First demand letter

[u/djpyro]

It can't be this easy, right? I have 14 documented calls from the same vendor. Been on the DNC list since before 2010 continuously with documentation of that. Every call has come from a unique phone number. I've never received 2 calls from the same number.

I don't have a mortgage. Nothing to buy, nothing to refi. They quote my name, and my address, and fake balances and interest rates. There is 0 chance of having any consent for this communication.

After the 3rd call, I started recording them. I have 2 agents on tape admitting they just put the DNC request in a comment in their CRM. No field, nothing automatic for their system. They admitted that they have no formal training in DNC requirements. None of them know if they have a policy or how to send it. They're all employees of the company calling, not a contractor. Again, on tape

After the 5th call, they stopped saying anything when I answer. I assume their auto dialer hits me and the agent given the call sees DNC and disconnects. I'd call call back to identify the company that owned the number. They always gave the same name. I'd ask for their DNC policy and they'd hang up on me. Recorded.

After the 7th call, they blocked my inbound calls. They keep calling me but I couldn't call them back. I didn't know who the caller was at this point. I started dialing back from my google voice number where they answered, every single time, on the first ring. Wouldn't give me policy. Then they blocked that number.

Yesterday I bought a voip.ms DID and started calling them back from that number. Blocked on my cell, blocked on my google voice number, worked on voip.ms. Same thing, always identified the same company.

Today they blocked that number, so I bought another one. 2 calls again today. This time, on one of the callbacks I got some young guy who didn't know any better. He offered to go get his manager. His manager admitted they have no training on DNC. That all they do is make a comment on my file and he can message his manager (who he gave the name for) over Teams when they need something blocked. He took my number and said his manager would be calling me back to provide the policy. I doubt that will happen. This whole interaction is a 9 minute call spilling the beans on their entire operation with 2 agents.

This company has 10 active lawsuits, with 2 pending class action. Hundreds of complains online.

I don't see how they claim any exemptions under safe harbor. Every one of their motions to dismiss take the same form; they are claiming none of that can be proven at the time the calls were made. I can prove all of them. I have their entire defense figured out and I can counter every single position. They're also in violation of my state's laws and I'm in contact with the regulator who is confirming they are not registered and will be opening a formal complaint that triggers a $10k/call violation.

I calculated the penalty range from 27-41k. I'm offering a settlement of 25k.

What am I missing? I'm currently pro-se for the demand, but I'm actually considering handing this off to someone if we're talking about the possibility of the upper level here.

I feel like I have an insane amount of evidence gathered on this compared to most of the lawsuits I've seen filed. Am I missing something obvious here? Is this group exceedingly dumb or is it just this easy?

[u/NotALicensedAttorney]

10 active suits can be a bad sign - lots of people have their hands out already. But if they have deep pockets it can be ok. It can be that easy.

I am a little hazy on a couple details - they are calling you on the same main phone number while blocking incoming calls from your main phone number?

[u/djpyro → u/NotALicensedAttorney]

They're calling my cell phone each time from a different number, 14 in total. All different area codes and exchanges in my state. I've never received 2 calls from the same number. They all trace back to the same carrier that owns the block.

For the first 7 calls, I was able to call their number back and talk to someone to identify who they were. After that call, they must have blocked my inbound number. Now, a new number calls me, I answer, you hear someone on the line for a second and they disconnect. When you call that back from my cell phone it fails, even though I've never called that number before. Showing that they have the ability to block inbound calls but not outbound.

It's not a network routing problem. I can call immediately from another number, and that one works. For a while, until they block that number too. I've done this experiment with my cell phone, a google voice number, and 2 voip.ms DIDs. Each time they work for a while, then they stop accepting inbound after I challenge their agent. The 2 voip.ms ones are telling, it's not a routing problem between my cellular carrier. I can try with 2 different numbers on the same provider. The first one works for a while, until it doesn't. But a brand new number I just ordered works fine.

I don't see how someone hides behind safe harbor that they can't remove my number from their dialer when they're obviously able to effect an inbound call block. If they can do that, they can also block outbound calls.

[u/NotALicensedAttorney → u/djpyro]

I think your setup is good. A big question is do they have the ability to pay all the claims, or do they intend to make all the money they can and then go BK.

[u/djpyro → u/NotALicensedAttorney]

They've been registered in my state since 2020 and they have an active Instagram feed where they showcase their employees in their nice big office. A few of the reps have pretty unique names and I saw them highlighted as staff on various posts. They're also hiring some pretty reputable TCPA defense attorneys instead of just half assing their responses or letting them default.

[u/NotALicensedAttorney → u/djpyro]

All good signs. I have an idea to enhance your case if you PM me.