Learn How To Sue Telemarketers And Win
You Have To Stay Determined Through Long Process
POSTED: 2:08 p.m. MDT August 29, 2002
UPDATED: 2:18 p.m. MDT August 29, 2002
DENVER -- More than 707,000 people have said stop it to telemarketers. They are the Coloradans who have signed up for the Colorado no-call list so far.
But have telemarketing calls really stopped? Consumer champ Bill Clarke says there is a way to turn off telemarketing calls and make money while you do it.
It's not easy taking a telemarketer to court and win. In fact, so far just one Coloradan has already done it.
But there are tips on how you can turn an annoying phone call into a profitable one.
If you're signed up on the Colorado no-call list, it's possible to get $500 each time a telemarketer calls you.
Here's what you have to do:
Take them to small claims court. You really have to want to make their lives miserable. First, you pay the filing fee to make a complaint in small claims court. Then hire a sheriff's deputy or private process server to deliver the complaint to the telemarketer. All this could cost you $60 to $100.
You have to sue in the county where the company operates. Because a lot of these guys are calling from out of state, you can't touch them. In state, you have to know where to find them.
Then you need proof they called. Note the date and time of the call, the name of the telemarketer, its address and phone number, and what they're selling -- the sales pitch.
Remember, the state attorney general needs at least three complaints about a telemarketer in one month before he can enforce any penalties. And it is a low priority item unless the offenses are widespread and willful.
But you -- the individual consumer -- need just one unsolicited phone call to sue.
Do it right and you could win.
To learn more about small claims procedures or to get forms, go to the state courts Web site.
For more on your right as a no-call list member, go to the attorney general's Web site.
On that site, you can also learn how the attorney general is enforcing the call and general information about getting on the no-call list.
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