Sound Familiar? If they do leave you a voicemail it's most likely already started and you come in in the middle of the one way conversation, my last one started at "without a warranty, you are still eligible to reactivate warranty coverage, this is the final call before we close the file, press two to be removed from the follow up list, or press one to speak with a representative now about your vehicle. " Spoken by a woman's voice, obviously a recording.
Calling the number back will most likely result in a fast busy signal (as it did for me), meaning the number is disconnected, or is an auto-dialer calling out.
A reverse phone check on this particular number shows the number as listed in Delaware.
Interesting reading on a similar lawsuit from Verizon Wireless (possibly related):
http://www.mycentraljersey.com/apps/pbcs.dll/ ... /803270382/1001
Interesting reading on your rights under the TCPA (Telephone Consumer Protection Act) including violations, successful lawsuits & settlements and fines.
http://www.discord.org/~lippard/lawsuits.html#violations
http://www.stopjunkcalls.com/64120.htm#dnc%20req
and my personal favorite:
http://www.panix.com/~eck/telemarket.html
With The information about the company previously given in these posts you should be able to file against the company with forms from your local courthouse. Though the hiring of legal aid is of course a good idea (I am no lawyer. lol), the forms are available to you in small claims court. You need the billing information of the company, name of the company and a list of possible violations under CFR § 64.1200
(Interesting Note: CFR § 64.1200 was enacted as a result of the the Telephone Consumer Protection Act (TCPA). The TCPA offers consumers a "Private Right Of Action" for violating "the regulations prescribed under this subsection". The regulations below are the regulations referenced by the TCPA. A violation of the regulations below is an instant violation on the first call."-in other words, you don't have to wait until you're ready to pull your hair out to file a claim.)
The fines for violations (each) range from 500-1500 dollars. Court fees (based on personal research experience) total up to about 26.00 total for filing-which you can also stick to the company for winning your claim as well.
One such obvious violation states that no person or entity can make unsolicited phone calls to
a[1]Initiate any telephone call (other than a call made for emergency purposes or made with the prior express consent of the called party) using an ***automatic telephone dialing system*** or an ***artificial or prerecorded voice***,
OR a [1](iii) To any telephone number assigned to a paging service, cellular telephone service, specialized mobile radio service, or other radio common carrier service, or any service for which the called party is ***charged for the call***.
They can also be fined for not answering your call within 30 days granted you call back more then three times in that 30 days and they continue to call you and hang up or leave pre-recorded voicemail messages.
KEEP RECORDS of every call and the number it's coming from, if possible, save the voicemail, especially on your cell phone, most cell phone providers have a forwarding option for voicemails left to your phone. Making them accessable in court, time/date stamped WITH phone number. EVIDENCE
GOOGLE everything you can about the number until you get a company name and billing information. You cannot file if you do not know this information.
IF you do get someone on the phone GET THEIR NAME and be asked to be placed on a "do not call list" AND be provided with a copy of their "do not call policy". If they fail to do so this will result in ANOTHER violation or two. (Not placing you on the list and not providing the do not call list policy are both violations in themselves).
This act also states that the caller has to identify themselves AND the company, most just hang up, that is in fact yet another violation.
IF you call back and you do not get someone but get a voicemail. LEAVE a voicemail asking to be removed from their list, placed on a company "do not call list"...even saying "don't call me anymore" is good enough in court. Keep records of the date you called back the number THEY TOLD YOU to call back and left these messages. If they continue to call you, call back every time they call you and record the call on paper with date/time and if possible, the name of the person who's voicemail it was. (It will show up on your phone bill-EVIDENCE)
In the case of this number, because calling back has proved less then productive, use the billing information provided in this post earlier (granted it is correct) to file directly against the company for the cold calling with a automated voice dialer. They will most likely settle out of court.
that information again: (thank you thank you thank you whoever posted that.)
Generated Website: http://800notes.com/Phone.aspx/1-302-990-2987/6
Domain Name: WARRANTYAMERICA.COM
Domain Status: LOCK
Registrar: CyDentity, Inc. dba CyPack.com
Referral URL: http://www.CyPack.com
Domain Registration Date....: 2001-02-22 GMT.
Domain Expiration Date......: 2009-02-22 GMT.
Domain Last Updated Date....: 2008-03-22 04:46:42 GMT.
Registrant:
kimtaeho
17-211, Maewol-dong, Seo-gu
Gwangju, Gwangju 502153
KR
Administrative Contact:
kimtaeho
[email protected]
17-211, Maewol-dong, Seo-gu
Gwangju, Gwangju 502153
KR
(PHONE) +82-11-226-2899 (FAX) +82-62-603-0969
Technical, Billing Contact:
kimtaeho
[email protected]
17-211, Maewol-dong, Seo-gu
Gwangju, Gwangju 502153
KR
(PHONE) +82-11-226-2899 (FAX) +82-62-603-0969
Domain Name Servers in listed order:
NS1.PARKED.COM 69.46.233.250
NS2.PARKED.COM 69.46.234.250
Current Registrar: CYDENTITY, INC. D/B/A CYPACK.COM
IP Address: 69.46.228.36 (ARIN & RIPE IP search)
IP Location: US(UNITED STATES)-FLORIDA-TAMPA
Record Type: Domain Name
Server Type: Apache 1
Lock Status: clientDeleteProhibited
Web Site Status: Active
DMOZ no listings
Y! Directory: see listings
Secure: No
E-commerce: No
Traffic Ranking: Not available
Data as of: 14-Jun-2005
The is hosting the parked page is zipa.com . http://www.zipa.com/about/tour/?ln=25 the server is florida, but zippa has a regestered address in Contact Zipa.com: 650 Poydras Street Suite 1015 New Orleans LA 70130
You may have to do some more research since CYDENTITY INC doesn't come up on the D&B Database
Business search:
http://smallbusiness.dnb.com/webapp/wcs/store ... ry=US&x=33&y=14
However. Zipa DOES and in all places...duh duh DUH FLORIDA
http://smallbusiness.dnb.com/webapp/wcs/store ... ode=70130#goTop
Happy Hunting!