Got a call from "Derek" of "US Home Improvements" asking "Are there any home improvements I'd like." My acceptance led to referral calls for free quotes from some major US companies offering window replacement. Caller ID read "James Donato, 508-583-4284."
Instead of carping on this site, we should all be posting information we can all use like who called and subject of the call. The end result should be that we all file lawsuits. Here is the basis for lawsuits:
47 U.S. CODE § 227 - RESTRICTIONS ON USE OF TELEPHONE EQUIPMENT provides a person or entity may, if otherwise permitted by the laws or rules of court of a State, bring in an appropriate court of that State
A. an action based on a violation of this subsection…
B. an action to recover for actual monetary loss from such a violation, or to receive $500 in damages for each such violation …
C. both such actions
AND
Federal Communications Commission DECLARATORY RULING Adopted: April 17, 2013, Released: May 9, 2013, provides that “while a seller does not generally “initiate” calls made through a third-party telemarketer within the meaning of the TCPA, it nonetheless may be held vicariously liable under federal common law principles of agency for violations of either section 227(b) or section 227(c) that are committed by third-party telemarketers.” (‘Seller’ is a beneficiary of the telemarketing call)
BOTTOM LINE - you don't need to know who called; just go after the "seller" (beneficiary of the call or the sale) and let them settle the score with their telemarketer!
This "oe Damato" keeps calling me several tijes a week. I am handicapped and it is a problem getting to the phone to answer and find nowone there.This is Harrassment and my no. is on the FBI "do not call" list, but they still call constantly. I have now complained to the U s Attorney office, for real You and VARIZON and now a serious nuisance. I want to hear what you will about it. Dan Parkhurst 512 448 3895 Austin, tx.