Phishing and telemarketing telephone calls
Anne P. Mitchell, Esq.
amitchell at isipp.com
Mon Apr 27 16:02:15 UTC 2020
>> Well, while we are already engaged in the thread, some of you may be
>> interested to know (especially if you find yourself with time on your
>> hands these days), that you *can* actually get money from these
>> scum. In fact, it turns out that they cave pretty easily because
>> they *know* they are violating the law, and they *know* what the
>> penalties are.
> This is awesome!
> Not being a lawyer, I have no idea, but how effectively could a non-US-
> resident (i.e. somebody who lives in Canada) apply this? Do the laws
> being violated still count if they are to a non US-resident? Does not
> being a US resident weaken the leverage you have over these scum? I.e.
> wouldn't they be more likely to ignore a non-US-resident on the
> assumption that such a person is not likely going to bring suit?
Well, if the org is in or has a connection to the U.S., then they are still in violation of the law. Whether they would even come to know that you are not a U.S. resident would depend on how it unfolded, and even if they did come to find out that you are not a U.S. resident, to fight it on that basis would cost waaaaaay more than just settling with you.
The whole basis for this is basically that you are reminding them of something they already know (they are in violation of the law), and something else that they already know (each single violation of TCPA can carry a fine up to $500, and triple that if they knowingly violated TCPA and your phone is on the Do Not Call list - and of course you let them know that your phone number *is* on the DNC list, and that you have reason to believe that they knowingly violated the TCPA, so each call/text to you is worth $1500). What they count on is that people receiving their calls/text messages won't know the law, or how to proceed against them. YOU are letting them know that *you* know these things also, and that you are prepared to actually take them to court, where they know the odds are very much against them. They *know* how much those penalties are, so if you are offering to settle for substantially less, it is in their best interest to agree to your terms.
Whether your place of residence would ever come up is an open question; their wanting to spend the money to fight an otherwise slam-dunk (in your favour) lawsuit on that basis, which would cost them waaaaay more than what your now very reasonable offer requests, seems unlikely.
Hey, even if some of the orgs tell you to go pound salt if they find out you're not a U.S. resident, if even one comes through...free money (other than the time you have invested). :-)
Anne P. Mitchell, Attorney at Law
Dean of Cyberlaw & Cybersecurity, Lincoln Law School
CEO/President, SuretyMail Email Reputation Certification
Author: Section 6 of the CAN-SPAM Act of 2003 (the Federal anti-spam law)
Legislative Consultant, GDPR, CCPA (CA) & CCDPA (CO) Compliance Consultant
Board of Directors, Denver Internet Exchange
Former Counsel: Mail Abuse Prevention System (MAPS)
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