4 ms·

The usual reaction in the US should be: sue them. You have the CAN-SPAM act and the Do Not Call Registry… why don't people make use of that to stop the companie

The usual reaction in the US should be: sue them. You have the CAN-SPAM act and the Do Not Call Registry… why don't people make use of that to stop the companies from spamming them?

JohnFen 7y ago
Because actually doing so is difficult, can be expensive, and is largely pointless.
- dredmorbius 7y ago
  Small claims. Up to $10k in most jurisdictions.
  - JohnFen 7y ago
    Maybe, but that only covers the court portion. The more problematic portion is gathering admissible evidence. Also, it's not clear if small claims would have jurisdiction with companies that aren't in the same state. Additionally, winning in small claims only gives you the right to chase after the award (the court is not going to collect on your behalf) -- so you still have to go to the time, hassle, and expense of trying to collect.
    - dredmorbius 7y ago
      http://www.killthecalls.com/suing-telemarketers.html http://www.killthecalls.com/suing-telemarketers.html https://www.nbc12.com/2019/12/05/consumers-winning-financial-settlements-robocallers/ https://www.nbc12.com/2019/12/05/consumers-winning-financial... (robocall specific) https://www.mahanyertl.com/2018/robocalls-can-sue-telemarketer-tcpa-post/ https://www.mahanyertl.com/2018/robocalls-can-sue-telemarket... (conduct your business over mobile) Specific to business lines, where harassment remains a legal recourse: https://pocketsense.com/stop-telemarketers-calling-business-7571504.html https://pocketsense.com/stop-telemarketers-calling-business-... https://paysimple.com/blog/small-business-tips-for-dealing-with-robocalls-and-other-unwanted-callers/ https://paysimple.com/blog/small-business-tips-for-dealing-w... https://www.infoworld.com/article/2626467/how-to-sue-telemarketers-and-win.html https://www.infoworld.com/article/2626467/how-to-sue-telemar... More to the point, establishing yourself as a litigious asshole may change the counterparty's marketing calculus. Which is the principle point.
      - JohnFen 7y ago
        Very interesting. Thank you for this!
eli 7y ago
I don't think either CAN-SPAM nor Do Not Call provides a private right of action that would apply here.
blaser-waffle 7y ago
For what sort of damages would I sue them? I was annoyed by a 2 minute phonecall or email? Its a regulatory thing, bump the FTC (and in this case ARIN) so they can take action.

The usual reaction in the US should be: sue them. You have the CAN-SPAM act and the Do Not Call Registry… why don't people make use of that to stop the companies from spamming them?

JohnFen 7y ago

Because actually doing so is difficult, can be expensive, and is largely pointless.

dredmorbius 7y ago
Small claims. Up to $10k in most jurisdictions.
- JohnFen 7y ago
  Maybe, but that only covers the court portion. The more problematic portion is gathering admissible evidence. Also, it's not clear if small claims would have jurisdiction with companies that aren't in the same state. Additionally, winning in small claims only gives you the right to chase after the award (the court is not going to collect on your behalf) -- so you still have to go to the time, hassle, and expense of trying to collect.
  - dredmorbius 7y ago
    http://www.killthecalls.com/suing-telemarketers.html http://www.killthecalls.com/suing-telemarketers.html https://www.nbc12.com/2019/12/05/consumers-winning-financial-settlements-robocallers/ https://www.nbc12.com/2019/12/05/consumers-winning-financial... (robocall specific) https://www.mahanyertl.com/2018/robocalls-can-sue-telemarketer-tcpa-post/ https://www.mahanyertl.com/2018/robocalls-can-sue-telemarket... (conduct your business over mobile) Specific to business lines, where harassment remains a legal recourse: https://pocketsense.com/stop-telemarketers-calling-business-7571504.html https://pocketsense.com/stop-telemarketers-calling-business-... https://paysimple.com/blog/small-business-tips-for-dealing-with-robocalls-and-other-unwanted-callers/ https://paysimple.com/blog/small-business-tips-for-dealing-w... https://www.infoworld.com/article/2626467/how-to-sue-telemarketers-and-win.html https://www.infoworld.com/article/2626467/how-to-sue-telemar... More to the point, establishing yourself as a litigious asshole may change the counterparty's marketing calculus. Which is the principle point.
    - JohnFen 7y ago
      Very interesting. Thank you for this!

eli 7y ago

I don't think either CAN-SPAM nor Do Not Call provides a private right of action that would apply here.

blaser-waffle 7y ago

For what sort of damages would I sue them? I was annoyed by a 2 minute phonecall or email? Its a regulatory thing, bump the FTC (and in this case ARIN) so they can take action.