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My understanding of the law is that if they have established a business relationship with you (you express interest in their product), that "relationship" lasts
by lps41 14y ago
My understanding of the law is that if they have established a business relationship with you (you express interest in their product), that "relationship" lasts for (I believe) 30 days, during which they can call you freely. Asking to be put on their DNC list should cut off your relationship, but I think had they gone to court they would have had a solid defense that you expressed interest in their product, and you would have likely won nothing.
- mitchty 14y agoDoesn't that assume that he wanted the relationship in the first place? He tried getting on their do not call list originally. By my count that makes any further relationships null and void as one party was acting in poor faith (IANAL no idea what the legal term might be). Basically the fact that they called him without reason and avoided providing their actual contact information would seem to make a judge question the relationship they might have.
- jtheory 14y agoOne probably-very-relevant thing you aren't addressing -- the "business relationship" started with a very clearly illegal cold call to a Do-Not-Call listed mobile phone number. I also suspect that the company actively breaking the law as part of their business model must know something about the laws they're tangling with, and they settled with him for $4K rather than actually to go to small claims court over $7500.