Violation of the Federal DO NOT CALL list
DOVER, DELAWARE -- The Telemarketing Sales Rule prohibits telemarketers from calling a number listed on the Federal DO NOT CALL list.
Gevalia Kaffe Company has violated the Telemarketing Sales Rule, the Telephone Consumer Protection Act, and the Federal DO NOT CALL list by calling my telephone number 14 times, despite the fact that my telephone number is listed on the Federal DO NOT CALL list. Further, the last ten of the 14 calls are a double violation in that they continued to call after I had asked not to be called. The Telemarketing Sales Rule prohibits telemarketers from calling a person who has asked not to get telemarketing calls.
Gevalia is an organized business that sells coffee products.
Gevalia is NOT a charity
Gevalia is NOT a political organization
Gevalia is NOT a non-profit
I have NOT previously contacted Gevalia for any reason, as I do not drink coffee.
I do NOT have an “existing” relationship with Gevalia.
Therefore, Gevalia does not meet any of the “exemptions” listed within the Telemarketing Sales Rule.
Further, when I asked not to be called, the representative, "Miranda," insisted on having my name and address. There is no legal reason to provide this information when asking not to be called. All you need to do is ask for your phone number to not be called.
The Telemarketing Sales Rule prohibits telemarketers from failing to transmit Caller ID information.
- Gevalia transmitted only partial information. The phone number was clear, but the name was shown as “unavailable”
- I did a “GOOGLE” search and discovered the phone number belonged to Gevalia
I have filed a lawsuit, but I am having trouble "Serving notice." I sent a certified letter to the address shown on the web site, but the certified letter was delivered to a company with a different name.
Thanks to the commentor for the Kraft information. I found out LL Bean had sued them, and their lawsuit is available online. From this, I found out that they are registere in Pennsylvania. So, I paid a county sheriff to serve them notice. The reason I am having to serve notice myself is because I'm using Small Claims Court (no lawyer). That's the best avenue to sue telemarketers. If you use Small Claims, you pretty much have to do the "serving" yourself, or hire someone.
Well, they "got" my notice. I got called by their attorney. My number IS on the DO NOT CALL list, I have verified that. However, I registered it in 2006 (because that is when I got the phone number), but the DO NOT CALL list says it was registered in 2003. Oh well.
Update: I got called by the attorney again. Apparently, the person who had my phone number before me had ordered from Gevalia. I got the phone number 3 months after the previous phone number holder had ordered, and Gevalia was using the "18 month we can still call you" rule. They are going to pay me $1500 based on.... they have 30 days to stop calling me after a request to not call. They exceeded the 30 days by 3 phone calls, so that is what they are basing the $1500 on. The $1500 is worth it, to me.