FacebookTwitter
Hatrack River Forum Post New Topic  Post A Reply
my profile login | register | search | faq | forum home

  next oldest topic   next newest topic
» Hatrack River Forum » Active Forums » Books, Films, Food and Culture » Go get 'em!

   
Author Topic: Go get 'em!
Dagonee
Member
Member # 5818

 - posted      Profile for Dagonee           Edit/Delete Post   Reply With Quote 
Marketer Sued for Do-Not-Call Violation

quote:
The Federal Trade Commission, seeking its first civil penalties against a telemarketer for violating the federal do-not-call list, has sued a Las Vegas firm, saying it called more than 300,000 numbers on the registry to sell time-share properties in Atlantic City.

In a lawsuit filed Monday in a Nevada federal court, the agency said Braglia Marketing Group LLC also broke federal rules governing the use of automated dialers. If consumers answer such calls, they must be connected to a sales representative within two seconds.

"This is a pretty simple case because our requirements are pretty clear. You can't call numbers on the registry. These people did," said Eileen Harrington, the agency's associate director for marketing practices. The agency's rules call for an $11,000 fine for each violation, making the potential liability in the case more than $3 billion, an award that the commission is unlikely to obtain, agency officials said yesterday.

Login: fedup@mailinator.com
fedup

Posts: 26071 | Registered: Oct 2003  |  IP: Logged | Report this post to a Moderator
aspectre
Member
Member # 2222

 - posted      Profile for aspectre           Edit/Delete Post   Reply With Quote 
It would be better if the owners of those properties were also held responsible for the fines.
Scumbags hiring "subcontractor"s to front for illegal activities should be nailed to the wall.

Posts: 8501 | Registered: Jul 2001  |  IP: Logged | Report this post to a Moderator
Dagonee
Member
Member # 5818

 - posted      Profile for Dagonee           Edit/Delete Post   Reply With Quote 
Legally it would depend on the relationship. For tort liability, the indepenent contractor relationship might protect the time share seller unless it's shown he knew about the violations. BUT, I think a case could be made for anyone who put themselves on the timeshare seller's individual do not call list i the timeshare seller didn't give this list to the telemarketer.

Criminally, it would have to be shown the time share seller acted in concert - in this case hired the telemarketer specifically to call people on the do not call list.

I'm not sure how it works for civil penalties. I know the standard of proof is lower, but I'm not sure how culpability flows. There's precedent in the Tysons Chicken/Maryland chicken farmers cases, but I don't know if it applies.

There should be a way to do this easily. The statute should make this issue explicit. For telemarketers and spammers.

Dagonee

Posts: 26071 | Registered: Oct 2003  |  IP: Logged | Report this post to a Moderator
   

Quick Reply
Message:

HTML is not enabled.
UBB Code™ is enabled.
UBB Code™ Images not permitted.
Instant Graemlins
   


Post New Topic  Post A Reply Close Topic   Feature Topic   Move Topic   Delete Topic next oldest topic   next newest topic
 - Printer-friendly view of this topic
Hop To:


Contact Us | Hatrack River Home Page

Copyright © 2008 Hatrack River Enterprises Inc. All rights reserved.
Reproduction in whole or in part without permission is prohibited.


Powered by Infopop Corporation
UBB.classic™ 6.7.2