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It started with one of those annoyingly intrusive telemarketing calls. In January 1998, a Sears affiliate rang me up trying to sell vinyl siding. I asked them not to call again. When they did, two weeks later, I wrote to complain. I thought the letter would convey how serious I was and that would be the end of it.
In fact, it was just the beginning of a battle pitting me – at the time a stay at home mom of three young sons – against an industry. Though I told the company it was breaking a federal law requiring telemarketers to remove consumers from their phone lists on request, three months later a saleswoman phoned again. I was like, ‘For crying out loud….how many times do I have to ask?’
To make my point, I filed suit against the company in small claims court for violating the Telephone Consumer Protection Act. I sought $5,000 in damages. Sears countersued for $10,000 and punitive damages, charging me with illegally recording my phone calls to company officials when I inquired about their telemarketing policy – something perfectly legal in my state. At that point my husband and I became concerned we’d lose our house in what surely would play out as a lengthy legal battle.
But justice prevailed when Jon Turak – a local attorney whose son happened to be in my cub scout den – intervened (free of charge no less!). Effectively convinced that their suit was without merit, Sears withdrew it and paid me $4,000 for the telemarketing violations.
Since then I’ve continued to hold telemarketers’ feet to the fire:
- Privacy advocate wins $19,500 in ruling
- Anti-Telemarketers Send Out of Very Busy Signal
- Fed Up with Irritating Phone-Sales Pitches, Diana Mey Scores a Ringing Victory for the Sweet Sound of Silence
- Mey v. Herbalife International, Inc., Civil Action No. 01-C-263 (Circuit Court of Ohio County, W.Va.) – $7 million nationwide class action settlement alleging violations of the federal Telephone Consumer Protection Act