Email Response: “Got my number off Craigslist”

I recently place my car for sale on Craigslist and on Autotrader.com. After doing so I have received numerous calls/solicitations from companies offering to help me sell the car for a fee. The calls are all solicitations I am referring to and obviously they got my number off the websites I advertised on. I posted my cell phone number as contact, obviously these companies don’t cross check phone # with the Do Not Call List, which my cell phone is registered on (I also confirmed this and printed page). So my question is do I still ask for a copy of their “do not call policy” or do I just send a demand letter for violation of the DNC?

Just needed a little guidance on this and where to start.

By the way I love your website and think what your doing to assist people is awesome!

Sincerely,

Dennis

Response:

Hi Dennis,

To start with, yes you ask for their policy. Whether they cross check or not isn’t a huge issue. Following the line of questions laid out in “The Introduction of Telemarketing Companies To The Law” post the next time is a tremendous  start. The more written policies, and recordings (many newer cell phones have this feature) and corresponding phone records you have you have, the stronger your case becomes. You need to gather all this prior to a filing a complaint with the FCC. Then you can construct your letter and send it. Send a copy to the FCC as well; subject: ‘For your records concerning complaint # __________________’. Its may not matter much, but to a judge this could make you look like you really tried to stop this prior to seeking compensation. Remember there is a 30 day delay with the registration until it goes into effect. Also a possible hiccup:  By listing your number on the site, you create an open contract. With a good lawyer, they could argue the “in business together” angle. And furthermore only calls made with a autodialer to cell numbers are illegal.  Punching in numbers by hand, cuts into profit margins so they usually do not. You are dealing with someone who probably works on commission and is committed to following every local lead to list cars with their service.

Sent your letter and best of luck. If they violate the DNC after the 30 period, and multple representatives have contacted your number, and you have requested their policy and asked not to be contacted- then u have a pretty good case.

I know this sounds a little unfair on the part of the consumer. Hence the reason we try to raise awareness here and kill their profit margins any way we can.

Regards,

The Kill The Calls Staff

Related Resources:

http://www.fighttelemarketing.com/silverleaf.html