To The Courts

There are two main fights you need to pick when looking to retaliating against telemarketers. First you need to file a complaint with the FTC and FCC.

• FCC Consumer & Govermental Affairs Bureau complaint process
• Federal Trade Commission complaint process (used in pattern detection for law enforcement, not individual resolution of conflicts)

Your fight just went federal. Now it should be realized that the federal level of the fight is usually reserved for the companies that are mass defrauding the nation, but your little claim could help make a big splash.

Small claims court is your next stop. This will be the fight that gets you paid. If you have no idea how to do so you can see a small claims court guide like the one at ConsumerAffairs.com.  The authority person you talk to at the company with whom you are taking to court will try to tell you that you are unfamiliar with the law, that you have no case, and that they are no liable. If you have researched all the information given on this website, it is our hope that none of these will be true and you will be on your way to being handed a check. Here is an example of how a complaint will look in print throughout the process.

Here are the exact regulations where you can find evidence needed for your claims:

• U.S. Code Title 47, Section 227 addressing telephones, faxes, and unsolicited advertising (also archived here).
• U.S. Code Title 16 addressing telemarketing and fraud.
• U.S. Code Title 47 addressing unsolicited telephone advertising.

*It should be noted that aside from breeching regulations within such acts as the Telephone Consumer Protection Act of 1991 and its revisions/additions, you can also file a complaint with the FCC’s Do Not Call registry if you are listed there and feel a telemarketer did not adhere to the rights it entitles you to.