Telemarketer won't leave me alone (close to 200 calls in 1 year). I have exhausted every non-legal option, and need help.

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I am a Florida resident, but because I'm in the military, I'm currently living in Texas. For over a year, a company named Florida Health Solutions (based out of Miami), has been calling my phone in an attempt to sell me healthcare insurance. They have called over 200 times in the last year from various Miami numbers and sometimes from Unknown numbers. I have told them to stop calling me, I have even called their main office in Miami to tell them to remove me from their list. I have been on the FCC and Florida's Do Not Call lists, yet they still call. In communications with the Better Business Bureau, they admitted that I am on their list, but have "now removed me." However since that BBB correspondence (2 weeks ago), I have received 2 more calls from their company. I have reported them to the FCC, Florida State Agriculture/Consumer Dept and the State Attorney to no avail. The calls need to stop. They are beyond violating the standard FCC and state of Florida telemarketing laws, they are just plain harassment at this point. I need an attorney who could take this case on (preferably on a contingency fee basis). Thanks in advance for any assistance/advice you can provide.

Attorney Answer

1
Christina Fiallo ·
You must keep a log noting the time and date the harassing calls are received. The government rarely enforces the laws against bad telemarketers, but consumers have a “private right of action” that lets you sue for $500 per violation, with up to triple damages for telemarketers who knowingly violate the law. First, you need to know if the call you’re receiving is illegal. These are the relevant laws and regulations governing automatic dialers: Telephone Consumer Protection Act, (TCPA) 47 U.S.C. 227(b)(1)(A)(iii) prohibits calling cell phones (whether the call is from a live or a recorded message). 47 U.S.C. 227(b)(1)(B) prohibits calling landlines or cell phones with a recorded message unless the company calling has a business relationship with the recipient. 47 U.S.C. 227(b)(3) provides consumers harmed by violations of the TCPA with the right to sue the violator for $500 per violation. If the violator knowingly broke the law, the court can order them to pay up to triple damages. Rules and Regulations Implementing the Telephone Consumer Protection Act 47 C.F.R. 64.1200(b)(1) requires that recorded messages state the identity of the business responsible for the call at the beginning, and 64.1200(b) requires that they state the telephone number of the business during the call. 47 C.F.R. 64.1200(c)(2) prohibits calling any number on the national Do Not Call list. Rules and Regulations Implementing the Telemarketing and Consumer Fraud and Abuse Prevention Act 16 C.F.R 310.4(b)(iii)(A) prohibits calling anybody who has previously asked not to be called. An experienced attorney can file claim under one or all of these provisions. My office has assisted persons in such cases.
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