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Cash In On The Battle Against Telemarketers

POSTED: 11:54 am MST February 27, 2007
UPDATED: 9:58 am MST February 28, 2007

Telemarketers can be annoying, often interrupting dinner and even waking residents while they sleep.

CBS 5 News has found a way to fight back against telemarketers and make them pay for harassing Valley residents at home.

"If these people are not held accountable, they're gonna continue trying to force their sales," said Andre-Tascha Lamme.

Lamme got tired of telemarketers calling his home five or six times a day, despite the fact that he's registered on the National Do Not Call Registry.

Instead of just hanging up, he took his frustration a step further.

"'You keep calling me, I'm gonna sue you,'" Lamme said. "They kept calling, so what did I do? I sued them."

Lamme, a computer programmer from California, not only sued the telemarketers -- he won.

Lamme won a $3,500 judgment last month against a mortgage company. Before that, he won a $500 judgment. One telemarketer settled the case for $2,000.

"I figured the only way they're gonna stop calling is if they have to pay," Lamme said.

Lamme filed all his cases in small claims court and says anyone can do the same.

The Telephone Consumer Protection Act of 1991 led to the creation of the Do Not Call Registry.

A provision in the law entitles consumers to sue for $500 each time a company calls after being told to stop.

John Keegan is a Justice Court judge in Surprise who says he wouldn't be surprised to see Arizona consumers start taking telemarketers to court.

"This is something that annoys a great many people," Keegan said.

But, Keegan explained, there are a few challenges along the way.

It may be hard to track down and log who's calling. To file a case, even in small claims court, a name or company and address are required.

It may also be difficult to serve the telemarketer with court papers and give notice of the lawsuit.

If the telemarketer doesn't show up in court, your chances of winning increase.

"If they are served and they don't respond, they don't show up, in most cases, a default judgment will be entered against them," Keegan said.

Filing a small claims case is relatively inexpensive in Arizona -- only $35 -- and doesn't require an attorney.

Lamme invested about $100 in his cases.

He's now set up a Web site to help others keep their phones from ringing.

Lamme admits that he doesn't really care about the money he's won in court, but if that's what it takes to keep telemarketers off the line, he says it's worth it.

"Take back your bloody phone," Lamme said.

To add your name and number to the National Do Not Call Registry, click here.

Click here to learn about Arizona's Small Claims Court.

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