James Everett Shelton
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  1. #1
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    James Everett Shelton

    Very happy to see the courts rulling.

    https://www.lexology.com/library/det...e-9324035e95f4

    We had to pay this asshole 5k plus attorney fees just to go away. Basically 10k out the door.

    It was the usual, he claimed to be interested, asked for an app to be emailed by one of my reps. Then a few weeks later sued us for the initial and every follow-up call. We would of fought him in court but it was going to cost way more to hire an out of state TCPA attorney.

    BEWARE, he's a professional plaintiff.

    http://www.finalverdictsolutions.com

  2. #2
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    Thanks! I have always been curious about if it is worth the effort to pursue all the cold calls that I receive after I tell the cold callers that I am not interested, they are calling a cell phone, please don't call me again, and to remove my number.

    So according to that article...
    Things in my favor to win a lawsuit...
    ~ I'm not a serial litigant.
    ~ I've had the same cell phone number since high school in 1996 when it was only used for personal use.
    ~ I currently receive personal calls and business call on my cell phone.
    ~ My cell number is listed online as a business phone number for customers, not to lure calls from business-to-business marketers.
    ~ My cell number is not listed online solely for the purpose of drumming up TCPA lawsuits.
    ~ I have sustained "injury". I have had to setup blocklist for the ones that call from the same number, but a lot of them change number on every call. So me and my staff are constantly being interrupted with the cold calls.
    ~ The TCPA prohibits ATDS calls to “any cellphone whether used for personal or business reasons.


    Things not in my favor to win a lawsuit...
    ~ My cell number is listed online as a business phone number.
    ~ Plaintiff lacked standing to bring claims predicated on the TCPA’s DNC because the cell number at issue was “also for business use, and business numbers are not permitted to be registered on the National Do Not Call Registry.” The court went on, explaining that “because Plaintiff held the Phone Number out to the world as a business phone number, he could not register it on the National Do Not Call Registry for purposes of avoiding business-to-business calls, such as those giving rise to this action.”

    So according to what I just learned by dissecting that link you sent is that I would have a good chance of winning suing under the TCPA’s ATDS rules.


    Thanks! Great read!

  3. #3
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    Quote Originally Posted by Winning View Post
    Thanks! I have always been curious about if it is worth the effort to pursue all the cold calls that I receive after I tell the cold callers that I am not interested, they are calling a cell phone, please don't call me again, and to remove my number.

    So according to that article...
    Things in my favor to win a lawsuit...
    ~ I'm not a serial litigant.
    ~ I've had the same cell phone number since high school in 1996 when it was only used for personal use.
    ~ I currently receive personal calls and business call on my cell phone.
    ~ My cell number is listed online as a business phone number for customers, not to lure calls from business-to-business marketers.
    ~ My cell number is not listed online solely for the purpose of drumming up TCPA lawsuits.
    ~ I have sustained "injury". I have had to setup blocklist for the ones that call from the same number, but a lot of them change number on every call. So me and my staff are constantly being interrupted with the cold calls.
    ~ The TCPA prohibits ATDS calls to “any cellphone whether used for personal or business reasons.


    Things not in my favor to win a lawsuit...
    ~ My cell number is listed online as a business phone number.
    ~ Plaintiff lacked standing to bring claims predicated on the TCPA’s DNC because the cell number at issue was “also for business use, and business numbers are not permitted to be registered on the National Do Not Call Registry.” The court went on, explaining that “because Plaintiff held the Phone Number out to the world as a business phone number, he could not register it on the National Do Not Call Registry for purposes of avoiding business-to-business calls, such as those giving rise to this action.”

    So according to what I just learned by dissecting that link you sent is that I would have a good chance of winning suing under the TCPA’s ATDS rules.


    Thanks! Great read!
    Lame

  4. #4
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    Quote Originally Posted by mrmrg View Post
    Lame
    So how would it be Lame, by engaging with the original poster, letting the original poster know that I find value in what was posted, then explaining how the post personally helped me?

    I have been a member of online forums since before the internet, back in the 90's when they where called BBS's.
    ("What is A BBS' click here for more https://whatis.techtarget.com/defini...ard-system-BBS)

    I have always thought the whole purpose is for the exchange of info back and forth via New threads, and comments.

    If more people would actively interject their thoughts on threads, it makes for a better community.

  5. #5
    Do you have his number or email? I want to make sure none of my reps call him.
    Adam Ward
    911 Ave U
    Brooklyn NY 11235
    adam@Funding-Zone
    347-269-1598

  6. #6
    Senior Member Reputation points: 30747
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    Quote Originally Posted by AllDayMoney View Post
    Do you have his number or email? I want to make sure none of my reps call him.
    On the article, it mentioned the guy had over 30 different cell phone numbers that he would use.. By now he probably has 30 new ones.

  7. #7
    Senior Member Reputation points: 32977
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    This guy is still at it:

    https://www.lexology.com/library/det...4-9f3a02433618

    Apparently he's made over 100k by his schemes.

  8. #8
    Quote Originally Posted by mrmrg View Post
    This guy is still at it:

    https://www.lexology.com/library/det...4-9f3a02433618

    Apparently he's made over 100k by his schemes.
    100k in 3-4 years and all that time suck to appear in court? People like this spend so much time trying to game systems to make some money. He probably signs up for credit cards and buys gift cards to convert to money orders to redeposit and pay the balance so he earns enough "points" to get a free airline ticket. There are better uses of time. Go out and be productive and quit trying to skimp by with nickel and diming people.

  9. #9
    Senior Member Reputation points: 97075
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    Quote Originally Posted by Winning View Post
    Thanks! I have always been curious about if it is worth the effort to pursue all the cold calls that I receive after I tell the cold callers that I am not interested, they are calling a cell phone, please don't call me again, and to remove my number.

    So according to that article...
    Things in my favor to win a lawsuit...
    ~ I'm not a serial litigant.
    ~ I've had the same cell phone number since high school in 1996 when it was only used for personal use.
    ~ I currently receive personal calls and business call on my cell phone.
    ~ My cell number is listed online as a business phone number for customers, not to lure calls from business-to-business marketers.
    ~ My cell number is not listed online solely for the purpose of drumming up TCPA lawsuits.
    ~ I have sustained "injury". I have had to setup blocklist for the ones that call from the same number, but a lot of them change number on every call. So me and my staff are constantly being interrupted with the cold calls.
    ~ The TCPA prohibits ATDS calls to “any cellphone whether used for personal or business reasons.


    Things not in my favor to win a lawsuit...
    ~ My cell number is listed online as a business phone number.
    ~ Plaintiff lacked standing to bring claims predicated on the TCPA’s DNC because the cell number at issue was “also for business use, and business numbers are not permitted to be registered on the National Do Not Call Registry.” The court went on, explaining that “because Plaintiff held the Phone Number out to the world as a business phone number, he could not register it on the National Do Not Call Registry for purposes of avoiding business-to-business calls, such as those giving rise to this action.”

    So according to what I just learned by dissecting that link you sent is that I would have a good chance of winning suing under the TCPA’s ATDS rules.


    Thanks! Great read!
    Someone who sues, is a sewer



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