Getting Sued for violating the TCPA act
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  1. #1
    Quote Originally Posted by jfeinberg View Post
    We had an issue with them. Nothing came of it besides this one letter.



    Ever Lasting Capital
    ATTN: LEGAL DEPARTMENT
    27 B Sterling Dr.
    Rochester, NH 03867

    Re: Violation of the Telephone Consumer Protection Act

    To Whom It May Concern:
    My Client, Terry Fabricant (Client), wishes to bring to your attention a telemarketing
    concern. In August of 2018, my Client received multiple unsolicited telemarketing calls to
    their wireless line **********, from your company, or some company on your behalf, from
    number **********. My Client did not provide their consent to your company to make
    these telemarketing calls. It is my understanding that according to the Telephone Consumer
    Protection Act, it is illegal to make marketing calls to any wireless line using an ATDS or
    Pre-Recorded message without first obtaining the express written consent of the recipient or
    business. Furthermore, the numbers in question is also on the National DNC Registry, thus
    constituting a DNC violation as well.

    Please forward to my attention all documents that evidence any purported consent to
    receive telemarketing calls from your company, as well as any other documents that support
    your position there is no claim against your company, if that is your contention. Before my
    Client proceeds with a formal claim, they wish to give your company the opportunity to
    explain their actions. Please forward this information to my attention by September 4, 2018. If
    we do not hear from you at that time, my Client will consider all legal remedies available,
    including but not limited to, filing a claim in Federal Court. By sending this letter, you as well
    as any third parties that you worked with related to the telephone campaign at issue, are hereby
    notified of your obligation to preserve all electronic and non-electronic files regarding this
    claim. This includes, but is not limited to, all e-mail communications and records reflecting
    telephone calls.
    Sincerely,
    Heidarpour Law Firm, PLLC

    Andrew W. Heidarpour, Esq
    I got the same letter as well. Did you just ignore it and never respond to him?

  2. #2
    Senior Member Reputation points: 44171
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    Quote Originally Posted by leocapgroup View Post
    I got the same letter as well. Did you just ignore it and never respond to him?
    Bro you're good. Just don't respond, and get back to work.

  3. #3
    Senior Member Reputation points: 17365 jfeinberg's Avatar
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    Quote Originally Posted by leocapgroup View Post
    I got the same letter as well. Did you just ignore it and never respond to him?
    Our lawyer responded but nothing after that.

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