I haven’t mentioned this in this space before, but in a previous work incarnation I was a legal assistant. I’m not anymore, but I put that training to good use recently.
For most of the time that I’ve lived in Gatesville we’ve gotten calls that use a pre-recorded message hawking Dish Network satellite service. By November of last year I had had enough and started pulling together materials to make a case under the Telephone Consumer Protection Act since it prohibits the use of artificial or prerecorded voice messages sent to residential lines.
So, on December 22, 2003, Cause No. 03-5808; Mickey Chandler v. Christopher Fischer, et al. in the County Court at Law of Coryell County was brought. I’ve posted copies of related documents.
That case settled today for $5,500.00. I’ve seen the settlement papers, and there is no confidentiality clause, and one was not even requested. Sometime next week, we will sign the papers, and I’ll get the check.
We’re very happy about this. Not just for the money, which is nice, but because we’ve been able to do something about calls that should not have been made to start with. The calls were, we felt the statute plainly said, unlawful and we actually did something to make that law stick.
But, while it would have been nice to have gotten a Judge to agree and then have a piece of paper saying that they were unlawful instead of a settlement document in which no one admits liability, I can leave that to the various attorneys general who are also going after him.
About the Author
Mickey is a Consultant & Attorney with over 28 years of experience in Email Deliverability & Privacy Law. He has a strong background in email authentication infrastructure (SPF, DKIM, DMARC), ISP and mailbox provider relations, anti-spam policy and compliance, CAN-SPAM and state anti-spam law gained through overseeing the Abuse & Compliance team at Salesforce Marketing Cloud, originating the ISP relations role at Informz (now part of Higher Logic), and working in the fight against spam since 1997. He holds a B.A. in Government, a B.S. in Computer Information Systems, and a J.D. from the University of Houston Law Center. He is a certified CIPP/US professional and a certified CIPM professional.
