I got a message on our machine (home number) that went along the lines of:
“Hi, this is Gerald, I’m sorry I missed you. I’m calling about the drawing you entered at XXX Mall to win the Dodge Durango a while back. No, you didn’t win the Truck, but you did win a fabulous vacation package [blah blah blah] and you can call me back at phone number …”
Now, we frequent that mall, but I don’t usually fill out prize slips, and when I do, I put my cell number.
As they are required to keep the slips, can I call them and request they fax proof that I filled out the form?
You could call and ask, but I’ve read some applicable federal law, and think that said telemarketer would have no burden of proof if you called.
However, you could file a small claims suit against him. You’ll either win a default judgement, or he’ll have to appear with said records.
On what grounds? Telemarketing is not illegal (yet!), and he has suffered no damages. So what if the telemarketer misled him regarding the source of his phone number; you cannot have a small claims action against someone just because they are annoying. Small claims does not recognize pain, suffering or harrassment as grounds for a judgement. You must show actual monetary damages.