People have read my page and taken up the fight.
Other Victories Over Telemarketing

I'd like to introduce you to Barry Burnett.

Barry read my site and decided to take action himself. He's the first person to report back with a trophy! But enough of my yacking--I'll let Barry tell his story.

Here's a picture of Barry's "rebate" check.

I don't know who's prouder--me or him.

This story starts back in September, 1999 when my daughter, Hillary, answered an ad in the Charleston newspaper that Captiva Technologies was trying to hire people to work for them. She was subsequently hired along with several other people to sell Filter Queen sweepers. She worked for them for 3 weeks without ever being paid. We filed a complaint against them with the Illinois Dept. of Labor, and in May of this year it was dismissed without us ever being allowed to present any evidence for whatever reason.

In the months before the case was dismissed, my daughter, my wife, and I were contacted several times by Captiva Technologies either in person or by phone trying to get us to drop the complaint against them. They were told on at least 5 occasions by all three of us and by our local police department to cease contacting us in the future. We even went as far as signing criminal complaints twice with the police department for harrassment but the Douglas Co. State's Attorney's office refused to prosecute them saying basically that it wasn't worth the trouble.

We were also contacted by their telemarketing people several times during this time. We did purchase one of their products when my daughter worked for them but we had specifically told them to NEVER call us again on at least 6 occasions. Then, one evening around the middle of June 2000 we again received a telemarketing call from them. My daughter happened to be the only one home at the time. When I got home a short time later she told me about it. She had the presence of mind to ask the name of the telemarketer who called and the number they were calling from, which they readily gave to her.

I called them back and first asked for the manager, Bruce Bolden and I was told he wasn't in but I could call back a short time later and he would be. I called back within 10 minutes and was turned over to Eric (last name not known), who is the assistant manager. After much discussion, Mr. Bolden then reappeared on the scene and was telling Eric in the background what to say. I did hear him say that I had to sumbit my request for a copy of their "Do Not Call" in writing and if I didn't wish to do that Eric was instructed to hang up on me. I told Eric that as for the TCPA, they were required by federal law to provide me with a copy of it if I requested it even if by phone. He finally told I should just put a gun to my head and commit suicide, called me an asshole, and then hung up.

I immediately called them back and got Mr. Bolden who immediately began apologizing for both his and his employees actions over the phone. I was also told for the umpteenth time that it was a mistake by them to call me and that my name was on their do not call list and it wouldn't happen again. (Hopefully the end of the story for them until the next time). I informed Mr. Bolden that he had violated federal law and that I had every intention to sue him for the $500.00 I was allowed, plus all my legal fees.

At this point he started backpedaling BIG TIME. He stated that I didn't really want to do that and that it would cost me a lot of time and money. He asked me if it was okay if he fire the telemarketer that called me. I said that it would be a start. I also told him I would like it if he fired Eric, closed the office down and he would leave town. Mr. Bolden stated that he had been offered another position with the company to open an office in Missouri and that their Charleston office would close in January of 2001.

I then told Mr. Bolden that I still had every intention of suing him for the $500.00 but that we could settle it if we could come to an agreement between us beforehand. He asked if I would accept $200.00 and a copy of their "Do Not Call" policy. I should have held out for more but agreed to this.

When the check didn't promptly arrive I called Mr. Bolden back on 3 occasions and was told that it was mailed. He asked me to call him before 4:00 PM on Saturday, July 1st if I had received the check by then. I didn't receive it and when I called Bolden he told me that it was mailed and for me to check the postmark when I get it to prove that it had been mailed. I told him that he should just bring the check to me as I didn't believe him. He said he would do this for a $500.00 fee. I laughed at him. My intentions were to the courthouse on Wednesday, July 5th and do what I had to do to file the suit (which I told Bolden that I would do). Lo and behold, on Monday, July 3rd he showed up at my door with the check that you see above and a copy of their "Do Not Call" policy. He told my wife that his religious beliefs were that he would forgive us for doing this to him and he hoped her religious beliefs were that we would forgive him. He continued making excuses as to why it didn't get mailed. My wife told him that her opinion was that he didn't have any beliefs other than when you don't know what else to tell someone, lie to them.

Congratulations, Barry!
The story illustrates clearly the picture I have of the telemarketing type. And I think Captiva knows just how lucky they were to get away with only a $200 fine.

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