Fayetteville Man Responds To Robo Calls With Federal Lawsuit

Tuesday, December 31, 2013

Talk about your wrong number.

A fed up Fayetteville man has sued a Minnesota mass merchandising company over what he said were hundreds of unwanted, automated calls to his cellphone over the past three years.

It started as a wrong number, according to Bobby Chancery. Bluestem Brands, doing business as Fingerhut, called Chancery’s cellphone trying to collect a debt from a woman Chancery does not know, according to the lawsuit.

When Chancery answered, there was a period of dead air followed by a pre-recorded message that requested he press 5 if he was not the right party. If he did not pick up, the automated calling system would leave a voice mail message.

Chancery said for the first several dozen calls he followed the directions to inform the company they had the wrong number and to quit calling. It didn’t work, he contends in his lawsuit.

Chancery called Bluestem’s customer service department to request they cease the calls, but could never reach a live representative, according to the lawsuit. The calls kept coming, about 100 more, according to the lawsuit. Not only could Chancery not stop the calls, he was paying for the incoming calls because of his phone plan.

“The telephone calls made by Bluestem Brands to Chancery were so persistent and repeated with such frequency as to be considered hounding the plaintiff and a substantial burden to his existence,” according to the lawsuit filed in U.S. District Court in Fayetteville. “The conduct of Bluestem Brands in engaging in these communications resulted in multiple invasions of privacy in such a way as would be considered highly offensive to a reasonable person.”

The lawsuit contends Bluestem owes Chancery at least $500 in damages for each of the calls and, because Bluestem knowingly violated the federal Telephone Consumer Protection Act by continuing to call after Chancery asked them to stop, the damages should be tripled.

The suit also contains claims for invasion of privacy and punitive damages.

Bluestem officials could not be immediately reached for comment Monday.

The Federal Communications Commission issued rules and regulations implementing the consumer law in 1992. In 2003, rules were amended to implement the national Do-Not-Call list. The law regulates the use of automated dialing equipment and prerecorded messages and telemarketing calls using live callers.

In general, people who have received telemarketing calls, unsolicited faxes, prerecorded calls, or autodialed calls to cell phones can sue the person making those calls if they violate the law. The statute provides statutory damages, generally $500 to $1,500 for each violation, that are paid to the consumer.