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What's the best way to collect evidence to be prepared to sue for robocalling like in King v Time Warner Cable, U.S. District Court, Southern District of New York, No. 14-02018 (conclusion in html / order and opinion denying stay and granting summary judgement in pdf)?

It appears that in this case, there wasn't much dispute as to the facts (still, as a customer, where do you get the information as to the number of missed calls?), however, what if the business objects to the data you provide? Do you just give your statements under penalty of perjury?

Also, why was this case heard in NYC, the headquarters of TWC, even though they certainly must have had sufficient ties with El Paso, Texas, where the plaintiff is based.

cnst
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2 Answers2

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1) Collecting the call times. Even if TWC denied that it called 153 times, there would be phone records on the defendant phone record. Proving that the calls were robo calling is a little bit of a challenge. Since there is such a large number of them, one could easily have the voicemail records to prove it.

2) Look up your state law about recording when they call. Some states do not require you to notify the other party. Some states do. When you contact the company to tell them not to call anymore, inform them that the call is being recorded. Write down the time, the agent, and any other information.

I think she kinda got lucky with that. But TWC proved that they were not competent or reasonable.

3) If the robo call will not let you get to a live agent, call there number and talk to one, or at least attempt to.

4) Send a certified notice to the company. That would really hurt them.

Jdahern
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Also, why was this case heard in NYC, the headquarters of TWC, even though they certainly must have had sufficient ties with El Paso, Texas, where the plaintiff is based.

This [easy] answer first... Forum Shopping. Also see Supreme Court Slaps Down Blatant Forum Shopping by FELA Plaintiffs.

How do you collect evidence to sue for robocalling?

This is rather easy if you have the tools. Not everyone has the tools, however.

Tools that are close to what you need are Call Blocking software. The Call Blocking software monitors CallerId and uses white lists, black lists, and adaptive algorithms to accept or reject a call. Software like this include NoMoRobo and friends.

The tool that you need is called Callboot. It does what NoMoRobo and friends do, but it also does more. I wrote Callboot because of gaps in the typical software I could find, like NoMoRobo. I needed more information and actions for unwanted calls.

Callboot also:

  • Answers the call, plays a message stating "Please stop calling us. Please remove us from your list..."
  • Initiates a call trace with the carrier (if available). The software automatically reports the call to the carrier.
  • Reports the call to the carrier's Unlawful Call Center (if available). The software automatically reports the call to the carrier.
  • Reports the call to the FCC. The software automatically reports the call to the FCC.
  • Reports the call to the FTC. The software automatically reports the call to the FTC.
  • Logs all calls and actions with timestamps.
  • Generates reports based on your criteria.

All of the hardware and software for Callboot is open source. You have to buy the hardware, but it costs less then $30 USD. The software is free, but you need to install it.

You merely need to subpoena the records from the carrier. The carrier's records will usually be above reproach, and your local records will validate the carrier's records. And if your carrier makes available call trace service, then you get the detailed record with the company behind the call. (Not all companies provide call trace service. Verizon does, but Sprint does not).

One of the actions of the software is to play a message. Here is the message:

Please stop calling us. Please remove us from your list. We are on the Do Not Call list. Our phone system is part of our computer network and unauthorized access is illegal under the Computer Fraud and Abuse Act. The calls are also illegal under the Telephone Consumer Protection Act. Our terms of service make the illegal calls subject to $10,000 per violation.

jww
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