Wednesday, July 10, 2002
Richard Dingman is, like many people, fed up with telephone solicitors. But, unlike most people, Dingman decided to take action.
"You’re outside trying to do some work, or trying to prepare dinner, and you get these calls," Dingman said. "It’s just a nuisance."
In July 2001 a state law went into effect, giving residents the right to ask telemarketers to stop calling. If a business continues calling after being asked to stop, residents can take action in either small claims or circuit court.
In May 2001 Dingman, a Vienna resident and former state legislator, started recording the names of telemarketers calling his home, in anticipation of the July law. He still keeps records today, asking callers for their first and last names, which they are required to give, and requesting that the companies stop calling.
"My wife and I both [keep records] now," Dingman said. "We’ve determined that we’re not going to put up with this."
Dingman, like any Virginia resident, is protected by the Virginia Telephone Privacy Protection Act, code number 59.1-510 through 59.1-518. The code requires that telephone solicitors call only between the hours of 8 a.m. and 9 p.m., and that callers must state their first and last names. If a case is taken to court, the company can be fined $500 for each time the company calls after being asked not to call. A company can be fined no more than $1,500. City, town, county or commonwealth attorneys may also file for damages, along with each private citizen, of up to $1,000.
"When one gets a call one does not want, one should say, ‘I do not wish you to call this number, take me off your calling list,’" said Stuart Ashby, manager of the Counseling Intake an Referral Unit of Virginia’s Community Affairs Division. "If they keep calling you can file a complaint, or you can take them to court."
To complain about a certain telemarketing company, call 1-800-552-9963. State representatives will then call the company against which the complaint is made, and will advise the company of the telemarketing laws. In the year since the telemarketing code has been in place, the state has received 61 complaints about telemarketers, Ashby said.
IT WASN’T UNTIL around a year after Dingman started taking records, though, that he took legal action. In April of this year Dingman received three calls from See Thru Windows and Doors. The next month, in May, he received two more calls from the same company. Each time the company called, Dingman asked for the company to stop. But the company kept calling. He even advised a few callers that a lawsuit was pending against their company. But the calls still continued.
"The callers themselves don’t know who has called," Dingman said. "It’s not the callers’ fault, but the company’s."
After deciding to go forward with his lawsuit, Dingman went on the Fairfax County Website and found a page, www.fairfax.va.us/courts/gendist/homepage.htm, that explained how to file a suite in small claims court. He decided on small claims court instead of circuit court, so he would not have to hire a lawyer.
Dingman’s first step in pursuing litigation was to figure out who he was suing. He tracked down Charlie Brown, the owner of the company. He went to one of the company’s stores, in Chantilly, where he noticed magazine articles about Brown on the walls. So, after pinning down the name of the company owner, he arranged for the county to serve a warrant, notifying Brown of the court date. Since the company has several offices, in Virginia and Maryland, Dingman thought Brown probably would not be around to receive the warrant. Brown did not receive the warrant, but Dingman also sent Brown a letter about the court date.
And when Dingman showed up in court, the judge asked if anyone would like to try mediation, out of court.
"A guy raises his hand, and says, ‘I’m Charlie Brown,’" Dingman said.
THE TWO COULD NOT come to an agreement out of court, so they went to trial. The judge was not familiar with the laws regarding telephone solicitation, so he left the bench for around 10 minutes to read the code.
"The judge came back and said, ‘I’m going to take this home to my wife. We’re always getting these calls,’" Dingman said.
Dingman won the case and received $1,000 plus court costs. He said the suit required much effort, but that it was worth it.
"Being retired has the benefit of extra time," Dingman said. "My irritation level had gotten to the point where I had to do something."
Dingman was also, supposedly, taken off See Thru Windows and Doors’ telemarketing lists but on May 20, just three days after the trial, Dingman received another call from the company. He asked for a supervisor.
"I said, ‘You’re probably not aware that I just took your boss to court,’" Dingman said.
He then called Brown, who apologized and gave Dingman his cell phone number, asking him to call if telemarketers from the company ever called again.
"At every step of the process, like when I went to pick up legal forms at the Fairfax County Government Center, people would say, ‘Oh good, go after them,’" Dingman said. "People were so supportive."
For more information about Virginia consumer protection laws, visit www.vdacs.state.va.us/consumer.
Brown declined to comment for this article.