- Report: #882078
Complaint Review: Home Savers Foundation Repair - Dallas Texas
Reported By:
David -
North Richland Hills, Texas, United States of America
Submitted:
Updated:
-
Author Not Confirmed
Why?
Home Savers Foundation Repair
15950 Dallas Pkwy, STE 400 Dallas, 75248 Texas, United States of America
Phone:
(214) 828-7150
Web:
http://www.dallashsfoundationrepair.com/
Categories:
Business Rating:
(0)
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Home Savers Foundation Repair Cary Spector Illegal telemarketing practices , scam artists Dallas, Texas
Formal Demand Letter
Cary Spector
President of Home Savers Foundation
Repair
Home Savers Foundation Repair
15950 Dallas Pkwy, STE 400
Dallas, TX 75248
Dear Mr. Spector:
On May 10, 2012 at approximately 5:19 pm, I received a call from a live telemarketer who identified herself only as "Sue" for Home Savers Foundation Repair in Dallas .I advised her that I( My Phone Number ) was on the National Do Not Call Registry and I asked to be put on their DNC (Do Not Call) list. She read my number back to me and said she would put it on the DNC list. I was not given a contact phone number or adress . I will refer to this as the First Call
On May 11 , 2012 at approximately 12:17 am. I then sent an E-mail to Deborah Tate letting your company know that my phone number was on the National Do Not Call Registry and you have violated the National Do Not Call Registry .
I will attach the copy of the E-mail I sent . I called Deborah Tate at approximately 10:00 am to confirm that your company has received the e-mail and she said she has received it . I will refer to this as my first e-mail
On May 11, 2012 at approximately 11:54 am, I sent an E-mail to Deborah Tate serving as my formal Notice to put me on your Do Not Call List and my formal request for a copy of your Do Not Call Policy .I will attach the copy of the E-mail I sent . I called Deborah Tate at approximately 12:05 pm to confirm that your company has received the e-mail and she said she has received it . I will refer to this as my second e-mail
On May 11, 2012 at approximately 2:22 pm, I received a call from a live telemarketer who identified herself only as "Sue" for Home Savers Foundation Repair in Dallas .I advised her that I( My Phone Number ) was on the National Do Not Call Registry and I asked to be put on their DNC (Do Not Call) list. She read my number back to me and said she would put it on the DNC list. I was not given a contact phone number or adress . I will refer to this as the second call.
On May 11, 2012 at approximately 3:22 pm, I sent an E-mail to Deborah Tate to let your company know you have violated the National Do Not Call Registry and my formal request to put my phone number on your do not call list for the second time. I will attach the copy of the E-mail I sent .I will refer to this as my third e-mail
On May 11, 2012 at approximately 4:40 pm , I received a call from a live telemarketer who identified herself only as "Jon" for Home Savers Foundation Repair in Dallas .I advised him that I( My Phone Number ) was on the National Do Not Call Registry and I asked to be put on their DNC (Do Not Call) list. He read my number back to me and said He would put it on the DNC list. I was not given a contact phone number or address .I will refer to this as the third call.
On May 11, 2012 at approximately 4:48 pm, I sent an E-mail to Deborah Tate to [email protected]
to let your company know you have violated the National Do Not Call Registry and my formal request to put my phone number on your do not call list for the third time. I will attach the copy of the E-mail I sent .I will refer to this
as my forth e-mail.
On May 11, 2012 at approximately 5:45 pm, I received two E-mails from Deborah Tate .The first E-mail was basically a admission of guilt saying that your company did make these phone calls and you have violated the National Do Not
Call Registry and the TCPA by calling me . The second E-mail was a copy of your Do Not Call Policy . I will attach the copy of the E-mails I received.
On May 11, 2012 at approximately 6:46 pm , I received a call from a live telemarketer who identified herself only as
"Jon" for Home Savers Foundation Repair in Dallas .I advised him that I( My Phone Number ) was on the National Do Not Call Registry and I asked to be put on their DNC (Do Not Call) list. He read my number back to me and said He would put it on the DNC list. I was not given a contact phone number or address .I will refer to this as the forth call.
On May 11, 2012 at approximately 7:03 pm , I received a call from a live telemarketer who identified herself only as "Sue" for Home Savers Foundation Repair in Dallas .I advised her that I( My Phone Number ) was on the National Do Not Call Registry and I asked to be put on their DNC (Do Not Call) list. She read my number back to me and said She would put it on the DNC list. I was not given a contact phone number or address .I will refer to this as the fifth call.
On May 12, 2012 at approximately 1:13 am, I sent an E-mail to Deborah Tate to let your company know you have violated the National Do Not Call Registry and my formal request to put my phone number on your do not call list for the forth and fifth time. I will attach the copy of the E-mail I sent .I will refer to this as my fifth e-mail.
I count the following violations according to 47 CFR 64.1200 Subpart L:
1. First Call: I was not given a contact telephone number or address
64.1200(e)(2)(iv)
2. First Call: My number was not added to the DNC list
64.1200(e)(2)(iii)
3. First Call: Failure to honor DNC request
64.1200(e)(2)(vi)
4. Second Call: My number was still not added to DNC list
64.1200(e)(2)(iii)
5. Second Call: Failure to honor DNC request
64.1200(e)(2)(vi)
6. Third Call: Failure to honor DNC request
64.1200(e)(2)(vi)
7. Third Call: My number was still not added to DNC list
64.1200(e)(2)(iii)
8. Forth Call: My number was still not added to the DNC list
64.1200(e)(2)(iii)
9. Forth Call: Failure to honor DNC request
64.1200(e)(2)(vi)
10. Fifth Call: Failure to honor DNC request
64.1200(e)(2)(vi)
11. Fifth Call: My number was still not added to DNC list
64.1200(e)(2)(iii)
No prior business relationship existed between Home Savers Foundation Repair and myself, and I never gave consent to be called.
The TCPA establishes a private right of action for telephone subscribers who receive such calls. 227(b)(3) of the TCPA provides:
"(3) PRIVATE RIGHT OF ACTION.--A person or entity may, if otherwise permitted by the laws or rules of court of a State, bring in an appropriate court of that State--
(A) an action based on a violation of this subsection or the regulations prescribed under this subsection to enjoin such violation,
(B) an action to recover for actual monetary loss from such a violation, or to receive $500 in damages for each such violation, WHICHEVER IS GREATER, or
(C) both such actions.
If the court finds that the defendant willfully or knowingly violated this subsection or the regulations prescribed under this subsection, the court may, in its discretion, increase the amount of the award to an amount equal to not more than 3 times the amount available under subparagraph (B) of this paragraph." [emphasis added]
The term "willful"as defined in the Communications Act 312(f), does not require an intent to violate the law, only an intent to commit or omit the act in question. Given Home Savers Foundation Repair knowledge of the problem that I was Having with these phone calls( In the acknowledgement by Deborah Tate that she did receive my first e-mail I sent) , I am confident that I can demonstrate that violation numbers 4-11 was willfully and/or knowingly committed, if not all of the violations. I intend to file in court for $500 for each violation, and I will press for treble damages for violation numbers 4-11,
based on the fact that Home Savers Foundation Repair knowingly/willfully kept making the phone calls after I notified you in my first e-mail . This brings the amount to a total of $13,500.
In the event that you would prefer to resolve this matter without court fines and attorney's fees, you may remit the sum of $6,750 to the address above. In exchange, I will forgive the violations that occurred on or before today, May 13, 2012, with the stipulation that my Do Not Call Requests remain entered in your system. If I have not heard from you by 5:00 pm on May 28, 2012, I will initiate a civil procedure, and my offer of settlement will be withdrawn. Thank you for your attention in this matter.
Sincerely,
David
Here are the Copies of the e-mails :
First E-mail :
Dear Deborah Tate,
My phone number XXX-XXX-XXXX was registered with the National Do Not Call Registry on 3-24-2012. On 5-10-2012 at 5:19 PM Central Standard Time , I recieved a phone call from a Telemarketing Company representing your company. I have already filed a complaint with the National Do Not Call Registry(Federal Trade Commission: the fine for 1 violation is $20,000 USA Dollars ) and will file more complaints (criminal and civil ) with the appropriate authorities . I am also going to file a law suit against your company for your violation of the National Do Not Call Registry .To advoid all of this ,I am open to settle out of court if you are willing to do so . I think that would be in your best interest to do so. I will call your company tommorow to discuss this matter.
Second E-mail :
Dear Deborah Tate,
This is your formal Notice to put me on your Do not call List and my Formal Request for a copy of your Do Not Call Policy . Under The Telephone Consumer Protection Act (TCPA) which says :
The TCPA requires each company, with the exception of those making nonprofit solicitations, to maintain a list of those people who do not wish to be contacted by phone and to develop a written policy implementing this "Do not call" list-keeping requirement. These written procedures must be made available to anyone on demand.
"Do not call" lists must be maintained for a period of 10 years and cannot be sold, or in any way shared (except with a
subsidiary or affiliate company), without the consumer's expressed consent.
If you do not provide me with a written copy of your Do Not Call Policy , I can legaly sue you in court for $500 up to $1500 according to The Telephone Consumer Protection Act (TCPA) .
Please respond ASAP .
Third E-mail :
Dear Deborah Tate,
I just now recieved another telemarketing phone call from your company at 2:22 pm Central Standard Time on 5/11/2012 . I have sent you a formal notice to put me on Your Do Not Call List and have requested a copy of your companys Do Not Call Policy at 11:54 Am Central Standard Time on 5/11/2012 . This is your second time violating the National Do Not Call Registry . I have filed another complaint against you with the National Do Not Call Registry . I am also calling the police to file harrassment charges against your company . I AM ALSO GOING TO SUE YOUR COMPANY IN COURT !!!!!PLEASE STOP CALLING ME !!
Forth E-mail :
Dear Deborah Tate,
I just now recieved yet another telemarketing phone call from your company at 4:40 pm Central Standard Time on 5/11/2012 . I have sent you a formal notice to put me on Your Do Not Call List and have requested a copy of your companys Do Not Call Policy at 11:54 Am Central Standard Time on 5/11/2012 . This is your third time violating the National Do Not Call Registry . I have filed another complaint against you with the National Do Not Call Registry . I am also calling the police to file harrassment charges against your company . I AM ALSO GOING TO SUE YOUR COMPANY IN COURT !!!!!PLEASE STOP CALLING ME !!!!
Your Response E-mail :
First of all we sincerely apologize for these calls, please keep in mind that it can take days to get the number out of the system. We clean our lists through the do not call lists to make sure we do not call people who do not wish to be called. Please email me back if you get called again with the caller I.D. of the number you were called from. Again, we do not intentionally call people on the do not call list. We are worried that something unusual is going on as you are the second call like this today. Please email us back to let us know if you are willing to tell us the phone number that you were called
from. We suspect it may not have been from us. If you will provide us with your phone number we will add it to our do not call list. If you are not comfortable giving out your phone number we can certainly understand.
Thank you in advance for your help.
Sincerely
Deborah Tate
Home Savers Foundation Repair
dallashsfoundationrepair.com
877-590-2488 off
214-828-7150 off
214-853-5515 fax
Fifth E-mail :
Dear Deborah Tate,
I just now recieved two more telemarketing phone calls from your company at 6:46 pm Central Standard Time and 7:03 pm Central Standard Time on 5/11/2012 . I have sent you a formal notice to put me on Your Do Not Call List 11:54 Am
Central Standard Time on 5/11/2012 . This is your 4th and 5th time violating the National Do Not Call Registry . I have filed 2 more complaints against you with the National Do Not Call Registry. I do not care if it takes days to get my
number out of your system . By law and your Do Not Call Policy that you e-mailed me , If I tell you to stop calling me and put my number on your Do Not Call List ( Which I have done so 5 times already ) YOU CAN NOT CALL ME EVER !!!!
YOU HAVE VIOLATED THE LAW AND YOUR DO NOT CALL POLICY 5 TIMES . I HAVE TOLD YOU WHAT MY PHONE NUMBER IS IN MY FIRST E-MAIL I SENT YOU I AM GOING TO SUE YOU IN COURT !!!! I WILL ASK FOR THE MAXIMUM CIVIL PENTALITY BY LAW . SINCE YOU HAVE VIOLATED THE LAW , I WILL SUE YOU FOR ( 5
VIOLATIONS * $1,500 ) = $7,500 .
LIKE I SAID IN MY FIRST E-MAIL , I AM WILLING TO SETTLE OUT OF COURT IF YOU WILL GIVE ME A REASONABLE SETTLEMENT OFFER . OTHERWISE, I WILL JUST SUE YOU AND GET $7,500
Cary Spector
President of Home Savers Foundation
Repair
Home Savers Foundation Repair
15950 Dallas Pkwy, STE 400
Dallas, TX 75248
Dear Mr. Spector:
On May 10, 2012 at approximately 5:19 pm, I received a call from a live telemarketer who identified herself only as "Sue" for Home Savers Foundation Repair in Dallas .I advised her that I( My Phone Number ) was on the National Do Not Call Registry and I asked to be put on their DNC (Do Not Call) list. She read my number back to me and said she would put it on the DNC list. I was not given a contact phone number or adress . I will refer to this as the First Call
On May 11 , 2012 at approximately 12:17 am. I then sent an E-mail to Deborah Tate letting your company know that my phone number was on the National Do Not Call Registry and you have violated the National Do Not Call Registry .
I will attach the copy of the E-mail I sent . I called Deborah Tate at approximately 10:00 am to confirm that your company has received the e-mail and she said she has received it . I will refer to this as my first e-mail
On May 11, 2012 at approximately 11:54 am, I sent an E-mail to Deborah Tate serving as my formal Notice to put me on your Do Not Call List and my formal request for a copy of your Do Not Call Policy .I will attach the copy of the E-mail I sent . I called Deborah Tate at approximately 12:05 pm to confirm that your company has received the e-mail and she said she has received it . I will refer to this as my second e-mail
On May 11, 2012 at approximately 2:22 pm, I received a call from a live telemarketer who identified herself only as "Sue" for Home Savers Foundation Repair in Dallas .I advised her that I( My Phone Number ) was on the National Do Not Call Registry and I asked to be put on their DNC (Do Not Call) list. She read my number back to me and said she would put it on the DNC list. I was not given a contact phone number or adress . I will refer to this as the second call.
On May 11, 2012 at approximately 3:22 pm, I sent an E-mail to Deborah Tate to let your company know you have violated the National Do Not Call Registry and my formal request to put my phone number on your do not call list for the second time. I will attach the copy of the E-mail I sent .I will refer to this as my third e-mail
On May 11, 2012 at approximately 4:40 pm , I received a call from a live telemarketer who identified herself only as "Jon" for Home Savers Foundation Repair in Dallas .I advised him that I( My Phone Number ) was on the National Do Not Call Registry and I asked to be put on their DNC (Do Not Call) list. He read my number back to me and said He would put it on the DNC list. I was not given a contact phone number or address .I will refer to this as the third call.
On May 11, 2012 at approximately 4:48 pm, I sent an E-mail to Deborah Tate to [email protected]
to let your company know you have violated the National Do Not Call Registry and my formal request to put my phone number on your do not call list for the third time. I will attach the copy of the E-mail I sent .I will refer to this
as my forth e-mail.
On May 11, 2012 at approximately 5:45 pm, I received two E-mails from Deborah Tate .The first E-mail was basically a admission of guilt saying that your company did make these phone calls and you have violated the National Do Not
Call Registry and the TCPA by calling me . The second E-mail was a copy of your Do Not Call Policy . I will attach the copy of the E-mails I received.
On May 11, 2012 at approximately 6:46 pm , I received a call from a live telemarketer who identified herself only as
"Jon" for Home Savers Foundation Repair in Dallas .I advised him that I( My Phone Number ) was on the National Do Not Call Registry and I asked to be put on their DNC (Do Not Call) list. He read my number back to me and said He would put it on the DNC list. I was not given a contact phone number or address .I will refer to this as the forth call.
On May 11, 2012 at approximately 7:03 pm , I received a call from a live telemarketer who identified herself only as "Sue" for Home Savers Foundation Repair in Dallas .I advised her that I( My Phone Number ) was on the National Do Not Call Registry and I asked to be put on their DNC (Do Not Call) list. She read my number back to me and said She would put it on the DNC list. I was not given a contact phone number or address .I will refer to this as the fifth call.
On May 12, 2012 at approximately 1:13 am, I sent an E-mail to Deborah Tate to let your company know you have violated the National Do Not Call Registry and my formal request to put my phone number on your do not call list for the forth and fifth time. I will attach the copy of the E-mail I sent .I will refer to this as my fifth e-mail.
I count the following violations according to 47 CFR 64.1200 Subpart L:
1. First Call: I was not given a contact telephone number or address
64.1200(e)(2)(iv)
2. First Call: My number was not added to the DNC list
64.1200(e)(2)(iii)
3. First Call: Failure to honor DNC request
64.1200(e)(2)(vi)
4. Second Call: My number was still not added to DNC list
64.1200(e)(2)(iii)
5. Second Call: Failure to honor DNC request
64.1200(e)(2)(vi)
6. Third Call: Failure to honor DNC request
64.1200(e)(2)(vi)
7. Third Call: My number was still not added to DNC list
64.1200(e)(2)(iii)
8. Forth Call: My number was still not added to the DNC list
64.1200(e)(2)(iii)
9. Forth Call: Failure to honor DNC request
64.1200(e)(2)(vi)
10. Fifth Call: Failure to honor DNC request
64.1200(e)(2)(vi)
11. Fifth Call: My number was still not added to DNC list
64.1200(e)(2)(iii)
No prior business relationship existed between Home Savers Foundation Repair and myself, and I never gave consent to be called.
The TCPA establishes a private right of action for telephone subscribers who receive such calls. 227(b)(3) of the TCPA provides:
"(3) PRIVATE RIGHT OF ACTION.--A person or entity may, if otherwise permitted by the laws or rules of court of a State, bring in an appropriate court of that State--
(A) an action based on a violation of this subsection or the regulations prescribed under this subsection to enjoin such violation,
(B) an action to recover for actual monetary loss from such a violation, or to receive $500 in damages for each such violation, WHICHEVER IS GREATER, or
(C) both such actions.
If the court finds that the defendant willfully or knowingly violated this subsection or the regulations prescribed under this subsection, the court may, in its discretion, increase the amount of the award to an amount equal to not more than 3 times the amount available under subparagraph (B) of this paragraph." [emphasis added]
The term "willful"as defined in the Communications Act 312(f), does not require an intent to violate the law, only an intent to commit or omit the act in question. Given Home Savers Foundation Repair knowledge of the problem that I was Having with these phone calls( In the acknowledgement by Deborah Tate that she did receive my first e-mail I sent) , I am confident that I can demonstrate that violation numbers 4-11 was willfully and/or knowingly committed, if not all of the violations. I intend to file in court for $500 for each violation, and I will press for treble damages for violation numbers 4-11,
based on the fact that Home Savers Foundation Repair knowingly/willfully kept making the phone calls after I notified you in my first e-mail . This brings the amount to a total of $13,500.
In the event that you would prefer to resolve this matter without court fines and attorney's fees, you may remit the sum of $6,750 to the address above. In exchange, I will forgive the violations that occurred on or before today, May 13, 2012, with the stipulation that my Do Not Call Requests remain entered in your system. If I have not heard from you by 5:00 pm on May 28, 2012, I will initiate a civil procedure, and my offer of settlement will be withdrawn. Thank you for your attention in this matter.
Sincerely,
David
Here are the Copies of the e-mails :
First E-mail :
Dear Deborah Tate,
My phone number XXX-XXX-XXXX was registered with the National Do Not Call Registry on 3-24-2012. On 5-10-2012 at 5:19 PM Central Standard Time , I recieved a phone call from a Telemarketing Company representing your company. I have already filed a complaint with the National Do Not Call Registry(Federal Trade Commission: the fine for 1 violation is $20,000 USA Dollars ) and will file more complaints (criminal and civil ) with the appropriate authorities . I am also going to file a law suit against your company for your violation of the National Do Not Call Registry .To advoid all of this ,I am open to settle out of court if you are willing to do so . I think that would be in your best interest to do so. I will call your company tommorow to discuss this matter.
Second E-mail :
Dear Deborah Tate,
This is your formal Notice to put me on your Do not call List and my Formal Request for a copy of your Do Not Call Policy . Under The Telephone Consumer Protection Act (TCPA) which says :
The TCPA requires each company, with the exception of those making nonprofit solicitations, to maintain a list of those people who do not wish to be contacted by phone and to develop a written policy implementing this "Do not call" list-keeping requirement. These written procedures must be made available to anyone on demand.
"Do not call" lists must be maintained for a period of 10 years and cannot be sold, or in any way shared (except with a
subsidiary or affiliate company), without the consumer's expressed consent.
If you do not provide me with a written copy of your Do Not Call Policy , I can legaly sue you in court for $500 up to $1500 according to The Telephone Consumer Protection Act (TCPA) .
Please respond ASAP .
Third E-mail :
Dear Deborah Tate,
I just now recieved another telemarketing phone call from your company at 2:22 pm Central Standard Time on 5/11/2012 . I have sent you a formal notice to put me on Your Do Not Call List and have requested a copy of your companys Do Not Call Policy at 11:54 Am Central Standard Time on 5/11/2012 . This is your second time violating the National Do Not Call Registry . I have filed another complaint against you with the National Do Not Call Registry . I am also calling the police to file harrassment charges against your company . I AM ALSO GOING TO SUE YOUR COMPANY IN COURT !!!!!PLEASE STOP CALLING ME !!
Forth E-mail :
Dear Deborah Tate,
I just now recieved yet another telemarketing phone call from your company at 4:40 pm Central Standard Time on 5/11/2012 . I have sent you a formal notice to put me on Your Do Not Call List and have requested a copy of your companys Do Not Call Policy at 11:54 Am Central Standard Time on 5/11/2012 . This is your third time violating the National Do Not Call Registry . I have filed another complaint against you with the National Do Not Call Registry . I am also calling the police to file harrassment charges against your company . I AM ALSO GOING TO SUE YOUR COMPANY IN COURT !!!!!PLEASE STOP CALLING ME !!!!
Your Response E-mail :
First of all we sincerely apologize for these calls, please keep in mind that it can take days to get the number out of the system. We clean our lists through the do not call lists to make sure we do not call people who do not wish to be called. Please email me back if you get called again with the caller I.D. of the number you were called from. Again, we do not intentionally call people on the do not call list. We are worried that something unusual is going on as you are the second call like this today. Please email us back to let us know if you are willing to tell us the phone number that you were called
from. We suspect it may not have been from us. If you will provide us with your phone number we will add it to our do not call list. If you are not comfortable giving out your phone number we can certainly understand.
Thank you in advance for your help.
Sincerely
Deborah Tate
Home Savers Foundation Repair
dallashsfoundationrepair.com
877-590-2488 off
214-828-7150 off
214-853-5515 fax
Fifth E-mail :
Dear Deborah Tate,
I just now recieved two more telemarketing phone calls from your company at 6:46 pm Central Standard Time and 7:03 pm Central Standard Time on 5/11/2012 . I have sent you a formal notice to put me on Your Do Not Call List 11:54 Am
Central Standard Time on 5/11/2012 . This is your 4th and 5th time violating the National Do Not Call Registry . I have filed 2 more complaints against you with the National Do Not Call Registry. I do not care if it takes days to get my
number out of your system . By law and your Do Not Call Policy that you e-mailed me , If I tell you to stop calling me and put my number on your Do Not Call List ( Which I have done so 5 times already ) YOU CAN NOT CALL ME EVER !!!!
YOU HAVE VIOLATED THE LAW AND YOUR DO NOT CALL POLICY 5 TIMES . I HAVE TOLD YOU WHAT MY PHONE NUMBER IS IN MY FIRST E-MAIL I SENT YOU I AM GOING TO SUE YOU IN COURT !!!! I WILL ASK FOR THE MAXIMUM CIVIL PENTALITY BY LAW . SINCE YOU HAVE VIOLATED THE LAW , I WILL SUE YOU FOR ( 5
VIOLATIONS * $1,500 ) = $7,500 .
LIKE I SAID IN MY FIRST E-MAIL , I AM WILLING TO SETTLE OUT OF COURT IF YOU WILL GIVE ME A REASONABLE SETTLEMENT OFFER . OTHERWISE, I WILL JUST SUE YOU AND GET $7,500
