[Random-bits] AOL loses suit over telemarketing

[James Love]

Subject: Judgement against AOL... (fwd)
   Date: Wed, 2 Aug 2000 01:20:21 -0400 (EDT)
  From:  David Cassel <destiny@cloud9.net>
    To: James Love <love@cptech.org>

---------- Forwarded message ----------
Date: Tue, 01 Aug 2000 19:37:51 -0700
From: C.A.T.S. <catsbox@jps.net>
To: webmaster@aolwatch.org
Subject: Judgement against AOL...

Thought you'd find this interesting.....


     Judge orders $5,000 penalty against AOL for
                 telemarketing abuse

                      August 1, 2000

Redlands CA - A Mentone California man who filed a
lawsuit against America Online has won the largest
judgement in California history against a telemarketer.

Gerry E. Standefer, 46, filed the lawsuit after receiving
over 15 telemarketing calls from AOL despite the fact that
AOL assured him that he was on AOL's Do-Not-Call list.

On Friday July 28, Judge Raymond Haight III made a preliminary 
ruling that AOL was in violation of the federal
Telephone Consumer Protection Act and thus had to pay
the $500 per call statutory penalty. Although AOL
failed to appear in court, California law still requires that
a plaintiff must prove his case to the court in order to win a
judgement against a defendant. The ruling will not
be official until the judge puts it in writing, which
is expected in about ten days.

Standefer did not use an attorney. Instead he
sought the help of two consumer groups, the Privacy Rights
Clearinghouse and Californians Against Telephone
Solicitation (C.A.T.S.). With the material provided by both
organizations, Standefer was able to win his case
without an attorney.

"They called me over 14 times after I told them to stop
calling me," said Standefer. "But they never called
me once to apologize. I hope they learned their lesson and
leave people alone."

"Its about time" commented Robert Arkow, president and
founder of C.A.T.S. "AOL has refused to release its

Do-Not-Call policy despite the fact that federal law
requires them to do so." Arkow provided the court with a
"Friend of the court" letter in which he documented AOL's
refusal to obey the law as far back as two years ago.

Beth Givens, director of the nonprofit Privacy Rights
Clearinghouse was happy the court ruled as it did.
"It's not often that consumers can make the telemarketing law
work for them," said Givens. "This is a great victory."

AOL has 30 days to appeal the ruling. Phone calls to
AOL's legal department seeking comments were not returned.

Source: Joint press release from C.A.T.S. and the
Privacy  Rights Clearinghouse.

--
Robert Arkow
Founder: Californians Against Telephone Solicitations (C.A.T.S.)
http://www.stopjunkcalls.com