- Report: #265345
Report - Rebuttal - Arbitrate
Complaint Review: Gevalia Kaffe
Gevalia KaffeHolmparken Square; PO Box 6276 Dover, Delaware U.S.A.
Gevalia Kaffe Violation of the Federal DO NOT CALL list Ripoff Dover Delaware
*Author of original report: Address and Phone for anyone who needs
*Author of original report: Update - Settlement
*Author of original report: Update - Got a call from their attorney
*Author of original report: Violation of the Federal Do Not Call List
*Author of original report: Violation of the Federal DO NOT CALL list.
Gevalia is an organized business that sells coffee products.
Gevalia is NOT a charity
Gevalia is NOT a political organization
Gevalia is NOT a non-profit
I have NOT previously contacted Gevalia for any reason, as I do not drink coffee. Therefire, I do NOT have an existing relationship with Gevalia. Therefore, Gevalia does not meet any of the exemptions listed within the Telemarketing Sales Rule.
The Telemarketing Sales Rule prohibits telemarketers from calling a number listed on the Federal DO NOT CALL list. Gevalia has violated the rule 14 times [EXHIBIT C] by calling me.
The Telemarketing Sales Rule prohibits telemarketers from calling a person who has asked not to get telemarketing calls. Gevalia called me ten more times after I asked not to be called on the 4th call. Further, when I asked not to be called, "Miranda" insisted that I had to provide my name and address in order for them to add me to their "do not call" list. There is no legal obligation for anyone to provide name and address in order to ask not to be called.
The Telemarketing Sales Rule prohibits telemarketers from failing to transmit Caller ID information. Gevalia transmitted only partial information. The phone number was clear, but the name was shown as unavailable. I did a GOOGLE search and discovered the phone number belonged to Gevalia.
The Telemarketing Sales Rule prohibits telemarketers from calling a consumer who has asked not to be called again. I received ten calls since June 27, 2007, when I asked not to be called.
I have filed a lawsuit in the local district court where I live, but the court clerk claimed "no jurisdiction" because Gevalia is not in my state. I found out that I *can* claim jurisdiction, as my state has a law that says I can. Using that law, I got the court clerk to accept my filing.
On July 30, I served Gevalia notice via registered letter, using the address of "Holmparken Square" and the PO Box I found on the internet. However, when I got the "return receipt," the signature does not appear to be a Gevalia individual. Therefore, the judge (court date September 25) may throw it out of court. I am going to try to contact the Kent County (Dover, DE) Sherrif's office to see if I can get them to "serve notice."
The Federal Law allows me to claim damages of $12,000 (14 violations of calling me X $500 per violation, plus the last ten calls are a double violation of calling me after I had asked not to be called X $500); but my state only allows $4,000 on a "small claims" unless I use an attorney.
This report was posted on Ripoff Report on 08/05/2007 09:20 AM and is a permanent record located here: http://www.ripoffreport.com/r/Gevalia-Kaffe/Dover-Delaware-19905/Gevalia-Kaffe-Violation-of-the-Federal-DO-NOT-CALL-list-Ripoff-Dover-Delaware-265345. The posting time indicated is Arizona local time. Arizona does not observe daylight savings so the post time may be Mountain or Pacific depending on the time of year.
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