Note that in EVERY conversation with the Sun Telegram marketing folks, I have asked to
be put on their do-not-call list. As the following will show, the Sun Telegram has
violated the requirements of US Code Title 47 Chapter 5 Section 227, which is available here. In particular,
(c) Protection of subscriber privacy rights
(5) Private right of action: A person who has received more than one telephone call within
any 12-month period by or on behalf of the same entity in violation of the regulations
prescribed under this subsection 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 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 up
to $500 in damages for each such violation, whichever is greater, or
(C) both such actions.
It shall be an affirmative defense in any action brought under this paragraph that the
defendant has established and implemented, with due care, reasonable practices and
procedures to effectively prevent telephone solicitations in violation of the regulations
prescribed under this subsection. If the court finds that the defendant willfully or
knowingly violated 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.
The regulations at 47 CFR §64.1200 implement the above restrictions in the TCPA.
I believe that I can show that the Sun Telegram willfully and knowingly violated the
regulations on multiple occasions.
2000-03-22 Brandy called.
2000-07-18 Alan called. His supervisor is Mike Bonney.
Note that the Sun owes $500 for this call, since it is within one year of the previous call.
2001-07-02 Wayne called. His supervisor is Patty Hernandez.
Note that the Sun owes $500 for this call, since it is within one year of the previous call.
2001-07-02 I called the Sun Telegram legal department at 889-9666. They said that
telemarketing moved to Ontario, and I should get a call back from Mark Trebble or Ben
Vinson. John White, telemarketing supervisor, called back, I am supposedly removed now. I
told him of the "willful" violation aspect, $1500 fine if they call within one
year. He said that on April 2nd the call center was moved to Ontario. I believe that the
"do not call list" did not make the move.
2001-07-05 Beatrice called at 09:50. She would not spell her name, and hung up when I
asked for her supervisor.
Note that the Sun owes $1500 for this call, since we are well into the 'willful' range.
2001-07-05 I called the Sun Telegram legal department at 889-9666 again; apparently this
is actually the circulation department. Mark Trebble is in charge of deliveries. Spoke to
Ben Vinson in charge of circulation. I gave him the story up to this point and offered to
settle for $1000, or we go to small claims court. He refused to pay, and said we need to
file in court.
2002-06-18 Maria called at 16:30. She is at the Ontario call center. I had a long
conversation with her about the failure of the Sun Telegram marketing department to
maintain a do-not-call list. She claimed that my number would be put on that list, but I
don't believe that list exists. Apparently all the supervisors were in a meeting. She took
my number and said a supervisor would call me back to further discuss this. Of course, no
one called back.
Note that the Sun owes $1500 for this call, since we are well into the 'willful' range.
and approaching the harrasement range.
2002-06-18 I called the San Bernardino County District Attorney at 387-8309. The person
who answered the phone suggested calling the BBB and also filing a complaint with the
local sheriff in Twin Peaks. Apparently the complaint will also be forwarded to the
District Attorney.
2002-06-18 I called the BBB at 825-7280, but just got the automated answering service.
They do have a web site here.
2002-06-20 I stopped by the Twin Peaks Sheriff's office and picked up the forms to file in
small claims court. We need the the actual business name of the Sun Telegram, and the
address for the agent for service of process. From the folks that answer their phones, the
actual business name appears to be "CALIFORNIA NEWSPAPER LIMITED PARTNERSHIP"
with offices at 1560 Broadway, Suite 1485, Denver, CO 80202. This data comes from here
on the California State corporate records. We also need their agent for service of
process, which is listed as "CORPORATION SERVICE COMPANY WHICH WILL DO BUSINESS IN
CALIFORNIA AS CSC LAWYERS INCORPORATING SERVICE". Now we find this
which shows a mailing address for this agent at
2711 Centerville RD
Suite 400
Wilmington, DE 19808
and also
2730 Gateway Oaks Drive
Suite 100
Sacramento, CA 95833
However, this shows
an address and phone number for their California office of
2730 Gateway Oaks Drive
Suite 100
Sacramento, CA 95833
Phone: (800) 222-2122
Phone: (916) 563-2100
Fax: (916) 563-2121
2002-10-19 They may also be known as "Los Angeles Newspaper Group" according to
a brochure we picked up at the LA County Fair. This seems to be owned by William D.
Singleton, who purchased the Sun in about 1999 - according to a reporter for the Sun.
2003-11-06 The San Bernardino Sun apparently does not like to have their email rejected.
They seem to want to sue me for refusing to accept their email. Their letter is
here.
2003-11-27 Well, given that they have stated that they will sue me, I have hired
Mr. Butler of Wellborn and Butler to defend myself, and to negotiate the amount
that the San Bernardino Sun will pay for their telemarketing calls.
As of now, it appears that the Sun just started this to drive up my costs.
Their IP address range is 63.147.64.0/22.