I have been Crammed

[Mister Darcy]

What is the name of your state? Connecticut

Cramming is a term for having unwanted text messages sent to your cellphone and being billed for them. This started about 3 months ago. I started noticing a charge of $9.99 for a download every month. I have never signed up for any such service and don't recall ever giving my cellphone number to anyone on-line.

I have tracked down the company which is doing this to me and have their full corportate address in California. Now I want retribution.

Having perused the federal communications act of 1934 (47 U.S.C 227(b)), it looks like it is illegal for anyone to do this and the penalty is $500 per incident or $1500 if the judge determines that it was done willfully. I could use the money.

My questions:

1. Would I have a valid case?

2. Since this is a federal law, would I have to file in federal court?

3. Would I file against the company doing this? Their aggregator (the internet company that actually sends the messages and handles billing for them)? Both?

4. Which jurisdiction would I file in if I am in Connecticut, the company is in California, and the aggregator is in Massachusetts?

5. Would I have the burden of proving that I did not authorize this or would the company have the burden of proving that I did?

6. If a class acton suit currently exists, am I out of luck?

 

[Happy Trails]

What is the name of your state? Connecticut

Cramming is a term for having unwanted text messages sent to your cellphone and being billed for them. This started about 3 months ago. I started noticing a charge of $9.99 for a download every month. I have never signed up for any such service and don't recall ever giving my cellphone number to anyone on-line.

I have tracked down the company which is doing this to me and have their full corportate address in California. Now I want retribution.

Having perused the federal communications act of 1934 (47 U.S.C 227(b)), it looks like it is illegal for anyone to do this and the penalty is $500 per incident or $1500 if the judge determines that it was done willfully. I could use the money.

My questions:

1. Would I have a valid case?

2. Since this is a federal law, would I have to file in federal court?

3. Would I file against the company doing this? Their aggregator (the internet company that actually sends the messages and handles billing for them)? Both?

4. Which jurisdiction would I file in if I am in Connecticut, the company is in California, and the aggregator is in Massachusetts?

5. Would I have the burden of proving that I did not authorize this or would the company have the burden of proving that I did?

6. If a class acton suit currently exists, am I out of luck?

This is the first time I have heard about this with cell phones. (So stand by as others may have more ideas.)

Below I have posted some information links on what precautions a person should take to avoid gettin "crammed" and what procedure a person can take if they have discovered that they have been.

I don't think you have a lawsuit, unless you suffered a large financial loss. You most likely will get the $30.00 you were illegally charged.

http://www.legalmatch.com/law-library/article/cramming.html

http://www.ehow.com/how_15888_protect-yourself-slammed.html

http://www.sierragold.com/newsroom/html/crammed.pdf#search='what%20do%20you%20do%20if%20you%27ve%20been%20crammed'

http://www.tdstelecom.com/cust_serv/customer_bill_of_rights.asp#8

 

[Mister Darcy]

Thanks for your reply, Happy Trails. I was hoping that I could get rich beyond my wildest dreams, but maybe not. Darn it.