But Diversified Consultants, Inc., the company behind the robocalls to Waite’s cell phone, said hers was a case of human error.
“We keep records of everything, and although there is human error, we do our best every single day to make sure things like that do not happen,” said Gordon Beck, the COO of Diversified Consultants, Inc.
Beck admits there are mistakes, but said it’s hard to tell between landline numbers and cell phone numbers. Wrong number calls often stem from cell phone numbers being recycled from person to person, he said, but they are a tiny fraction of the total calls.
“We make anywhere from 1 to 1.3 million calls a day,” he said.
And Waite was not an isolated case. There have been reports of people around the country complaining about the same issue from hundreds of other robocalling companies.
“There are thousands of people just in the state of Florida,” Howard said. “There are hundreds of thousands of people who are going through this exact same thing, and they just don’t know their rights.”
But even when those badgering calls do get the right number, the calls to cell phones are still illegal under the federal law once the recipient asks for them to stop, and suing robocalling companies for unwanted solicitations has become more popular.
“A lot of people are learning that the TCPA is a cash cow for lawsuits and the statute of limitations is not 12 months,” Beck said. “These go back to when collection agencies had no idea we were involved in the TCPA.”
He argues that the TCPA, which has been on the books since 1991, is anachronistic, and that calling cell phones should be permitted since more and more people are giving up their landlines.
As for Heather Waite, she and her family are suing Diversified Consultants for the unwanted calls to her cell phone, and are hoping to turn this annoying experience into extra money.
“That feels great and now to find out you can get $500-$1,500 per phone call, well, we’re both excited,” said Patricia Waite.