[HN Gopher] I won a suit against a party that sent me an unsolic...
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       I won a suit against a party that sent me an unsolicited text
       message
        
       Author : MrDunham
       Score  : 114 points
       Date   : 2022-07-28 14:39 UTC (2 hours ago)
        
 (HTM) web link (twitter.com)
 (TXT) w3m dump (twitter.com)
        
       | hash872 wrote:
       | I would love to do this, but the few times that I've tried to
       | look up the company, there's no real evidence as to who it is.
       | And I'm fairly sophisticated at that kind of research, I know
       | most of the tricks- however, these companies do successfully hide
       | their identity.
       | 
       | I did, one time, find the _likely_ CEO of one of these companies,
       | and I called his cell phone late on a Friday night to mess with
       | him. However, I didn 't really have 'rises to the level of
       | evidence that you could present in court' type certainty
        
         | 300bps wrote:
         | This part is actually pretty simple.
         | 
         | You simply keep responding that you're interested. Click their
         | link. Fill out their form. Eventually you'll get to a real
         | person at a real company that was benefiting from the illegal
         | spam.
        
         | dweekly wrote:
         | (OP here) In this case the spam text linked to a legit website
         | that clearly belonged to a CA business, which then I was able
         | to find on the CA SoS business search website. I've also found
         | that Terms of Service & Privacy Policy pages usually have a
         | legal address for a company and email for legal concerns.
        
       | thathndude wrote:
       | Lawyer here. I do this kind of work for a client. Good for this
       | guy for taking the fight to the spammers. As we head into
       | election season, a lot of us are going to get unsolicited text
       | messages like this. You too can sue for them!
       | 
       | Some of what was said in the tweets regarding your rights and
       | what you have to do to file a claim are, in my experience and
       | opinion, not correct.
       | 
       | The general idea is right, but some of the asides about the law
       | were simply incorrect.
       | 
       | Depending on your jurisdiction, the way you can pursue a case
       | like this is going to vary, so I'm not going to give any hard and
       | fast rules in this comment.
       | 
       | Just a heads up that if you want to try to replicate this, your
       | steps will probably be different.
       | 
       | Not legal advice :)
        
         | [deleted]
        
         | YeBanKo wrote:
         | He mentioned the exact jurisdiction where it happened. Can you
         | point at least one thing, that is wrong?
        
         | dweekly wrote:
         | OP here. I'm definitely not a lawyer, so apologies for
         | incorrect statements made in the thread. I'd love to learn more
         | about correct framing / case history / rights here to avoid
         | sharing misinformation. If you'd rather provide the feedback
         | privately / off-the-record, my email is david at weekly dot
         | org. Thank you!
        
           | 300bps wrote:
           | The only thing that I noticed was not 100% correct is:
           | 
           |  _5. [..] courts will seize from them what you are owed_
           | 
           | The process to get a court to do this is extremely difficult.
           | It often starts with Debtor Examination followed by filing a
           | bunch of documents to start the seizing process. If the
           | person really doesn't want to pay the judgement though, good
           | luck. For example, during the Debtor Examination they have to
           | answer truthfully under oath where their bank accounts and
           | other property are. And then as soon as the meeting is over
           | they can move to a different bank.
           | 
           | Getting a judgement is the easy part. Collecting it is the
           | hard part.
           | 
           | https://www.nolo.com/legal-encyclopedia/what-is-debtor-
           | exami...
        
       | 1nd1ansumm3r wrote:
       | So you were able to sue, for example Google or Qualtrics because
       | a spammer sent you one of their links? I'm confused on that part.
       | Or did the legit company reveal the identity of the spammer to
       | you? Seems like the case would get tossed because the entity
       | you're suing didn't send the spam? How did that part work? Thanks
        
       | andrewljohnson wrote:
       | To what extent can this be automated? There are apps to fight
       | parking/speeding tickets... could the same be done for little
       | lawsuits to sue spammers?
       | 
       | Maybe a lawyer could comment on feasibility of this.
        
       | throw8383833jj wrote:
       | I think a much easier way would be if we just taxed phone calls
       | at 1 cent each. I mean absolutely everything else is already
       | taxed: you pay taxes just to stay alive. the least that could be
       | done is add a 1 cent tax to each phone call, just enough to stop
       | the mass phone calling.
        
         | encryptluks2 wrote:
         | And then after it was implemented we'd get political reasons
         | why it still isn't implemented. No thanks. I also don't want
         | people legally spamming me for a penny.
        
           | anubiskhan wrote:
           | "Judge in LOCATION blocks new phone tax"
        
         | MarkMarine wrote:
         | These calls are already illegal. There is a Do not call list.
         | The gov has just been completely inept at enforcement, I don't
         | think we need extra tax, just enforce the laws we have.
        
           | hannasanarion wrote:
           | The point is that, if there is a per-call cost that everybody
           | has to pay, it becomes much harder for spammers to justify
           | automatically calling hundreds of thousands of numbers per
           | day, while regular people who make one or two calls a day
           | won't notice.
           | 
           | "enforcing the laws we have" isn't enough because spoofing
           | exists and many of the spammers operate across borders.
        
         | flerchin wrote:
         | Yep, and folks could even have a credit of 500 phone calls a
         | month, or whatever a reasonable number would be, so no cost to
         | consumers at all. Instead of a tax, it should be a minimum
         | charge that goes to the carriers. So that they would be
         | incentivized to collect it.
        
           | aliqot wrote:
           | You and the guy above you are part of a larger problem that
           | we have. Stop doing stuff like this, stop proposing it too.
           | 
           | I don't carry a phone, and find people obsessed with them
           | annoying, but it doesnt mean we should go throwing limits on
           | ourselves out of fear for what others may do to us. TSA was a
           | mistake.
        
             | mrcartmeneses wrote:
             | That escalated quickly
        
         | eli wrote:
         | An impractical and difficult to implement idea that would have
         | terrible unintended consequences.
        
       | tgsovlerkhgsel wrote:
       | In Germany, any company telling you that you won something is
       | required to provide that prize. Unfortunately, the scams I get
       | tend to be from abroad, and/or the actors behind them impossible
       | to identify (and they also often use vague language like
       | "potentially won" or "won one of our prizes" vs. "YOU WON A BRAND
       | NEW TESLA CYBERTRUCK").
        
       | adoxyz wrote:
       | Winning a lawsuit and actually collecting are two different
       | things, and from my experience the legal system does not care at
       | all once they've issued a judgement. It worked out for that
       | person and that's great, but these types of lawsuits tend to take
       | a while to get a hearing, require a bunch of paperwork, and if
       | the other party does not play ball, the odds of you getting any
       | $$ out of it are pretty slim.
        
         | dweekly wrote:
         | (OP here) I'm learning that in this case I was lucky that the
         | party was A: identifiable, B: also in CA, C: responsive to a
         | suit, and D: willing to settle out-of-court (mailed me a
         | check). I hadn't realized that collections of a small claims
         | judgement could be super-involved but apparently I was simply
         | naive on that topic.
        
       | sethjr5rtfgh wrote:
        
       | toddm wrote:
       | Not all heroes wear capes.
        
       | cbron wrote:
       | Has anyone tried this with real estate solicitors ? I get a
       | message per day about selling my house.
        
         | cronix wrote:
         | Only 1? I get at least 6 unsolicited texts and 3-4 phone calls
         | every damn day.
        
           | andrew_ wrote:
           | I get around 60 calls a day, many of them are repeat
           | attempts. T-Mobile's app blocks 99% of them. I get around a
           | dozen texts a day for the real estate nonsense. Messenger
           | does a good job of marking those as spam.
           | 
           | I've tried a number of times to get identifiable information
           | from those folks with little success. Friend of mine went
           | through the process and met with someone on site at the
           | property he was contacted about. He first had to let them
           | send an inspector. The inspector was paid by a proxy which
           | was not linked to the company that wanted to buy the
           | property. The person he met with on site representing the
           | property buyer was a lawyer, and that's who he had to go
           | after. He ended up getting the $1500 after all of that
           | effort, and told me the lawyer laughed and said the cost was
           | just passed onto his client. It was a lot of effort.
        
       | d23 wrote:
       | My only question is around the loophole that political
       | organizations can do this if they aren't using "robotexts". How
       | do they prove this? I've received three texts from an
       | organization I'd like to do this to. Every time they've messaged
       | me, I've responded and asked whether this was a human sending the
       | message. No response.
       | 
       | Maybe I'll just bite the bullet and try.
        
       | devmunchies wrote:
       | If I receive spam message almost daily for 2 years, and I've
       | contacted the platform (competitor to Twilio) and they said they
       | took care of it (nope!), then I assume the platform could be
       | liable too, no?
        
         | [deleted]
        
       | lazzlazzlazz wrote:
       | This only works for the least common kind of a spammer: a real,
       | registered business that you can identify. Most spammers are con
       | artists, scammers, and phishers who know to keep their identities
       | secret, let alone link you to their corporate website.
        
       | wodenokoto wrote:
       | > You're agreeing to not sue them again for the exact same
       | violation.
       | 
       | I hope exact violation means that particular unsolicited text
       | message and not the exact violation of sending unsolicited text
       | messages.
        
         | cdot2 wrote:
         | yes it means the same text message
        
       | jonpurdy wrote:
       | When I lived in Canada, I was very excited when CASL (Canada's
       | Anti-Spam Legislation) came out circa 2013. Having the ability to
       | sue Canadian companies that ignored email opt-outs would have
       | been great. The amounts are limited to $200 per violation, but up
       | to $1 million per day total (in most cases, I'd get a few hundred
       | dollars for 1-3 emails). And very easy to track since I generate
       | unique aliases for each company I interact with.
       | 
       | Unfortunately, the ability for individuals to sue ("private right
       | of action") was delayed in 2017, and delayed once more in 2019,
       | IIRC. Apparently, companies complained that the max $1 million
       | per day could be achieved by sending 5,000 unsolicited emails,
       | which would be too easy to do if there was a mistake in their
       | system or a new sales rep ham-fisted this without realizing the
       | repercussions.
       | 
       | I love to see posts like this though, I'll be sure to attempt
       | this if I ever get SMS spam here in USA.
        
         | game-of-throws wrote:
         | "We are likely to break this law, therefore we shouldn't be
         | punished when it happens"? Classic.
         | 
         | The US has a similar problem with CAN-SPAM. Ordinary citizens
         | cannot sue.[1] All you can do is complain to the FTC, after
         | which of course nothing will happen.
         | 
         | It makes these laws rather toothless if they're not actually
         | enforced.
         | 
         | [1]: https://www.law.cornell.edu/wex/inbox/can-
         | spam_and_consumer_...
        
       | kemayo wrote:
       | Unfortunately, all of the text spam I get is of the scammy
       | misrepresentation variety, and is going to fail on the "identify
       | the other party" step.
       | 
       | Edit: for instance https://imgur.com/D780jAX -- after I naively
       | responded to the first few like this and got their pivot, I
       | started to recognize the style.
        
         | sethjr5rtfgh wrote:
         | I get those as well. Did you find out who's sending them?
        
           | TonyTrapp wrote:
           | There was an article about this phenomenon not too long ago:
           | https://news.ycombinator.com/item?id=31949731
           | 
           | Just a plain old scam attempt.
        
         | splitrocket wrote:
         | If you spend a few minutes and get them on the phone and say "I
         | want to wire you funds right now!", they will give you a bank
         | account.
        
           | eli wrote:
           | Maybe you'd get a bank account but it wouldn't actually be
           | theirs.
        
           | sethjr5rtfgh wrote:
           | Do you know that or are you guessing?
           | 
           | Because my guess is it won't be that simple.
        
             | paulgb wrote:
             | Yeah, my guess is they would say "oh, we can just do an ACH
             | debit and save you the trouble. What's _your_ account
             | number?"
        
       | mistersquid wrote:
       | The punchline is a link in the last tweet of the thread: a non-
       | affiliate link to OP's acquaintance's kit to file a lawsuit of
       | your own. [0]
       | 
       | [0] https://www.isipp.com/how-to-make-phone-and-sms-spammers-
       | pay...
        
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       (page generated 2022-07-28 17:00 UTC)