What do I do about Duke Energy. We want to sue them for
This discussion thread was locked as off-topic by littlemissmartypants (a host of the North Carolina group).
violating the Telephone Consumer Protection Act 47 U.S.C. § 227
SEC. 227. [47 U.S.C. 227] RESTRICTIONS ON THE USE OF TELEPHONE EQUIPMENT
I can go to Small Claims Court or get an attorney and file in District Court.
Here's the story:
Late last year, my wife received a text message telling her she owed money on an account we do not have, at an address we have never lived at, for an amount of money we did not owe, even though her phone number has never been provided to Duke and she has never had an account with Duke.
I called Duke customer no-service and complained. The rep found the account although we had no account number in the message had only a partial address. After he finished "fixing it", he asked if there was anything else and I said "are you sure you fixed it". He nastily replied "I told you I did".
In March, a new text message came. Same address. Different amount of money. I filed a complaint with NC Dept of Justice. They forwarded it to NC Utilities Commission (NCUC) who contacted Duke. Then I called the NCUC and a supervisor said he would call Duke. I got a call from a Duke rep who was clueless about the issue and I had to explain what the problem was. She said she "fixed it". I told her I wanted something in writing from a Duke Executive or attorney assuring me it would not happen and compensation for TCPA violations. She assured me about the letter but ignored the compensation issue.
In April, yet another text message. I got a hold of NCUC and they contacted Duke and sent me a copy of Duke's answer. The rep said she had removed the number "but it came back again". Right!
I wrote to Duke CEO demanding an apology and $500/incident (minimum allowed by TCPA for compensation). A month later I received a letter from head of Customer Service agreeing to give me $1500 "to avoid litigation" if I signed a contract never to tell anyone what happened. In addition they denied EVERYTHING even though I had a copy of the email from Duke to the NCUC admitting it. I wrote back immediately that these two conditions were unacceptable as I wanted an apology and no denying me the right to mention it to family and friends.
It has been over a month and no further answer from Duke. So
1) Should I file in Small Claims Court?
2) Should a hire an attorney and file in District Court?
Likely, the latter will cost more but I believe an attorney could recover more from them as the maximum allowed by TCPA is $1500/incident and I had told Duke they violated the state law re harassment of seniors because my wife was very upset and concerned about these messages. She is 78.
I don't care if the attorney's fee leaves me with no money as we had intended to donate anything we received to charity but I want Duke to pay for what they did.
Suggestions? Advice?
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