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(The Newspaper)   Hello, your vehicle was photographed passing through a red light. Press 1 to pay your bill. Press 2 to sue us for robocalling your cell phone   (thenewspaper.com ) divider line
    More: Interesting, Redflex, civil infraction, statutory damages, TCPA, class-action, summary offence, Creditwatch Services  
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2781 clicks; posted to Business » on 05 Feb 2014 at 1:02 PM (2 years ago)   |   Favorite    |   share:  Share on Twitter share via Email Share on Facebook   more»



22 Comments   (+0 »)
   
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2014-02-05 01:09:00 PM  
My cell number is known to three people and my bank. If I do get a robocall I'm suing someone.
 
2014-02-05 01:14:55 PM  
mmm, justice.
 
2014-02-05 01:18:24 PM  

wildcardjack: My cell number is known to three people and my bank. If I do get a robocall I'm suing someone.


I don't give out my number to anyone. Unfortunately the idiot who had the number before me apparently signed up for literally everything under the sun.
 
2014-02-05 01:54:39 PM  
A proper, legal traffic ticket is you have 1 year to dispute, once you are properly notified(cop at you car or registered mail ticket).

If the government give you a dispute court date that is 1 year and 1 day after notification, ticket is thrown out.

Don't dispute a ticket and if you don't pay by the 1 year notification date, proper legal action would be a cop showing up to you and taking you down to jail to pay or get your court date.

If the government does not chase you down to pay after the one year, consider 2 years for the ticket to be thrown out, due to delay of due process.

/And in this articles case, it looks like it might be a issued ticket that you never had to pay in the first place.
//Delay of due process is fun to challenge. An automated ticket that took 1 month to show up? Delay of due process and bye bye ticket.
///delay of a ticket is never excused by "well we only send out bills/tickets once a month so pay it or be punished".
 
2014-02-05 02:02:20 PM  

To The Escape Zeppelin!: wildcardjack: My cell number is known to three people and my bank. If I do get a robocall I'm suing someone.

I don't give out my number to anyone. Unfortunately the idiot who had the number before me apparently signed up for literally everything under the sun.


I do not know how this happens but usually three or four times a month usually within a day or two I will get calls where people are trying to call a physical rehab facility in my area to cancel their appointments.
 
2014-02-05 02:08:29 PM  

sheep snorter: A proper, legal traffic ticket is you have 1 year to dispute, once you are properly notified(cop at you car or registered mail ticket).

If the government give you a dispute court date that is 1 year and 1 day after notification, ticket is thrown out.

Don't dispute a ticket and if you don't pay by the 1 year notification date, proper legal action would be a cop showing up to you and taking you down to jail to pay or get your court date.

If the government does not chase you down to pay after the one year, consider 2 years for the ticket to be thrown out, due to delay of due process.

/And in this articles case, it looks like it might be a issued ticket that you never had to pay in the first place.
//Delay of due process is fun to challenge. An automated ticket that took 1 month to show up? Delay of due process and bye bye ticket.
///delay of a ticket is never excused by "well we only send out bills/tickets once a month so pay it or be punished".


I thought the argument municipalities were using to get around this was that a red light ticket is a civil infraction, not a criminal one, so there is no actual due process, judge, or even police involvement in issuing you a ticket and collecting  fees.
 
2014-02-05 02:27:10 PM  
I wonder if I can sue for all the robocalls trying to reach the guy who had my phone number before it was issued to me.
 
2014-02-05 02:44:27 PM  

geek_mars: I wonder if I can sue for all the robocalls trying to reach the guy who had my phone number before it was issued to me.


I got my number originally as a work number from my previous job. It had been recycled from a chick that was apparently a total slut. I only got the one text message exchange, but I led some random dude on for like 3 days, and he finally called...

I told him I had no idea who he was talking about. For some reason he didn't pursue a discussion about 3 days' worth of sexting. he never tried to call or text again, though.
 
2014-02-05 03:15:24 PM  
In before the "Just don't run any redlights" kneejerk reactionaries.

/Running a redlight now, so I'm getting a kick...
 
2014-02-05 03:24:58 PM  
Press 3: to say Fark You.
 
2014-02-05 04:23:01 PM  
OOC, I recently ported my home phone number from a landline over to a cell phone. Do the laws against robocalling cell numbers now apply to that phone?
 
2014-02-05 04:46:17 PM  
There are a lot of things wrong with this story.
 
2014-02-05 05:01:05 PM  

sheep snorter: A proper, legal traffic ticket is you have 1 year to dispute, once you are properly notified(cop at you car or registered mail ticket).

If the government give you a dispute court date that is 1 year and 1 day after notification, ticket is thrown out.

Don't dispute a ticket and if you don't pay by the 1 year notification date, proper legal action would be a cop showing up to you and taking you down to jail to pay or get your court date.

If the government does not chase you down to pay after the one year, consider 2 years for the ticket to be thrown out, due to delay of due process.

/And in this articles case, it looks like it might be a issued ticket that you never had to pay in the first place.
//Delay of due process is fun to challenge. An automated ticket that took 1 month to show up? Delay of due process and bye bye ticket.
///delay of a ticket is never excused by "well we only send out bills/tickets once a month so pay it or be punished".


There's no standard, national statute of limitations for traffic tickets.  What you say may be true for your city or state, but that does not make it true anywhere else.  The article states that the city believes there is no statute of limitations on the collection of red light camera fines.  The city could be wrong, but they're probably not.
 
2014-02-05 05:50:31 PM  

Saiga410: To The Escape Zeppelin!: wildcardjack: My cell number is known to three people and my bank. If I do get a robocall I'm suing someone.

I don't give out my number to anyone. Unfortunately the idiot who had the number before me apparently signed up for literally everything under the sun.

I do not know how this happens but usually three or four times a month usually within a day or two I will get calls where people are trying to call a physical rehab facility in my area to cancel their appointments.


My guess:  Some admin has your number in their cut/paste email alert or something similar to that.
 
2014-02-05 07:20:13 PM  
Why isn't the city of Albuquerque joined as a defendant in this lawsuit?

Certainly, it was their negligent actions that led to Redflex contracting with Creditwatch in the first place.

None of these jurisdictions care about the Constitutionality of their schemes or whether they actually improve safety but they *do* care about the money. Asking the city to pay its share of a multimillion dollar settlement would serve as a fine example to other jurisdictions considering such nonsense.
 
2014-02-05 08:36:27 PM  
And then you get another ticket for using your cell phone while driving.
 
2014-02-05 10:12:18 PM  
They've also been harassing a dead man's mother about his ABQ red light camera tickets.
 
2014-02-05 10:25:13 PM  

slykens1: Why isn't the city of Albuquerque joined as a defendant in this lawsuit?


Because the City isn't bound by the TCPA. They get a gimme, along with health-care providers, non-profits, and non-commercial political speech.

Their immunity does not extend to Redflex, the red-light camera company, nor to the collection agent actually making the calls though.
 
2014-02-05 11:46:45 PM  

NormallyTechnos: slykens1: Why isn't the city of Albuquerque joined as a defendant in this lawsuit?

Because the City isn't bound by the TCPA. They get a gimme, along with health-care providers, non-profits, and non-commercial political speech.

Their immunity does not extend to Redflex, the red-light camera company, nor to the collection agent actually making the calls though.


I would join the city on a vicarious liability claim. But for their negligence in allowing Redflex to try to collect, the ensuing TCPA tort would not have occurred.

And it might be novel enough to get to an expensive trial or settlement, which is the real goal.

/not a lawyer in any way
 
zez
2014-02-05 11:49:21 PM  

Summer Glau's Love Slave: In before the "Just don't run any redlights" kneejerk reactionaries.

/Running a redlight now, so I'm getting a kick...


was that kick just a kneejerk reaction?
 
2014-02-06 01:06:53 AM  

slykens1: I would join the city on a vicarious liability claim. But for their negligence in allowing Redflex to try to collect, the ensuing TCPA tort would not have occurred.

And it might be novel enough to get to an expensive trial or settlement, which is the real goal.


It's been tried enough times the FCC actually issued guidelines for vicarious liability and the TCPA last year. It pretty much boils down to common law agency, and I don't see any of that fitting.
 
2014-02-06 01:24:13 AM  
i.chzbgr.com
 
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