Attention - If you received unsolicited sales calls by K-Designers
("Kay D") from 800-728-3902 you may be owed some cash.
Here is the check I received for my claim the company violated the FTC Do Not Call Law:
K-Designers called me twice on the July 4th holiday. The caller identification they used was "Kay D". The company is actually Judson Enterprises, Inc., and their company is conveniently located close to my office.
What You Need to Do
Your residential telephone number needs to be registered with the FTC Do Not Call List. If you have not registered then you cannot complain about receiving unsolicited sales calls.
You can register here.
If you are unsure if you have registered, click here to check if your number is on the FTC Do Not Call list.
What is the Law
Title 47 of the United States Code Section 227(c) allows you to claim penalties if you receive unsolicited calls after your telephone number has been added to the FTC list.
You need to receive two or more calls from the same company within a 12-month period.
Basically, Congress gives phone spammers a freebie in calling you once. Typically, someone like K-Designers will call and then call again if the first call was not picked up fast enough. The second call and every call after that is a violation of the law.
How Much Do You Get
The law says you get a minimum of $500 for every violation. This can be trebled up to $1500 per violation if the violation was willful. Generally, when someone calls your phone they are willfully doing it. That is not a high standard to meet.
What is K-Designers Defense?
K-Designers will claim it is a "co-venturer" with a charity and is thus exempt from the law.
Here is what they told me and my understanding of what is happening:
The company calls to sell its home improvement products. It is not calling to request charitable donations.
K-Designers claims it gives a portion of each sale to charity. In my situation they claimed some charity called Buildings Around the World, or something like that. It was not any charity I recognized and I found nothing anywhere close to that name registered as a charity with the California Attorney General's Office.
K-Designers, which is a dba or fictitious name of a corporation called Judson Enterprises, Inc., claims by complying with California law for being a co-venturer with a charity it is excused from complying with federal law.
Initially, complying with state law does not excuse compliance with federal law. For example, medical marijuana may not be prosecuted under California law but it is still an illegal controlled substance per federal law. The FTC Do Not Call requirements are federal rules, not state rules.
Second, in my situation I could not confirm a valid charity even exists.
Third, even if there were a valid charity, and even if state law applied, California's charity solicitation law (Business & Professions Code Sections 17510 et seq.) may not apply to a commercial company donating a portion of each sale of its products to charity when there is no real charitable purpose, and the real purpose is to create a sham "charitable donation" to evade unsolicited advertising prohibitions.
Fourth, giving some profit from a commercial sale to a charity does mean a corporation is an exempt organization that does not need to comply with the do not call rules. Federal law (47 USC 227(c) and 47 CFR 64.1200) only exempt from the do not call requirement calls "by a tax exempt nonprofit organization." A call by a commercial company, selling its commercial products, but offering a token donation to a charity from each sale does not seem to meet this definition to be exempt.
The key point is there is no "charity commercial co-venturer" exemption listed in federal law.
This is what you need to do next ...
If (1) your residential phone number has been registered with the FTC Do Not Call List, and (2) you received two or more calls at that number from K-Designers, then
Thank you, and I will be in touch with you shortly.
Brian Kindsvater, Esq.
Law Office of Brian Kindsvater
2377 Gold Meadow Way
Gold River, California 95670
1.916.761.6863 Sacramento Office