Well, I kind of disagree.
The key to these calls is to identify the sender OR 'instigator'.
Let us now assume that it is a corporation in Florida. (It usually is).
I see nothing in the Regulations which exempts non-UK corporations. What
I do know (from personal experience) is that practical remedies are
difficult.
However, unless someone can point me to something IN LAW which says
Florida corporations are exempt, IF the instigator can be identified
(this is usually done by social engineering, as Tim appears to have
done), then BECAUSE they have targeted their marketing to the
jurisdiction, they have accepted the jurisdiction of the English courts,
it would appear.
All that then remains to be done is, I suspect an applicaion for service
of Claim Form outside the jurisdiction (I've never done it in England
and Wales, but I /have/ done it locally where the 'oversea' jurisdiction
WAS England and Wales, and I suspect that the Court Rules are very
similar in the CPR to those applied in the Channel Islands).
As a practical matter, of course, before doing so, one should ascertain
whether any judgment that would be obtained, probably in default of
defence, could be enforced in the location where the wrong-doer has assets.
If this were another Member State of the EU, it would be a no-brainer,
but I really don't know whether the USA is a signatory to the relevant
Convention or not, and I'm currently not in a position to check (I'm on
an ICE train about to enter a country where I don't want to use my 3G
connection as I'm only staying an hour or two).
With all that in mind, who'd like to sue these creeps in any event? ;-)
I'd be happy to help.
Nigel
PS: I'm looking forward to meeting list members tomorrow -- who's coming?
Tim Trent wrote:
> According to the BT Nuisance Call helpline, No, but "it looks as though
> something will be done about it soon" and they aimed me at the UKIC
>
> Peter Burgess wrote:
>>
>> I've had about three calls now. Is there really nothing that can be
>> done about it?
>>
>>
--
Nigel Roberts BSc LLB CEng FBCS, Director
Island Networks, 4&5 St Anne's Walk, Alderney, GY9 JZ, Channel Islands
Tel: 01481 822800 or 01534 759526 Direct Line: 0870 321 2282
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