[comp.dcom.telecom] Banned in Boston! Telemarketer Gets Sued

telecom@eecs.nwu.edu (TELECOM Moderator) (09/14/89)

Alan Schlesinger's stock in trade is suing people. But you might say his
stock is too hot to handle at Merrill Lynch these days. A Boston lawyer
who hates telephone solicitors, Schlesinger sued Merrill Lynch after the
brokerage firm ignored 'repeated requests' to quit calling him with
investment proposals.

To Merrill Lynch's surprise, he won an injunction. Indeed, he sued them
*two times* and won. The second time was after an unwitting broker called
him in violation of the court order prohibiting it.

"This is something that bothers a lot of people, but they don't have the
sense they can do something about it," said Schlesinger, whose best retort
is a tort, it would seem. In the second suit, the court awarded him $300,
for the costs of his prosecution of the matter and for his time spent on
the phone with the brokerage house's phone room.

"He is using an atom bomb to deal with a gnat," said William Fitzpatrick,
chief lawyer for the Securities Industry Association, faulting Schlesinger
for doing what comes naturally for an attorney: "Being a lawyer myself,
I can only guess he doesn't have enough brains to just hang up the phone."

Have a nice day. I'll see you tomorrow.


Patrick Townson