BuyDiscountCigars.com

[redacted] We did not receive your certified letter as we no longer operate at [redacted] ***We will work with the Revdex.com to correct this information Your original complaint read: "The business delivered an unlawful robocall to my wireless device on January 15, I attempted to resolve the matter via communication through the company website, which attempt was unsuccessfulOn January 23, 2014, I sent the business a certified letter to the address listed with the Revdex.com registration, [redacted] **, and it came back as not deliveredThe foregoing robocall was delivered without my prior express written consent as required by the federal Telephone Consumer Protection Act." You accused our company of violating Federal law and you demanded compensation in returnAny reputable business would take such an accusation seriously The TCPA states: "A telephone solicitation is a telephone call that acts as an advertisementThe term does not include calls or messages placed with your express prior permission, by or on behalf of a tax-exempt non-profit organization, or from a person or organization with which you have an established business relationship (EBR)An EBR exists if you have made an inquiry, application, purchase or transaction regarding products or services offered by the person or entity involvedGenerally, you may put an end to that relationship by telling the person or entity not to place any more solicitation calls to your homeAdditionally, the EBR is only in effect for months after your last business transaction or three months after your last inquiry or applicationAfter these time periods, calls placed to your home phone number or numbers by that person or entity are considered telephone solicitations subject to the do-not-call rules." Your order on September 16th, is clearly within the boundaries of the "established business relationship" as defined by the TCPA The call that was placed to you stated "to be removed from our list, please press 2"Again, referencing the above text, "Generally, you may put an end to that relationship by telling the person or entity not to place any more solicitation calls to your home." Simply pressing during the call or contacting us through other means would have removed you from our list Furthermore, the TCPA reads: "Calls using artificial or prerecorded voice messages – including those that do not use autodialers – may not be made to home phone numbers except for: emergency calls needed to ensure the consumer’s health and safety; calls for which you have given prior express consent; non-commercial calls; calls that don’t include or introduce any unsolicited advertisements or constitute telephone solicitations; calls by, or on behalf of, tax-exempt non-profit organizations; or calls from entities with which you have an EBR." Again, your order on September 16th, is clearly within the boundaries of the "established business relationship" as defined by the TCPA In addition, the Florida law you referenced reads: "(c) “Unsolicited telephonic sales call” means a telephonic sales call other than a call made: In response to an express request of the person called; Primarily in connection with an existing debt or contract, payment or performance of which has not been completed at the time of such call; To any person with whom the telephone solicitor has a prior or existing business relationship; or" Again, your order on September 16th, is clearly within the boundaries of the existing business relationship" as defined by the Florida statute We have removed your information from our database (including our call list) and you will no longer receive any calls from us Thank you for your business and we hope you enjoyed your cigars

Revdex.com: I have reviewed the response made by the business in reference to complaint ID [redacted] , and have determined that this does not resolve my complaint For your reference, details of the offer I reviewed appear below The company, perhaps rightfully so, is focused on the legal argument to my complaint This matter is before the Revdex.com and not a court, however, because the company refused to provide any level of customer service related to my objection to its prerecorded message advertising It refused to accept delivery of my certified complaint letter at [redacted] *** Regardless, I reject the assertion that I provided express written consent to be contacted by prerecorded message Even if true, the consent language provided by the company does not rise to the level required under the Telephone Consumer Protection Act Finally, Florida law provides that "[n]o person shall make or knowingly allow a telephonic sales call to be made if such call involves an automated system for the selection or dialing of telephone numbers or the playing of a recorded message when a connection is completed to a number called." F.S.A§ 501.059(8)(a) (emphasis added) It is curious as to why the company appears more concerned about deleting me as a a customer rather than trying to keep my business This matter could and should have been resolved months ago; however, I am still open to a non-litigious resolution

I placed an order on Dec.15,and as of today Dec.28th the item still has not shipped and I have been getting the run around since Day First I was told there was a delay in shipping due to an illness in the warehouse, then I was told they don't have the cigars in stock, then I was told they did have the cigars Ironically they charged me for the cigars right away but still no cigarsI called them this morning to see if the cigars had shipped and the answer was NO I cancelled my order and they said it would take 3-business days to credit back my cardHAHAHA, but they charged my card the same day that I placed my order I would never recommend this company to anyoneExtremely unprofessional

[redacted]
We did not receive your certified letter as we no longer operate at [redacted]. We will work with the Revdex.com to correct this information.
Your original complaint read:
"The business delivered an unlawful robocall to my wireless device on January 15, 2014. I attempted to resolve the matter via communication through the company website, which attempt was unsuccessful. On January 23, 2014, I sent the business a certified letter to the address listed with the Revdex.com registration, [redacted], and it came back as not delivered. The foregoing robocall was delivered without my prior express written consent as required by the federal Telephone Consumer Protection Act."
You accused our company of violating Federal law and you demanded compensation in return. Any reputable business would take such an accusation seriously.
The TCPA states:
"A telephone solicitation is a telephone call that acts as an advertisement. The term does not include calls or messages placed with your express prior permission, by or on behalf of a tax-exempt non-profit organization, or from a person or organization with which you have an established business relationship (EBR). An EBR exists if you have made an inquiry, application, purchase or transaction regarding products or services offered by the person or entity involved. Generally, you may put an end to that relationship by telling the person or entity not to place any more solicitation calls to your home. Additionally, the EBR is only in effect for 18 months after your last business transaction or three months after your last inquiry or application. After these time periods, calls placed to your home phone number or numbers by that person or entity are considered telephone solicitations subject to the do-not-call rules."
Your order on September 16th, 2013 is clearly within the boundaries of the "established business relationship" as defined by the TCPA.
The call that was placed to you stated "to be removed from our list, please press 2". Again, referencing the above text, "Generally, you may put an end to that relationship by telling the person or entity not to place any more solicitation calls to your home." Simply pressing 2 during the call or contacting us through other means would have removed you from our list.
Furthermore, the TCPA reads:
"Calls using artificial or prerecorded voice messages – including those that do not use autodialers – may not be made to home phone numbers except for:
emergency calls needed to ensure the consumer’s health and safety;
calls for which you have given prior express consent;
non-commercial calls;
calls that don’t include or introduce any unsolicited advertisements or constitute telephone solicitations;
calls by, or on behalf of, tax-exempt non-profit organizations; or
calls from entities with which you have an EBR."
Again, your order on September 16th, 2013 is clearly within the boundaries of the "established business relationship" as defined by the TCPA.
In addition, the Florida law you referenced reads:
"(c) “Unsolicited telephonic sales call” means a telephonic sales call other than a call made:
1. In response to an express request of the person called;
2. Primarily in connection with an existing debt or contract, payment or performance of which has not been completed at the time of such call;
3. To any person with whom the telephone solicitor has a prior or existing business relationship; or"
Again, your order on September 16th, 2013 is clearly within the boundaries of the existing business relationship" as defined by the Florida statute.
We have removed your information from our database (including our call list) and you will no longer receive any calls from us.
Thank you for your business and we hope you enjoyed your cigars.

This customer placed a order with us within the last 6 months. At that time the customer provided us with his contact information and then placed a order and electronically signed this following clear and conspicuous disclosure statement "Electronic Signature: By placing this order, you...

verify that you are at least 18 years of age (19 if your jurisdiction requires) and are purchasing these products for personal use only. You also agree to receive phone calls to the number you have provided in your account for customer service reasons and tailored special offers as needed by human or machine means." . 
Since the customer had not ordered in a while  we gave him a call to remind him of that fact and to offer him a special offer. At the end of the call we provided the customer with a means of being removed from future callings. (by pressing 2). 
If he read our PRIVACY POLICY the customer would have seen this language under the "What do we use your information for?" tab:"To administer a contest, promotion, survey or other site feature."
Even though he has given his unambiguous written consent required before telemarketing call or text message to us at point off sale we have since removed his number from our customer call lists and he will not be called again.  Once this matter is resolved we will delete him as a customer completely. That should be more than enough to suffice this customer. 
I have attached proof of his order with the telephone number he provided us when he created his  account.

Revdex.com:
I have reviewed the response made by the business in reference to complaint ID [redacted], and have determined that this does not resolve my complaint.  For your reference, details of the offer I reviewed appear below.
The company, perhaps rightfully so, is focused on the legal argument to my complaint.  This matter is before the Revdex.com and not a court, however, because the company refused to provide any level of customer service related to my objection to its prerecorded message advertising.  It refused to accept delivery of my certified complaint letter at [redacted].  Regardless, I reject the assertion that I provided express written consent to be contacted by prerecorded message.  Even if true, the consent language provided by the company does not rise to the level required under the Telephone Consumer Protection Act.  Finally, Florida law provides that   "[n]o person shall make or knowingly allow a telephonic sales call to be made if such call involves an automated system for the selection or dialing of telephone numbers or the playing of a recorded message when a connection is completed to a number called."  F.S.A. § 501.059(8)(a) (emphasis added).
 
It is curious as to why the company appears more concerned about deleting me as a a customer rather than trying to keep my business.  This matter could and should have been resolved months ago; however, I am still open to a non-litigious resolution.

Review: The business delivered an unlawful robocall to my wireless device on January 15, 2014. I attempted to resolve the matter via communication through the company website, which attempt was unsuccessful. On January 23, 2014, I sent the business a certified letter to the address listed with the Revdex.com registration, [redacted] and it came back as not delivered. The foregoing robocall was delivered without my prior express written consent as required by the federal Telephone Consumer Protection Act.Desired Settlement: Statutory damages of $1500.00.

Business

Response:

This customer placed a order with us within the last 6 months. At that time the customer provided us with his contact information and then placed a order and electronically signed this following clear and conspicuous disclosure statement "Electronic Signature: By placing this order, you verify that you are at least 18 years of age (19 if your jurisdiction requires) and are purchasing these products for personal use only. You also agree to receive phone calls to the number you have provided in your account for customer service reasons and tailored special offers as needed by human or machine means." .

Since the customer had not ordered in a while we gave him a call to remind him of that fact and to offer him a special offer. At the end of the call we provided the customer with a means of being removed from future callings. (by pressing 2).

If he read our PRIVACY POLICY the customer would have seen this language under the "What do we use your information for?" tab:"To administer a contest, promotion, survey or other site feature."

Even though he has given his unambiguous written consent required before telemarketing call or text message to us at point off sale we have since removed his number from our customer call lists and he will not be called again. Once this matter is resolved we will delete him as a customer completely. That should be more than enough to suffice this customer.

I have attached proof of his order with the telephone number he provided us when he created his account.

Consumer

Response: