Privacy invaded - Need Help

A company that I had no business relationship with sent me an unwanted solicitation that put me at great risk for identity theft. It had no opt out clause or language. I was and continue to be on all the obvious and not so obvious no contact lists yet found myself on this one. Through a 3rd party, I filed a complaint asking for immediate removal and the source that provided my contact information to be placed on that solicitation.

After multiple correspondence, the company stated it would remove me but would not give me the source, rather asking on my behalf to remove me from that source's list.

That was over a year ago and the solicitations continue.

I have complained to multiple 3rd party resources, the company directly even to the highest office at the company, and I get responses not addressing my issue. Oftentimes, the responses are condescending if not inflammatory. Yet I can't get any 3rd party at the nonprofit, federal, state, local or media level to assist me. It's not just the violation of my privacy, but a signed, written document stating I would be removed and it has not happened for over a year over something that could put my financial standing at great risk at no fault of my own.

Small claims court is not an option since the company is based in another state and is extremely profitable to possibly shift this to civil court.

What options are available to me since none of the above mentioned parties won't help (details can't be provided due to the rules) and I am not one that likes to be bullied but feel that is occurring in this case.

In summary, I received a solicitation from a company I had no relationship with who claimed it got my name from a source it won't identify. I asked the company for removal and the source identity to get my name off these lists since I am already on multiple national and local registries to not be contacted. I want assistance in helping me to get my rights as a consumer honored and the written document the company provided saying it would remove me yet didn't since I continue to get the solicitations. I have asked 3rd party assistance at the local, national, non-profit and media levels to little to no support. Advice, input, legal advice, legal text of similar cases, are all much appreciated. I've been living with this nightmare for over a year and feel like I have no voice as a consumer, a human being. Thank you.

2009HelpNeeded:

A company that I had no business relationship with sent me an unwanted solicitation that put me at great risk for identity theft.

Please explain how that unwanted solicitation put you at great risk for identity theft?

It was a credit card offer with a significant portion of my personal information preprinted on it when I opened it. If it's deposited in the wrong mailbox and completed, it puts me at great risk for identity theft.

2009HelpNeeded:

with a significant portion of my personal information

Like what: your name and address?

I get those every day. I just tear them up and toss them.

Your name and address are probably all over the internet anyway. Try googling your name, address, phone number - each separately and see what you come up with.

Try your address on Zillow.com and your name on zabasearch.com.

My point is that getting an unwanted credit card solicitation makes you no more at risk for identity theft than not getting one.

There are ways to try to get off of junk mail lists:

http://www.google.com/...

But there's nobody to sue and nobody to complain to, because nothing happened. Nobody stole your identity. And if somebody does, it's a criminal act and it's the criminal who is subject to punishment.

I have a signed statement from the company that it would remove me from its marketing list. That's a written agreement.

Prior to this written agreement, I had signed up for multiple opt-out lists that you alluded to and is mentioned on consumer protection sites.

Prior to this written agreement and the aforementioned signing up for opt-out lists, I arranged the same set-up with all companies I did have a business relationship with - which doesn't include the company I'm having a problem with.

I have a right to not be bothered with solicitations just like I have a right to not be bothered by telemarketers if I have a signed statement if I registered with the no call registry and offenders are penalized for violation.

If there is one less item out in the open, there is one less likely opportunity for identity theft. Respectfully, I disagree and is why I feel so strongly about this case because of all these steps I've taken, according to my rights as a consumer and one company won't abide by standard opt out protocol or even it's own signed statement. If I sent a statement in writing to pay a bill in 30 days and didn't, what is the likelihood the company would point to a written agreement? Why isn't the reverse valid then?

And if the company agrees in writing to do so, then continues to send the solicitations anyway, it defeats the purpose of opt-out lists.

Furthermore, per the policy of this website about the amount of information one can reveal, I am being very broad - it is not as clear cut as name and address.

In addition, the test you suggested, I had done that previously and I'm clear because of the steps I mentioned above - with the exception of this one company and the source it refuses to provide.

Re: the mail box issue, I filed complaint(s) with USPS when I discovered my next door neighbor was receiving some of my investment statements, and I was receiving correspondence addressed to someone 1/2 mile away.  The one piece of correspondence they managed to get correctly was from a first cousin whom I have never met, and didn't even know of, during my half-century+ on Earth.  I was ticked just to think this piece of correspondence could have ended up elsewhere, and I let USPS know:

https://postalinspecto...

I have filed complaint with DMA:

http://www.the-dma.org...

Otherwise, I basically remove my name/address from the envelope, shred it, and put the rest of the junk into the paper bin.  It's wasted revenue on their side, not mine.

As Jack suggested, try zabasearching yourself (or use other search engines). 

I terminated our agency contract with a collections bureau because of the commissions fee and the SOL expiration.  Somewhere, EVERYONE is in a database.  I send out the Demand Letters to the ones I do find.  If I can't locate them or if they are non-responders, I just forward them to the DA.

You can take precautions, but, unfortunately, you can't cure the problem.

I have sent a demand letter multiple times to this company. They won't comply. The solicitation I am receiving is unique and I can identify it didn't come from me or anyone I do business with because it has my name spelled incorrectly. Though not spelled incorrectly enough to bypass my mailbox. Therefore a demand letter to the major mail marketing firm would not work because I spell my name correctly and would be in every database correctly. Some one entity is the source of this problem I am describing. I am not looking to eliminate all database entries Just this one and no agency takes the time to help me with this. I am in the same position as people who complained about unwanted phone calls during the dinner hour. It brought about the no call list. Why is my case any different other than my not being a VIP?

I believe you can opt out of junk mail from the post office but other than that the best you can do is shred anything that comes to you.

It's not worth a heart attack over junk mail. If it comes with a return envelope where they pay the postage then load it up with a bunck of junk fliers with no personal information on them and drop it in the mailbox. The post office will love you because you are giving them more income while the company continues to pay for postage for junk mail.

You would need to contact your Senator and see if they are willing to write any laws that prohibit these types of mailers. It will probably never happen because the usps is desparetly in need of cash and these companies help pay the salaries at the post office with these mailings.

There is a law prohibited telephone solicitations. There is no similar law re: mail solicitations. THAT is the difference.

The most likely explanation is that someone made a typo when you name was entered into some legitimate database. That's why it is spelled wrong.

Then what is the point of having opt-out lists if no one can be held accountable when someone or some company refuses to comply?

What about the signed statement from the company stating it would comply yet haven't done so for over a year? Is a signed statement the equivalent of a written contract that if not fulfilled can be punishable?

Also, how can it be determined if it is a legitimate database when the company won't reveal its name? What's the need to hide behind proprietary status as this company repeatedly hides behind when I ask for the source?

actually the return envelope is often coded to distinguish who it was sent to even if one follows your suggestion about returning without my personal information. politicians haven't been interested in this issue either from my experience, which begs the question, who is the person that was the launching force behind the no call list? people were told the same things like i'm being told now, don't have a heart attack, it's life, etc. but it became policy because someone - in power - felt that way and without a signed statement from a company failing to abide by its own text either, unless someone knows of such a legal case resembling this situation.

2009HelpNeeded:

Then what is the point of having opt-out lists if no one can be held accountable when someone or some company refuses to comply?

The problem is that when you register with opt-out through Direct Marketing, you might be registering as "2009HelpNeeded."  The agency involved might have you listed as "2009HelpNeeded!!"

With one agency I had to opt-out as "Cica LastName," "Cica MiddleInitial LastName," "Cica FormerMarriedName."

 http://en.wikipedia.or...

This might give an idea of the opt-out program that some agencies have adopted, but as stated in the link:  "In the United States, the Direct Marketing Association's Mail Preference Service functions similarly to telemarketing do not call registries, though mailer participation is voluntary."

(Also, I believe that you indicated that you wanted this applied to just one company.  I don't know if that's going to work.)

2009HelpNeeded:

I have a signed statement from the company that it would remove me from its marketing list. That's a written agreement.

But it isn't a "contract."  The law of contracts exists to separate enforceable agreements from unenforceable agreements.

2009HelpNeeded:

I have a right to not be bothered with solicitations just like I have a right to not be bothered by telemarketers

Nope.  The telemarketing thing exists because of statutory law.  I don't believe there is any similar, enforceable situation with mail solicitations.  Mail isn't as bothersome as unwanted phone calls.

2009HelpNeeded:

If I sent a statement in writing to pay a bill in 30 days and didn't, what is the likelihood the company would point to a written agreement? Why isn't the reverse valid then?

Because the presence of a bill indicates an exchange of some kind.  A contract consists of an Offer, Acceptance and Consideration (the exchange between the parties).  Their agreement to remove you lacks consideration, so it isn't a contract.

2009HelpNeeded:

I am being very broad - it is not as clear cut as name and address.

Okay, but the problem with privacy claims is that people in the US somehow think all their personal information is private, but it isn't.

The point is that many/most solicitation companies follow the request and don't waste their time sending stuff.

2009HelpNeeded:

Is a signed statement the equivalent of a written contract that if not fulfilled can be punishable?

Nope.  I promise that I'll buy you a bagel tomorrow.  I'm assuming you agree to that...  Sue me when I don't.