Wednesday, July 22, 2009

Did Charles Papenfus Cross The Line When Dealing With A Company Trying To Extend A Warranty That Did Not Exist?

Telemarketers are not well liked. They call right around supper time and they tend to be disruptive. While our upbringing tells us not to be rude, it is probably best just to hang up. Otherwise, the level of irritation may rise to the level of a crime. For example, take
Charles Papenfus. Papenfus currently has plenty of time to ponder what constitutes appropriate reactions to telemarketers as he sits in a St. Louis jail. (Bond has been set at $45,000.) Just how did Papenfus get himself into such a mess?

Apparently, it all started when Papenfus received mail offering to extend the warranty on his car. Unfortunately for Papenfus, he did not have a warranty on his car. Papenfus called the company and asked how they could extend a warranty that did not exist. Papenfus was not pleased with the response. Papenfus then received a call back from a phone rep of a company that offered to extend Papenfus warranty that did not exist. (Imagine the conversation: Sir, I know you don't have a warranty. But for $499 dollars, we can extend your current status of having no warranty indefinitely.)

Papenfus apparently became more and more furious as the salesman pushed on in the telephone solicitation. At some point, the service rep apparently called Papenfus a "jackass" or something similar, Papenfus snapped. Infuriated by the salesman's tactics, Papenfus allegedly threatened to burn the company's building down, then hunt down and kill the employees and their families. Obviously not a pleasant thought. Even less appropriate to ever say such a thing out loud although others have admitted to uttering such words under their breath.

Service Protection Direct, a front for TXEN Partners, is believed to be the victim of Papenfus' alleged threats. (If you have no car warranty and want to pay to extend that situation indefinitely or if you want to be told how stupid that you are, feel free to give them a call.)

Papenfus is to be considered innocent unless proven otherwise in the court of law. Service Protection Direct (or whoever the company) did not deserve to be threatened. In the future, a better way to handle telemarketers is to get their phone number and call them around their dinner time.


Blond Bombshell said...

I am not real sure why, but this story really caught my eye. This story reminds me of why I keep coming back to Legal Pub.

Why what Papenfus did was wrong, many of us have lost our cool in such situations.


Iron Mike said...

Still a dumb @ss thing to say, Shell. Any one can think it, but to say it is a crime.

Iron Mike

Anonymous said...

Threats are threats. Do the crime do the time.


Anonymous said...

Junkers for clunkers.

J.J. said...

Charles, listen to the angels and ignore the telemarketers. The angels are called 'Sons of God', 'Holy ones', 'Heavenly hosts'. (Gen 6:2-4, Ps 89:5, Dan 4:13, Luke 2:13)

The telemarketers for companies are rude, obnoxious punks with potty mouths.

The angels worship God (Luke 2:13, Rev 19:1-3) and they attend to God's throne (Job 1:6, 2:1). The telemarketers are typically in the business only for money.

The angels make up God's army (1 Chron 12:22). The telemarkers are on the companies payroll only until they can find a better job.

Rev. J.J.

Anonymous said...

What a humerous educational post, J.J.

Anonymous said...

Bearing the cross more like it.

Edward Ringwald said...

Would this be a federal offense?

After all, Charles Papenfus was in Ohio and he spoke with a telemarketing company in Missouri. What he may have done is making a telephonic threat across state lines - this is where the FBI gets involved.

Of course telemarketers are annoying and there are legal ways to stop telemarketers from calling you such as the Do Not Call list. But what Charles Papenfus did is against the law; not only he is facing Missouri charges he could also face potential federal charges for making interstate threats by telephone.

Legal Eagle 7 said...

Yes, this can be charged with a federal offense used the telephone 2. It affected interstate commerce (crosses state lines.)

Legal Eagle 7

Gale Starr said...

If they hadn't illegally called him, this never would have happened. Seems to me that it's their fault.