TERROR: Ohio man jailed in Missouri for chewing out a tele-marketer...

Void Main
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Edited Date/Time 1/20/2012 8:30pm
We need a grass roots movement to make sure this guy doesn't go to jail. He is a hero in my book!

http://www.stltoday.com/stltoday/news/stories.nsf/stlouiscitycounty/sto…

Phone rage leads to arrest here for Ohio man

By Matthew Hathaway
ST. LOUIS POST-DISPATCH
07/21/2009

UPDATED 10:25 A.M. with new date for bond reduction hearing:

An Ohio man, fed up with deceptive junk mail, made the mistake of losing his temper while on the phone with a St. Louis company pitching an extended auto-service contract. Now he finds himself behind bars, where he is charged with making a terrorist threat.

According to court documents, Charles W. Papenfus, 43, allegedly told a sales representative during a May 18 telephone call that he would burn down the building and kill the employees and their families. He was indicted for making a terrorist threat, a Class D felony; and he could be sentenced to up to four years in prison if convicted.

Papenfus' wife, Tracie, said she hasn't seen her husband since his arrest on June 27, when he was lured to a Fostoria, Ohio, police station with a false story about being suspected in a tavern fight there. Charles Papenfus, a self-employed mechanic who sometimes works on the department's police cruisers, dropped by the station to clear his name, she said.


Tracie Papenfus said she still can't understand why her husband is held 450 miles from home at the St. Louis workhouse on a $45,000 bond she can't afford to pay. (That amount could be lowered at bond-reduction hearing scheduled for Monday.)

"He shouldn't have mouthed off on the phone, but this is overkill," Tracie Papenfus said. "He just can't handle it in there. He's not a criminal. ... They make it sound like he's a terrorist, and he's far from it."
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Court records don't name the firm that Papenfus allegedly threatened, but they say the business is located at 300 North Tucker Boulevard. The only firm in that building that sells service contracts — popularly known as "extended warranties" — is TXEN Partners, which does business as Service Protection Direct. The firm did not respond to requests for comment.

The Better Business Bureau recently accused the firm of sending mailers to consumers that incorrectly state factory warranties on their vehicles either have expired or will run out soon. Last year, then-Attorney General Jay Nixon sued the firm for misleading consumers, and a condition of that suit's settlement was that TXEN Partners would refer to consumers' expiring warranties only if the company believes "in good faith" that those claims are true.

Tracie Papenfus said her husband called a St. Louis telemarketing firm — she didn't know the name — after getting a mailer stating that the factory warranty had expired for the 1996 Ford Taurus driven by his 23-year-old son. The car, bought as-is for $3,000, hasn't had a factory warranty for years.

"He wanted to know, 'Why are you sending this when we've never had a warranty?'" Tracie Papenfus said.

In fact, Charles Papenfus asked that same question several times. He called the firm after receiving the mailer, then he called the company back to complain some more, said Douglas Forsyth, a local attorney representing Papenfus. The call during which Papenfus allegedly made a terrorist threat was initiated by the firm, in a response to a voice-mail message left by Papenfus, Forsyth said.

"They insulted each other," Forsyth said, adding that Papenfus called the company "a scam" and the telemarketer called Papenfus "a jackass or (an expletive) or both."

Forsyth said that, several minutes into the call, Papenfus said something about burning down the firm's building.

Tracie Papenfus said the outburst was unusual for her husband, who she described as "a cool-headed guy." However, she said, he hadn't quite been himself after taking prescription painkiller medication for a compound wrist fracture he received in a motorcycle accident a few days before the call occurred. Irritability can be one side effect from those drugs, Forsyth said.

Christopher Thetford, a spokesman for the BBB in St. Louis, said he isn't surprised to hear of a consumer threatening a service-contract broker.

"While it's not something we condone, it is something we can understand," Thetford said. "Oftentimes, consumers feel pushed and pushed. ... It's a frustration we hear from consumers every day when they talk about the extended-service contract industry."

Authorities would not discuss facts of the case, but one official said that business practices of a telemarketing firm shouldn't be a factor.

"I think all sorts of people get frustrated with all sorts of businesses," said Ed Postawko, chief warrant officer in the Circuit Attorney's Office. "The solution is to don't patronize that business, it's not to break the law. ... Two wrongs don't make a right."
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kcadrenalin
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7/21/2009 9:17am
Thats Bullshit right there.
motogeezer
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7/21/2009 9:22am
I say we go burn the place down while he's in jail.

Can't have a better alibi than that.
09450f
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7/21/2009 10:00am
motogeezer wrote:
I say we go burn the place down while he's in jail.

Can't have a better alibi than that.
har!..good one
`ol Ger
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7/21/2009 10:13am
motogeezer wrote:
I say we go burn the place down while he's in jail.

Can't have a better alibi than that.
Smile

The Shop

7/21/2009 10:15am
I got people showing up to my door at least once a week trying to sell me shit. I think I'm going light the next dude on fire.
jtomasik
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7/21/2009 10:17am
"I think all sorts of people get frustrated with all sorts of businesses," said Ed Postawko, chief warrant officer in the Circuit Attorney's Office. "The solution is to don't patronize that business, it's not to break the law. ... Two wrongs don't make a right."


But, it's ok for the business to patronize the individual? Yeah, what he said was over the top, but when a telemarketer makes a comment like that, they're just asking for it.
noob
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7/21/2009 10:24am
Did somebody fuck with that dude's stapler?


7/21/2009 12:32pm
"I think all sorts of people get frustrated with all sorts of businesses," said Ed Postawko, chief warrant officer in the Circuit Attorney's Office. "The solution is to don't patronize that business, it's not to break the law. ... Two wrongs don't make a right."

So did he admit that the business was in the wrong? Hmm.
txmxer
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7/21/2009 1:16pm
how about the AG shutting these sh1tholes down as a solution?

That would be a much more valuable service to the public.

I'm sure there are laws on the books that could be used on these SOBs. Hell, I get automated telemarketer calls frequently. Occasionally, I'll wait for the human and try to explain that they need to stop calling me. Do that and they just hang up on you.

Once I argued with the guy and he said, "I have a right to make a living", I said, "Yeah, but not off me you @#$@#$".

the other day I got one on the phone. I waited a second. Then just let out some frustrations. It was wrong. I was having a bad day...but suddenly it was much better.
JPT
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7/21/2009 2:05pm
Going off on those scammers is fine, but threatening to burn down buildings and kill people was a dumb-assed move.
Void Main
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7/21/2009 2:11pm
JPT wrote:
Going off on those scammers is fine, but threatening to burn down buildings and kill people was a dumb-assed move.
Hey, they called him, he didn't call them. If they don't want to hear it then don't bother the man in his own home.
SteveS
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7/21/2009 2:17pm Edited Date/Time 7/21/2009 2:18pm
Actually, Void, the story says the man called the telemarketing company, which had written to tell him his extended warranty had expired (except that he had never purchased an extended warranty).

As to the attorney general, the last one said he was going to get rid of scammers, but in two terms didn't. Now he's the governor.
JPT
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7/21/2009 2:28pm
JPT wrote:
Going off on those scammers is fine, but threatening to burn down buildings and kill people was a dumb-assed move.
Void Main wrote:
Hey, they called him, he didn't call them. If they don't want to hear it then don't bother the man in his own home.
I've given them an earful myself a time or two. Calling them the bloodsucking leeches they are is fine, but when you indulge yourself and start making specific threats you give them the power. There are reasons it is illegal to make those kinds of threats and the law can't include "unless they really got it coming". That makes it a dumbassed move.

Actually this may be a good thing. Those scammers will have to come out of their holes if this thing goes to court. What people should do is help get the guy a good lawyer whose main purpose is to expose the practices that lead to the incident. Point out how it was the company's attempt to commit faud that lead to this guy's meltdown.
motogeezer
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7/21/2009 2:28pm
Here's how a friend of mine deals with telemarketers:

He pretends to be interested, then says, "Hold on, someone's knocking on my door."

A few minutes later, he gets back on the phone and acts interested again.

"Hold on, I've got another call coming in."

A few minutes later, "What were you saying about...."

"Hold on, my kid just fell down."

Ad infinitum.

Eventually, they hang up on him.

And they never call again.
Void Main
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7/21/2009 2:42pm
I used to do the same thing. I would answer and then say "hang on a minute" and just set the phone down. After about 30 minutes I would hang it up. I have a new way to deal with it now. I finally got callerID on the land line and if I don't know the number I don't answer the phone. They never leave a message. The phone used to ring a half dozen times a day. Lately we haven't gotten any calls. I think they are all in cahoots and keep track if someone answers the phone.
Biscuit
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7/21/2009 2:57pm
You guys are missing the point. Charles W. Papenfus did this because of the enviroment he comes from. He was just horse playing. Thats really all it is to it. These legal types just did not understand because they arent from that type of enviroment.That man had been subjected to talk like that for years and just thougt it was ok. He is just a victim of circumstance.Wink
motogeezer
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7/21/2009 3:03pm
Biscuit wrote:
You guys are missing the point. Charles W. Papenfus did this because of the enviroment he comes from. He was just horse playing. Thats really all...
You guys are missing the point. Charles W. Papenfus did this because of the enviroment he comes from. He was just horse playing. Thats really all it is to it. These legal types just did not understand because they arent from that type of enviroment.That man had been subjected to talk like that for years and just thougt it was ok. He is just a victim of circumstance.Wink
Grinning
7/21/2009 3:08pm
I can't imagine its the only threat like that they have ever received. I had those warranty calls comming in from all over the country at one point. They used a computer and half the time when I picked up the phone nobody would be there. I would like to see them blown up for sure.
Rooster
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7/21/2009 3:15pm
Shit I get the automated calls from that company too. All the way up here in Canada.

When I called them to get removed from their list the guy that answered was a first class prick.

I still get calls from them.
Void Main
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7/21/2009 3:19pm
Do you have it? Looks like it is available with invite and you can ask for an invite:

http://www.google.com/googlevoice/about.html#

It was the same way with gmail when it started. I'll have to read up on Google Voice and see what it's all about. I don't have a problem with my cell phone because I don't give that number out. I use my home phone basically as a spam magnet. Most all of my friends and family call me on my cell.
motogeezer
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7/21/2009 3:58pm
This actually works pretty well:

https://www.donotcall.gov/

Quick, easy, and free to sign up.

I've been on it for several years.

I still get solicited now and again, but once I tell them I'm on the Do Not Call list, they hang up immediately, and never call back.

I still get calls from the same "charitable" organizations over and over, though.
JPT
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7/21/2009 4:07pm
As pissed off as people are how are they making any money on this thing. Do people finally give up and buy something? From what I hear the "warranty" is useless.
Void Main
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7/21/2009 5:50pm Edited Date/Time 7/21/2009 6:00pm
It will work with my land line? How does that work?

EDIT: Never mind. I just watched the video and it's pretty simple. I just asked for an invite although I don't know yet how I will use it. I'm happy with how I am currently dealing with telemarketers but it looks like I could make use of the service for the other cool features.
txmxer
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7/21/2009 7:54pm
motogeezer wrote:
This actually works pretty well: https://www.donotcall.gov/ Quick, easy, and free to sign up. I've been on it for several years. I still get solicited now and...
This actually works pretty well:

https://www.donotcall.gov/

Quick, easy, and free to sign up.

I've been on it for several years.

I still get solicited now and again, but once I tell them I'm on the Do Not Call list, they hang up immediately, and never call back.

I still get calls from the same "charitable" organizations over and over, though.
been on it for years. This particular system is a big ass loophole.

If they use an automatic "random" dialer and computer system, they block the phone number and you never even know who's calling. If you wait through the system, they hang up on you the moment you try to tell them you want off their list.

I have tried to get them to give me a callback number and they won't do it.

It's a big ass scam. The people that run these need to be choked with their own junk. The people that work their should get community service and be homeless.
RonSkj
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Fantasy
7/21/2009 8:33pm
motogeezer wrote:
I say we go burn the place down while he's in jail.

Can't have a better alibi than that.
I have forwarded this on to the Fostoria, Ohio, police station.


Expect a call...

something about a bar fight.

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