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FCC Proposes Fining AT&T Over DNC Violation 392

Iphtashu Fitz writes "The FCC has just announced a proposed $780,000 fine against AT&T for violating the recently enacted Do Not Call telemarketing rules. The FCC charges that AT&T marketers called 29 consumers on 78 different occasions after those consumers had signed up on the Do Not Call list. The FCC has posted a press release (pdf) to this effect on their web site."
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FCC Proposes Fining AT&T Over DNC Violation

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  • by djh101010 ( 656795 ) on Monday November 03, 2003 @04:40PM (#7380552) Homepage Journal
    Glad to hear that there is an enforcement of the DNC happening...getting legal precedent set is important, so that we know that the law is truly in force.

    On a practical note, this way when the telemarketers call, we can know that we're dealing with a felon, and proceed accordingly.
  • Excellent (Score:2, Interesting)

    by GaelenBurns ( 716462 ) <gaelenb@assuranc ... es.com minus bsd> on Monday November 03, 2003 @04:42PM (#7380588) Homepage Journal
    I'm glad to see AT&T being held accountable in particular. I've got a personal vendetta, you see... they called us all the time before the DNC, trying to get us to switch to them as long distance providers. Despite never agreeing to switch to them, we suddenly began recieving bills for long their long distance program. The funny thing is, we never use long distance... that's what cell phones are for. Suckers.
  • by Anonymous Coward on Monday November 03, 2003 @04:43PM (#7380612)

    if ATT etc move their callcenters to India/China, will they still be bound by USA law ?

  • AT&T? (Score:2, Interesting)

    by dR.fuZZo ( 187666 ) on Monday November 03, 2003 @04:44PM (#7380619)
    That's particularly interesting, since isn't it AT&T that was contracted to run the Do Not Call registry? I guess they really have no excuse for not following it...
  • by dtfinch ( 661405 ) * on Monday November 03, 2003 @04:44PM (#7380620) Journal
    Figure that 1 out of 100 consumers who receive calls in violation of the DNC submit compaints.

    Out of 300 who complained (probably slightly less, since some may have complained multiple times), 29 of them were accepted, or about 1 in 10.

    So one could assume that for every violation that was reported, investigated, and verified, about 1000 went unpunished.

    So the actual penalty comes out to about $10 per actual violation, reported or not.
  • I have to admit... (Score:5, Interesting)

    by Kr3m3Puff ( 413047 ) * <me@@@kitsonkelly...com> on Monday November 03, 2003 @04:44PM (#7380626) Homepage Journal
    I am impressed. The DNC registry has worked for me. I used to get calls all the time. The only people who call now are the bill collectors. I did get one charity, which quickly added me to their DNC list after I queried why they were calling me and I got one real pollster doing a real poll, which I don't actually mind.

    The only thing left is for the year to end so that the Must Transmit Caller ID information is in force. I thought it took effect the same time as the DNC, but it doesn't actually take effect to the new year. Anyone automated calling to your house must transmit caller ID information and they have to take proactive steps to actually transmit the information. No excuses.
  • by Althazzar ( 313749 ) <joost.joostdevalk@nl> on Monday November 03, 2003 @04:49PM (#7380684) Homepage
    The question is will they give any of this money to the people bothered by the calls? They were probably bothered once or twice during dinner, or at some other point of the day, but they took the time to call AT&T about it, and were called anyway... Maybe, just maybe, they will get some of this `pain' reimbursed...
  • by Bruha ( 412869 ) on Monday November 03, 2003 @04:49PM (#7380687) Homepage Journal
    AT&T Called me about a week after the list was turned on.. of course I got the name and number of the person calling me and then explained that I'm on the DNC list. Would believe she freaked out and asked to not be identified or report her company.

    I was like "I've been bombarded by spam from all directions for the last 15 years.. it's on my truck, my answering machine, my email and the d**n phone. You bed your telemarketing arse I'm reporting you."

    I did however leave her last name out of the complaint but ya know what.. at work if I screw up the FAA can fine me 10k.. they should be just as careful.
  • Third time's a charm (Score:3, Interesting)

    by Anonymous Coward on Monday November 03, 2003 @04:52PM (#7380719)
    Here's a telemarketing situation where I'm just waiting for the payoff. Our office has several blocks of 100 numbers each, most of which aren't in use and are forwarded to the front desk (because a client may have an old number). Some months ago a mortgage company started autodialing our blocks. Our receptionist went from calm to frothing at the mouth in 60 seconds flat, and eveyone else was getting either a hangup call or a voicemail left for them.

    I called the 800 number in the voicemail I personally received, got a manager on the line in record time (it helps if you sound like you want to confirm your satellite recon for the imminent airstrike) and explained that we had a block of numbers, that they were calling ALL of them and to please stop right-fucking-now. I then did the usual bit about do not call lists and a copy of the policy (which I never got). The do not call list was tough, since numbnuts didn't grok the "I have several hundred consecutive numbers" part very well.

    The next day they did it again. I got another manager on the line, who was significantly less than understanding about the whole affair. In point of fact, he seemed dismissive of the whole fact that I had complained the day before and tha the was perhaps a bit offended that I was trying to interfere with his attempt to rescue a failing mortgage business. I reminded him about the FCC's $500 per call regulation and he got offended. Go figure. Apaprently the fact that the Federal government might put him out of business wasn't a factor in his worldview. I rang off.

    And called the local police department and reported a couple hundred harassing phone calls. I leaned heavily on the second manager's attitude toward my request of the previous day and on his utter disregard for Federal codes covering his business. I named both managers in the complaint. These guys are less than fifty miles from us and in the same state, so it could happen.

    We have a case number. Some day they'll screw up, and then a telemarketing manager will do the Perp Walk. I'll be sure to put whatever details I can on a website so we can all share the joy.
  • by blizzardsoup ( 710498 ) on Monday November 03, 2003 @04:57PM (#7380783)
    I'm not suprised in the least that AT&T got tagged for violating their own (not the FCC) DNC list. They are one of the most relentless telemarketers.

    I was getting about a call a week from them when I finally demanded to be placed on their DNC list. Immediately sfter the request, they began calling 2-3 times a week.

    When I asked why they kept calling, they lamely said it took 6-8 weeks for the DNC request to be propagated throughout all of their call lists. Only after roughly 8 weeks (and my launching into a profanity laced tirade on each call) did the calls cease.

  • by dukeluke ( 712001 ) <dukeluke16.hotmail@com> on Monday November 03, 2003 @05:01PM (#7380828) Journal
    Right On!

    Who has the right to 'steal' from me? Don't we have a law against the theft of money? Or, are we all too lazy to itemize our phone bills and realize that yes - we paid a few pennies here and there because of some Telemarketer... If we have a DNC list - and someone breaks that list - I believe the FCC, in the best interest of citizens abroad, should fine that company.

    Yes - I believe in Freedom of Speech - but, I also believe that I have the freedom to be left alone and not terrorized by companies. I also believe that if I ask you not to bother me - a restraining order - and you break that order, then you should be fined/jailed.

    Let's All Ban Together and Support our PERSONAL PRIVACY!
  • Easy to nail ATT.... (Score:3, Interesting)

    by MisanthropicProggram ( 597526 ) on Monday November 03, 2003 @05:02PM (#7380834)
    because they're so big.

    Last week, I got a telemarketer call - yes, I'm on the DNC list. I started slyly asking them,"so, what's the name of your company, again?" Then asked them, "what number are you calling from?"
    The lady then freaked-out saying that,"You're oon the DNC list! We're downloading the list now." and gave a bunch of other incredibly stupid reasons why they were breaking the law. In the mean time, I kept repeatedly asking for the number. They never gave it to me.
    So, I repported them to both the Federal and the State. And on the State's (GA), I placed in my complaint that the company refused to give me their number.

    I have a funny feeling that nothing will come of it, since I didn't get their number.
    Which leads me to another issue, how do you file a complaint when these shitheads know to game the system? Is the FCC just going after the big fish in hopes of curtailing the little fry? Which means, the little fry can make calls with impunity?

    My 3 cents

  • by larry bagina ( 561269 ) on Monday November 03, 2003 @05:10PM (#7380923) Journal
    Because the FCC is discriminating based on content. It's ok to scream out everynight if you're a charity, or a politician, or doing a poll, but it's not ok if you're selling credit cards.

    The FCC said that commercial calls were more likely to be fraudulent. There are plenty of charity scams, most politicians are full of shit, and there are a lot of "push polls". Selectively restricting is the problem.

  • by dukeluke ( 712001 ) <dukeluke16.hotmail@com> on Monday November 03, 2003 @05:11PM (#7380936) Journal
    Yes, I do understand where you're coming from.

    However, I am mostly attacking the ideologies of telemarketing/spamming.

    Telemarketing is a hindrance to the consumer - it requires the user to pay for the telephone use - and it invades upon their personal time - at the company's discretion.

    Spam is but little better - this utilizes the consumer's bandwidth - and on dial-ups - takes forever! (Consequently their time as well.)

    Mass mailing? - I can tolerate. Mass mailing does not drastically affect a consumer - and it allows them the ability to quickly, quietly, and leisurely explore the mail/sort the mail.

    As far as your theatre group - personally, I support theatres (and the rest of the arts). I would strongly suggest some flyers in public places. Maybe a select mailing to your previous attendees. Or, even a commercial?

    I do sympathize with your thoughts. And was hasty in my posting pertaining to "I'll come to you to find out what you have to offer."

    But, I do ascertain that telemarketing is horrific in their tactics!
  • Re:"Proposed" ??? (Score:5, Interesting)

    by Xerithane ( 13482 ) <xerithane.nerdfarm@org> on Monday November 03, 2003 @05:16PM (#7380984) Homepage Journal
    Jeezus, I'd love to have a "proposed" fine the next time I get a speeding ticket.

    It is a proposed fine. Go to court and offer a counter proposal by following the instructions printed on the back of the ticket. Chances are it will be substantially less. The only way it becomes the actual fine is if you don't challenge the proposal.
  • by Atryn ( 528846 ) on Monday November 03, 2003 @05:28PM (#7381091) Homepage
    I have a right to use my telephone service with being harassed by advertisers.
    Now if I watch television, I'm asking for advertising. "Please give me advertising!" I say. Of course, small guys can't afford TV ads. It's an unfortunate situation, certainly.

    Which brings up an interesting question... Would you accept a "free" phone service that could not be added to the DNC? I'm sure this is a market just waiting to happen.
  • by bizitch ( 546406 ) on Monday November 03, 2003 @05:42PM (#7381256) Homepage
    Got a call from one of these sleazebags (after 9:30pm) and after I whipped out the DNC on them they backpedaled and said they were simply conducting a "Survey" of my attitudes on long distance - and therefore were exempt from the DNC.

    You know the kind of survey - with questions like - "Did you know that AT&T now has the lowest per minute rate ... blah blah blah ..."

    Phuckers - hope they all burn in hell ..
  • by Anonymous Coward on Monday November 03, 2003 @05:51PM (#7381339)
    I probably missed the 29 cut but I sent a nasty demand letter recently on behalf of my elderly mother who was getting way too many calls - often one or more a day - all from AT&T. And all after she told them time and again to quit calling her.

    Mom doesn't even have long distance. The kids have to use a calling card (never 1800 CALL-ATT) to make a long distance call.

    I got her to sign a release so her congressman could expedite the FTC complaint that we also made on her behalf.

    No sympathy here.
  • by jfengel ( 409917 ) on Monday November 03, 2003 @06:22PM (#7381621) Homepage Journal
    I'd be only too happy to have www.rudemechanicals.com slashdotted. Give it a try. I'd love to be in a position to turn slashdotters away from a performance.

    Clearly word-of-mouth is most effective, but just as clearly if I weren't subsidizing this business, we'd never support ourselves long enough for word-of-mouth to function.

    There are other techniques, and it is unfortunate that some of those that should be available to me simply aren't effective right where I am. The local newspaper doesn't seem to have any interest in theater, and people don't read it anyway. Too bad, and it means I just need to get more creative. Besides, although a local newspaper should review theater, many other businesses don't get even that much free advertising.
  • by Anonymous Coward on Monday November 03, 2003 @07:17PM (#7382184)
    AT&T kept calling me on campus trying to get me to "switch" long distance providers, which was a curiosity.
    1) Our phone systems on campus and going off campus were provided by AT&T. Off campus calls are limited to local only.
    2) Each student was provided a long distance phone card which sent the bill to their student mail box.
    3) Only my parents have that number.
    Every time they would call, I would explain that I did not have control over the phone I was using and AT&T was my provider. There is no way I could convince them that I was already 0wned. After the fifth call I asked to not be called again.
    About a month later AT&T calls back trying to sell me phone cards. After having a complete spazztastic fit on the poor man, it was explained to me that when I asked to not be called, I was asking AT&T long distance to not call and that other groups within AT&T were permitted to call. I think that's BS but I wonder what the rest of /. thinks about this?
  • I like "Out of Area" (Score:1, Interesting)

    by Anonymous Coward on Monday November 03, 2003 @07:31PM (#7382334)
    I'm not looking forward to Must Transmit Caller ID come January. When the caller ID shows "Out of Area," I know it's a telemarketer, and I pick up and then hang up. I've even semi-automated this with my oldest daughter. If they start transmitting caller ID, I won't be able to sit on my duff while she runs to the phone, looks at the caller ID, and says "out of area."

    Think about spam; if every spam had the same from: address, how easy would it be to filter?

    Telemarketing is phone spam. Having the same from: on [almost] every telemarketing call makes filtering deliciously simple.

    -paul
  • by DAldredge ( 2353 ) <SlashdotEmail@GMail.Com> on Monday November 03, 2003 @10:28PM (#7383516) Journal
    How about this.

    1: I work nights
    2: I am unable to turn my phone ringer off because of kids in school and/or other emergencies.
    3: The ringing of the phone costs me sleep and causes me to be less well rested.

    Why should I have to accept that other companies have the right to contact me during my sleep cycle?

    They are free to use the postal service if they feel the need to contact me.

    As to the lack of coordination between telemarketers, the DNC list would provide that. But they don't want the DNC list, the want the right to bother everyone with a phone number.

  • by masonbrown ( 208074 ) on Tuesday November 04, 2003 @12:29AM (#7384054) Homepage
    I got a call a few weeks back, Saturday morning at 9AM from AT&T wanting to sign me up for long distance service. I quickly whipped out the "I don't have long distance, don't want it, have a no-pick on my service, and want you to place me on your do-not-call list immediately".

    The woman on the other end got very unpleasant very quickly, and asked "Is this [not-my-name]?" I told her that I was not that person, and that this is my phone number. She very quickly (and gleefully I might add) told me that if I was not the person whose name she had, then I was not authorized to place this (MY) phone number on a do-not-call list and that I would continue to receive solicitation calls until I signed up for long distance with AT&T. Then she hung up on me.

    That fucking pissed me off. The follow-up call to their customer service to file a complaint and add myself to the do-not-call list was not much better. After about 5 minutes of arguing with the guy that if I had an emergency, I would either dial 911 or go to a neighbor's phone, I finally just kept repeating "You're refusing to add me to your do-not-call list. Let me speak to your manager immediately." Took about 15 times of that with me getting louder and louder each time before he put me on hold for 30 seconds. Then the same guy came back to "confirm my information for the do-not-call list." He then proceeded to mis-speak my number not once, not twice, but 10 times, trying to get me to "confirm" a different number. Only after threatening with the manager bit again did he successfully repeat my number.

    As far as I'm concerned, these fuckers should roast in their own shit. About time the government is giving us the power to fight back, and I'm really looking forward to my first $11,000 bonus check from a telemarketer who refused to follow the DNC list.

    I'll never understand how they believe that infuriating the potential customer will successfully gain new business. And given the attitude I've gotten from telemarketers, I can guarantee you that the calls are NOT monitored for quality assurance.

"Everything should be made as simple as possible, but not simpler." -- Albert Einstein

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