FTC Announces Crackdown on Do Not Call Violators 162
Tech.Luver writes "The Federal Trade Commission today announced a law enforcement crackdown on companies and individuals accused of violating the requirements of the National Do Not Call Registry, resulting in six settlements collectively imposing nearly $7.7 million in civil penalties, along with an additional complaint that will be filed in federal district court.
The actions, brought by the Department of Justice on the FTC's behalf, are against companies ranging from adjustable bed seller Craftmatic Industries, to alarm-monitoring provider ADT Security Services and lender Ameriquest Mortgage Company. To date, consumers have put more than 145 million numbers on the Registry, indicating they do not want to receive calls from telemarketers at home."
Yeah!!! (Score:5, Interesting)
Re: (Score:3, Interesting)
Re: (Score:2)
Also I was a bit disappointed at the lack of mention of thumbscrews.
5 Year Limit (Score:5, Informative)
Make sure you contact your congress critter about the permanency of the DNC list.
Either that or just make sure to register again in 5 years.
Re:5 Year Limit (Score:4, Insightful)
Re:5 Year Limit (Score:5, Funny)
Re: (Score:2)
Re: (Score:2)
Remember people, if you want to be taken seriously, snail mail is the only way to go.
No, not anymore, unfortunately. Snail mail now just takes forever to get through because they have to process it all for hazardous materials after all the anthrax and white powder scares. The turnaround time is usually longer than Washington's attention span.
Email and phone is the way to get the point across in any reasonable amount of time, or take them out to an expensive dinner.
Re: (Score:3, Insightful)
Remember people, if you want to be taken seriously, snail mail is the only way to go.
No. Post-911, Anthrax scare, etc. the best option is ALWAYS to call or fax, especially for the federal government. If you snail mail, your letter sits in communication purgatory where it is treated as if it is filled with explosives or toxins. Once it's been cleared, it could be weeks.
I think GP's point was more in the direction of not using email if you want to be taken seriously.
Re:5 Year Limit (Score:5, Funny)
Re: (Score:2)
Re: (Score:2)
Re: (Score:3, Insightful)
Re: (Score:2)
Why would it be prior restraint? It's not the company's phone line they're using, they're not paying for it, why should they get any right to use that line without the owner's prior authorization?
Re: (Score:2)
(b) It's prior restraint because that's the term we use when the government restrains speech before it occurs.
Re: (Score:2)
It is? I was under the impression that I was the one footing the bill for my phone line. Nice to know it's the telemarketers, I'm sure they'll have no problem paying up when I send them the bill for the last 5 years of payments I've been making for their phone line, right? ... right? ... thought so. No, it's my phone line after all, I guess, since they aren't paying for it.
And telling them they can't use my phone line without authorization first isn't any sort of restraint on their speech. They can speak a
Re: (Score:2)
(Almost) No more 5 year limit (Score:2)
Source: http://www.ft [ftc.gov]
Re: (Score:2)
An idea I have is that the phone providers should offer a service that allows the called party to bill the caller for $100 by pressing a certain code during the call. That would probably be most effective.
And if you run your own switch through Asterisk it's also possible to add functionality where the caller is directed to an automatic
Re: (Score:2)
That would make it a lot easier for college students to borrow money from Dad.
Dad: Hey son, just checking in on you to make sure...
Student: *beep*
Dad: Why you little...!
On the other hand, now when I call one of my stupid vendors for support, they can auto-bill me for the privilege of waiting on hold.
Re:Or maybe go after the root of the problem. (Score:5, Interesting)
To stop callers, even if they are legal: (Score:2)
"Put me on your Do-Not-Call list."
--
U.S. Government corruption TimeLines [cooperativeresearch.org]
Example: Complete 911 Timeline, 3895 events
Re: (Score:2)
When I needed to call AT&T for some reason, I explicitly asked that they put my number on their Do Not Call list. The response I got?
"Sorry, we don't have one of our own. You need to register with the federal Do Not Call registry, and in about six weeks the calls will stop."
Re: (Score:2)
A paradise to scammers (Score:2)
To File a Complaint (Score:5, Informative)
Re: (Score:2)
My other favorite are the automated carpet cleaning calls that you get, number unavailable, that don't leave their number, name or otherwise and I'm not sure what purpose they serve other than to annoy.
Carpet Cleaning (Score:2)
These lists are good, but.. (Score:3, Insightful)
Re:These lists are good, but.. (Score:4, Insightful)
(I have nothing against NGOs/charities. If I wish to donate, I can find my own suitable organization without prodding.)
Re:These lists are good, but.. (Score:5, Insightful)
I'd take that a step further. If I wish to donate, its to a charity that won't be spending my money paying someone to coldcall people to whore for donations.
Re: (Score:2)
Re: (Score:2)
I was thinking about a project someone could do where they amass all charities on a website, and sort them by several metrics (admin cost ratio, independent review, reputation ranking, volunteer satsifaction, area of expertise, etc.) and then you'd be able to allocate optimally, and easily find new charities. This would be better than the hap-hazard system of people donating to whoever
Re: (Score:3, Informative)
NGO/charities aren't the only exemption in the law. The thing is so full of loopholes it looks like Swiss Cheese. For example, the DNC list has an exemption for anyone a company has dome business with in the past year or so. Of course, doing business hasn't been defined but that's just a technicality. In short, they tried to make opt-out the default for telemarketing just like they did with s
Re: (Score:2, Insightful)
Re: (Score:3, Informative)
Re: (Score:2, Interesting)
Convenient way to not only harvest your purchasing history, but it also gives them implicit permission to call your home and to allow their "partn
Re: (Score:2)
Re: (Score:2)
Now, yeah, I still get several calls a day from "Toll Free Number", but it's easy enough to just not answer those, and at least the phone isn't ringing constantly. This is one of the
Re: (Score:2)
I have a sneaking suspicion that there's an extremely loose "affiliates" clause in the definition of "business". Something along the lines of "Apple "affiliate" AT&T, sells an iPhone that uses "affiliate" AT&T's services, which can access "affiliate" GE's holdings, which includes "affiliates" NBC and the SCi-F
Re: (Score:2)
Re: (Score:2)
The Do-Not-Call Implementation Act of 2003 (Public Law No. 108-10, was H.R. 395 of the 108th Congress) was sponsored by Representatives Billy Tauzin and John Dingell and signed into law by President George W. Bush on March 11, 2003. This law establishes the FTC's National Do Not Call Registry in order to facilitate compliance with the Telephone Consumer Protection Act of 1991."
Complaints concerning telemarketing calls to homes and personal cell phones can be made to the Federal Communications Commission[6] and the Federal Trade Commission[7]. Note that both of these federal agencies are agencies of limited resources; the more succinct, specific, and complete a complaint, the greater the chance that it will be acted upon.
The Federal Communications Commission has created rules implementing the National Do-Not-Call Implementation Act. These rules are codified at the Code of Federal Regulations, title 47, Section 64.1200.[8] The rules should be consulted in order to determine whether a particular incident violated the rules and can result in enforcement.
In order to create an actionable complaint pursuant to FCC rules, an individual with a home phone or a personal cell phone is required to specify details of the infraction to the FCC. Typically this includes facts such as when the call occurred, the phone number called, the calling organization, the goods or services being marketed, whether the caller has any exemption status. Details of these rules can be found on the FCC's complaint form.[9]
As I see it, the devil is in the details; Congress Acts, and the FCC makes the rules. Who's running the show? The FTC or FCC? I'm too lazy to go read Section 64.1200, title 47 at the Code of Federal Regulations. I realize all are sock-puppets of Darth Cheney... I just don
Re: (Score:2)
The only way that we can get them to stop it so punish the company that hired them here in the US, because we
Re:These lists are good, but.. (Score:4, Informative)
Re: (Score:2)
Re: (Score:2)
Re: (Score:2)
Re: (Score:2)
aeschenkarnos wrote:
This could lead to the following: people turn their phone ringer off, allow voice mail/answering machines to screen their calls, and have an alternate system in place for people who need to contact them immediately (such as a pager). End result: telemarketers are completely
Re: (Score:2)
In the USA, the company that stands to benefit from breaking the law is liable for the actions of their agents, the marketers, no matter where the call center might be located. Ameriquest Mortgage, for example, had a horde of "resellers" making the calls for them, but that didn't keep them from getting fined.
Why not just ban all telemarketing (Score:3, Insightful)
NO ONE wants to be called by -random- telemarketers at home, selling what usually amounts to nothing but a flat out scam. It's preposterous we continue to accept it as a 'part of the market' or whatever it is that makes us keep allowing it to happen at all.
Re: (Score:2)
Probably by something a little more explicit than ticking/not ticking a tiny box. It also needs to be made clear that giving a business a telephone number so that they can respond to a specific query does not give them any cause to call that number for something completely unrelated.
Re: (Score:2)
That would be the First Amendment. It protects commercial speech. (See e.g. Central Hudson v. Public Service)
As with door-to-door soliciting, telemarketing relies on your implied consent, but that consent is presumed by default in our society. You can expressly withdraw it on an individual basis (e.g. telling a specific marketer to not call you / go to your door again) or by posting adequate notice (e.g. a do-not-solicit sign on the lawn). Th
Almost there... (Score:5, Insightful)
Now if only they'd remove the exemptions for charities and politicians, I'd call this a job well done.
Re: (Score:2, Interesting)
However, with that
Re: (Score:3, Interesting)
Re: (Score:2, Funny)
I regularly got calls from the Dove Foundation. Like one or two a month. Then I started doing this...
Telemarketer: This is calling on behalf of the Dove Foundation...
Me: (Interrupting) Oh, is that where I can buy some freshly killed dove to cook, and you donate the cost to help out some charity?
Telemarketer: Ack! Uh, no! (etc)
Me: (hang up) They've never called again.
Re: (Score:2)
I usued to regularly get phone calls about a free cellphone from Sprint. I promised myself that I wouldn't purchase a sprint phone because of that. I had almost forgotten about those calls.
They were damned annoying too because it was obviously coming from outside the country, during dinner, and they just wouldn't stop. If I were more of a conspiracy theorist, I would almost believe that they were calls being placed by a competitor using Sprint's name because they were
Re: (Score:2)
Re: (Score:2)
You DO know that this was a Republican tactic in many areas to smear the Democrats. You would receive a robocall claiming to have important message about Democratic Candidate "X" (fill in your local person here). The message would take a while, but of course, most people would have hung up in outrage (
US government served us well in this case. (Score:5, Insightful)
Re: (Score:3, Insightful)
Lost Jobs (Score:2)
I doubt putting Americans out of work was much of a concern for the politicians. The jobs would be gone in another 5 years anyway.
Charity exemption (Score:3, Informative)
The problem now is the charity exemption. Years ago I don't recall receiving anywhere near the charity solicitations that I do now. Charities seem to be popping up out of the woodwork.
For example, it used to be you'd get a call from a real local police person once a year, asking to donate to their fund, and receive tickets to their annual comedy show or some such where you could meet the actual people. Now there's the police safety education fund, the police widows fund, the police families fund, the police community fund, the state police fund, etc. etc. (I'm making up some of these names since I don't remember them, but you get the idea), most of which seem to have nothing to do with the local police dept and are obviously being made from telemarketing centers. Some of them offer official stickers to put on your house door or your car, with the unstated implication that it might be good to have them if you're stopped, or worse it might be bad not to have them... And double all this for the firemen's funds. Never mind the innumerable "special olympics".
I'm all for helping my local police, but this is ridiculous. I know some people have no trouble brushing them off, and I force myself to do that too, but with that twinge of guilt that some widow may now starve because of me (even though rationally I suspect it's a scam) - and I imagine many nice aunts and grandmothers are easily sucked into their pitches.
I know, call screening and all that. Unfortunately I'm an old-fashioned person who tends to answer the phone when it rings. On the other hand, I've come to recognize the few seconds of silence after I say "hello", and then the sudden telemarketing background noise when their computer switches me into the next free telemarketer. *Plonk*.
Re: (Score:2)
Keep track of the information; I'm not a lawyer, but I remember reading at some time that while Charities/Politics/surveys don't have to follow the DNCL, they do have to respect individual DNC requests.
First call in years... (Score:4, Interesting)
They started off asking for me by name, and I asked why. They said they wanted to do a survey. I said, 'Do you not know I'm on the Do Not Call list?' 'We're not trying to sell anything.' After about 2 minutes of nastily telling him that he was profiting from me, and therefore WAS selling something, he said 'We'll call back tomorrow.' and hung up before I could reply. That was at 5pm... Yeah, dinner time. Another 'Unknown' number called at 8pm, but I hung up before they could talk.
I'm hoping they do call back again today so I can yell at another one of them and waste their time. I'm asking for a manager straight off this time.
It's kind of nice to have someone to yell at again... It's almost a shame the DNC list works so well.
Re: (Score:2)
If they call, just demand to be placed on their do not call list, simple as that.
The real problem that I'm having is telemarketers who shamelessly break the law and use caller id blocking and such. And I noticed that the FTC didn't go after any of them.
Actually, I'm let down by this action, as most
Re: (Score:2)
This has the effect of making life more miserable for telemarketers as a whole, and thus makes it harder and more expensive for the companies to find staff. If everyone did this, we might even be able to make the whole practice uneconomical!
Re: (Score:2)
And yeah, he definitely didn't have the right attitude to be a telemarketer.
A clasic response: (Score:5, Insightful)
Jerry Seinfeld: Gee, I can't talk right now. Why don't you give me your home number and I'll call you later.
TM: Uh, I'm sorry we're not allowed to do that.
Jerry Seinfeld: Oh, I guess you don't want people calling you at home.
TM: No.
Jerry Seinfeld: Well now you know how I feel.
Is there a National Do Call Registry? (Score:3, Funny)
I'm sure lots of lonely people out there would like to sign up to such a registry!
Re: (Score:2)
Copy the Luke Johnson Phone Experiment.
Re: (Score:2)
DNCL uncharacteristic? (Score:2)
It is *literally* the only bit of significant legislation I can think of in the last 15 years solely designed to protect consumers, and punish abusive corporations.
Re: (Score:2)
Weaknesses of the DNC list (Score:2)
2. The phone companies should be forced to provide - at no charge - an option to reject calls with blocked or out of area caller ID. Even for those customers who don't subscribe to caller ID. Such calls are invariably sales or other solicitation pitches and, as they are always unwanted, harassing a
Everyone is calling (Score:3, Interesting)
Yesterday, I got called by "Asia," saying she was from a local Chiropractor's office and wanted me to come in for a "Free" Spinal Analysis.
I reported the call to the State licensing board, saying that if he is hiring "fly-by-night" telemarketing companies, it was possible that he is doing questionable practice. I also reported the call to the FTC and called my Chiropractor (who went to the same, very respected, College) to complain.
Usually, whenever I inform the caller that my phone is on a "Do Not Call" registry, they hang up and try not to give me any information about their company or whereabouts.
I used to live in an illegal sublet in NYC and all calls were for a "Mr. or Mrs SomeotherLastname." I would very calmly inform the caller that I was "Mr. SomeotherLastname's" brother from the midwest and that they had just passed away. I would very politely enquire if they had an open account with them or some other business with them. This was before the Do Not Call Registry was set up and it was very amusing to hear the reactions.
Re: (Score:2)
You obviously never lived in NYC.
Help for Canadians receiving calls from US? (Score:2)
The volume on these calls alone is deafening. The phone volume alone makes me feel like I'd really like to
No More Unwanted Calls on my Landline (Score:2)
Re: (Score:2)
I can't find it now, but there's more than a few google postings about this company. I had the number in my call display and it identified at least 2 companies that were responsible, then again with the call display records being rando
Try answering in another language (Score:3, Funny)
Missionary Work (Score:2, Interesting)
Settlements!? (Score:2)
Ameriquest? STILL? (Score:2)
ADT is awful (Score:2)
When we bought our home, we started receiving calls from ADT trying to sell us a security system. When I say that, I mean several calls every day: Sunday, Monday, Tuesday, etc. I always followed the procedure of "No I do not want your service. Remove me from your calling list." This continued for months. After 2 months I was pretty darn angry with them. I started contacting ADT direct, each time be
A better solution (seriosuly) (Score:4, Interesting)
When answering a call from one of these systems, you typically hear a pause while the system alerts the telemarketers that it has found a live human for them to speak to.
Upon hearing that characteristic pause, I now simply dial 25 to instruct my Canon ImageClass multifunction laser printer to accept an incoming fax and hang up, leaving the caller to be bombarded with shrill fax tones.
In the two months I've been doing this, the number of spam calls I get has dropped by 2/3.
Re: (Score:2)
Re: (Score:3, Informative)
Hardly censorship, and if you are trying to point out some sort of hypocricy, you are on weak footing
You might also note: companies are no allowed to drive around at 1am with a giant bullhorn aimed at homes, selling their products. CENSORSHIP!?!? No.
Re: (Score:2)
Re: (Score:1)
Re: (Score:2)
http://sluggy.com/images/comics/980326a.gif [sluggy.com]
Re: (Score:2)
More likely they couldn't find anyone prepared to do the job. Especially after the first few angry (and sleep deprived) mobs.
Whereas with someone doing the same by telephone you can't do much to retaliate.
Re: (Score:2)
Freedom (Score:3, Insightful)
Re: (Score:2)
Re: (Score:2)
Just read up on wiretapping laws before you hook it up. BTW, I think that it's been determined that if they have a disclaimer 'This call may be recorded' disclaimer counts for both sides.
Rules might be different if you're recording commercial traffic, a recording, or recording to catch a criminal in the act(like harrasing/threatening phone calls).
Of course, I'm not a lawyer, but it'd be interesting to hear from one.
Re: (Score:2)
Just reply:
"Really!! I guess I should call my water company and let them know that your company has definitively stated that their water is unsafe. I should probably call Clark Howard as well so that he may alert my neighbors to the terrible dangers lurking right beneath our very noses. Tell me oh wise telemarketing guy, what was your name again? I'll need to be sure I get it right when the attorneys contact me regardin
Re: (Score:2, Informative)
http://www.whocalled.us/ [whocalled.us]
I've had a couple calls from them and when I ask to speak with a supervisor, I get hung up on. They also list their number in the recording where you can call back, which prompts you to leave a voice mail or to hold on to talk to a representative. I think I called back about 25 times, each time holding for a minute and requesting to speak to a supervisor, each time I was hung up on. Oh the fun of Skype-Out calling the telemarketers wondering w
Re: (Score:2)
+1 Informative
Re: (Score:2)
Did you miss the memo or something?