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Communications Spam Your Rights Online

FCC May Permit Robocalls To Cell Phones -- If They Are Calling a Wrong Number 217

An anonymous reader writes There have been plenty of false rumors about cell phones being opened up to telemarketers, but now the FCC is actually considering it. From the article: "Consumers have long had the support of government to try to control these calls, chiefly through the Telephone Consumer Protection Act, which actually allows consumers to file lawsuits and collect penalties from companies that pepper them with robocalls or text messages they didn't agree to receive. But now the Federal Communications Commission is considering relaxing a key rule and allowing businesses to call or text your cellphones without authorization if they say they called a wrong number. The banking industry and collections industry are pushing for the change." In one case recently, AT&T called one person 53 times after he told them they had a wrong number...and ended up paying $45 million to settle the case. Around 40 million phone numbers are "recycled" each year in the U.S. Twice, I've had to dump a number and get a new one because I was getting so many debt collection calls looking for someone else. Apparently the FCC commissioners may not be aware of the magnitude of the "wrong number" debt collection calls and aren't aware that lots of people still have per-minute phone plans. Anyone can file comments on this proposal with the FCC.
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FCC May Permit Robocalls To Cell Phones -- If They Are Calling a Wrong Number

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  • Maybe it's time to abandon normal phones now.

    • Maybe it's time they fixed the phone system so that telemarketing scammers from Pakistan and India can't hide behind a North American phone number.

      Maybe it's time they fixed the phone system so that telemarketing scammers in North America have to show their real number.

      Maybe it's time to shut down all number spoofing systems.

      • by anarcobra ( 1551067 ) on Saturday January 17, 2015 @12:45PM (#48839439)
        Maybe it's time for phone companies to allow white lists for who can call a number.
        • Get one of these:

          http://www.amazon.com/PRO-Call-Blocker-Incoming-Telephone/dp/B00AZ43MGU/ref=pd_sim_e_3?ie=UTF8&refRID=1J6JDGKBWXFNN580TVKM [amazon.com]

          The only downside is that if you enable blocking of no caller ID, Unknown, 000-000-0000, etc, it will block legit calls if the caller ID doesn't show up fast enough. I LOVE mine. I was getting 2-3 calls per night with 5ish more per day on the machine. This stopped them. All of them. If one gets through, I push the big red button and it hangs up and adds t
          • This device appears to use a blacklist only, not a whitelist. According to the reviews, quite a few people are unhappy with it. Most junk calls seem to come from random numbers, so a blacklist is not an effective way to stop them. Blocking all non-caller-id is not effective either because many junk calls spoof CID, while many of my friends and relatives don't use CID out of privacy concerns.

            • Mine is whitelist capable, but that's too restrictive for me. I don't know what number my pharmacy will be calling from to confirm a prescription and I don't want to maintain that growing list of numbers. During the last election cycle I got 1-2 calls a night for about 2 days. By then all the major call centers had been blocked and I stopped getting harassed by pollsters and politicians. I even have a few entire prefixes blocked out due to high spam calls coming from that area code. My only complaint i
        • by Greyfox ( 87712 ) on Saturday January 17, 2015 @02:54PM (#48840301) Homepage Journal
          I run some software on my android phone that sends calls with numbers not in my contacts list straight to voicemail. If they're important enough, I'll call 'em back. Most of the time they're some very-low-quality recruiter or the newspaper asking me to pay to have them litter in my driveway.

          Back in the ol' Landline days, I ran a SIP gateway that went to an asterisk system. It would always ask you to press 1 if you weren't a telemarketer and 2 if you were. Option 2 would politely tell you to fuck off. I never got a telemarketing call after that. I'm guessing the VRU confused most of the robo-calling software they used. After a while I got fancy with it and installed SIP software on the cellphone I was using at the time. So if my phone connected up with the wireless network, it would register with the asterisk server and the asterisk server would ring the phone. If the phone was not available because I was away from the house, calls would go straight to voicemail. If you were on a whitelist, the asterisk system would ask you to hold on and then dial out over VOIP and connect the call to my cell phone. The software on my phone now works pretty well but I miss the power I had with Asterisk.

        • Well - my Android phone came standard with a call block app that says only allow calls and texts from contacts. So that solves that problem.
      • I'm afraid most of the voters don't share those sentiments. Nothing matters but cheap gas prices.

      • And while they're at it, prevent the same for the Indian recruiters.

      • Closing spoofing closes normal business trunking.
        Case in point.

        I have a DID line. No outgoing phone plan at all. Normal business applications is an 800 toll free number. Call it and an entire bank of phones ring for the first available operator.

        I also have several trunk lines. Mush like the local hotel. You know the drill. Dial 9 for an outside line. What was proposed is to give each of the trunks a FIXED phone number. You can call a trunk line, but they don't take inbound calls. Instead the PBX us

        • by Strider- ( 39683 )

          Now Customer Owned and Maintained Equipment (COME) has let the jeanie out of the bottle and there is no way to put the jeanie back in the bottle. I you have a business trunk line and a DID even over VOIP, setting your own line display name is a normal administrative task.

          Sure, but the telco should still sanity check the ANI provided to make sure it's a number permitted over that PRI (or whatever you're calling with). IE: if you order a PRI with a 100 block of DIDs, the telco should reject any number that's not within your block of DIDs. If you want outbound calls to match your toll free, fine, but you should have to register that with the telco to permit it.

    • What, people still have normal phones? Got rid of at&t years ago, when I realized my whole family used cellphones for everything.
    • Right. Maybe we should all switch to Skype, or Facebook, or email, for all our communication. The telemarketers would never find us there!

  • Once (Score:5, Insightful)

    by Nemyst ( 1383049 ) on Saturday January 17, 2015 @12:23PM (#48839283) Homepage
    I have no issue with them being able to call me without legal repercussions... once. After that, it's their job to update their robocall lists. I've informed them that they no longer have the correct number. Any further "mistakes" should be fully punishable.
    • Re:Once (Score:5, Insightful)

      by Anonymous Coward on Saturday January 17, 2015 @12:36PM (#48839387)

      Result of your request:

      800-555-1212 -- Nemyst -- Confirmed quality number with confirmed name, removed from our call database -- Placed on working number selling list

      • Result of your request:

        800-555-1212 -- Nemyst -- Confirmed quality number with confirmed name, removed from our call database -- Placed on working number selling list

        I used to be so kind to call center workers, asking them to remove from the call list, with all the please and thank you's i could give. But most of the call centers would call back (most likely due to the above).

        Now i tell them to "Fuck off", be abusive and swear my heart out. Surly that gets you put on the "black list" and removed from the system?
        Works for me in the UK.

        I feel sorry for the staff, but at the end of the day, their job is to piss people off and they know it.

    • by Kjella ( 173770 )

      This is actually a case where government regulation works, here in Norway there's a "reservation registry" against telemarketing, fixed and mobile phones. About 2.1 out of 5 million inhabitants have registered, never get any telemarketing calls. You can optionally reserve against ideal organizations too, though you can't reserve against surveys. There's a loophole for "existing business relationships" but it's pretty narrow and since that means you actually have business with them they're quite responsive t

      • by PRMan ( 959735 )

        We have that too. It's at http://donotcall.gov./ [donotcall.gov.] And you can register your numbers and it has a simple form to submit complaints. Companies still call by spoofing the caller ID and when you report that number, nothing happens.

        What you need to do is go along with them enough, pretend like you want their offer, but then say you heard about phishing so you need a real number where you can call them back. Then report THAT number. They get a fine for $11,000.

    • by AmiMoJo ( 196126 ) *

      The problem is that people with debts often tell the caller that they have the wrong number, even if they don't. Since the caller is basically powerless to do much else other than harass the debtor by phone, they keep doing it. I assume it must work in some percentage of cases, otherwise they wouldn't.

      People often have the same problem when they move house. Debt collection letters for the previous occupier, and occasional visits from debt collection agencies. There isn't much you can do, other than removing

    • I'd add another caveat - that once the error is pointed out, the caller ceases any attempts to market anything. Otherwise it's no different than them calling you and putting you on the "not interested" list.

      Also, this problem is somewhat unique to the U.S. Cellular subscribers in the U.S. pay for incoming calls. In most countries, it's the caller who pays, so they have a built-in incentive to avoid mobile phone numbers. (Long story short is that U.S. landline phone plans switched over to fixed monthl
  • good grief (Score:4, Interesting)

    by sribe ( 304414 ) on Saturday January 17, 2015 @12:23PM (#48839285)

    I've already had cold sales calls (from a person, not a robocall) where they ask for a non-existent person, I tell them they have a wrong number, and they launch into "oh, I'm sorry, but as long as I've got you on the phone, let me tell about the great deal we're offering on replacement windows..."

    It's just that the pacing and tone of voice made it clear to me that the whole thing was scripted in advance to go that way, that the "oops, sorry, wrong number" was simply a lie told in the hopes that I would not report them for violating the do not call list.

    • I get those from time to time so I accidentally give them the wrong name and address. I wonder who they sent out to the apartment complex.

      • by tlhIngan ( 30335 )

        I get those from time to time so I accidentally give them the wrong name and address. I wonder who they sent out to the apartment complex.

        Interestingly, most of those calls don't go anywhere. Even though you make an appointment, they often don't show up.

        The ones that do, are always in a nondescript van with no business name or anything. That's because they change names basically weekly to keep out of scam lists.

  • by RPI Geek ( 640282 ) on Saturday January 17, 2015 @12:23PM (#48839287) Journal
    The FCC complaint office is useless. I've submitted multiple complaints for robo calls and have never heard back from them.
    • by Livius ( 318358 )

      It's not useless. It creates the illusion that someone is listening to complaints.

      It was never their function to *act* on the complaints.

    • by PRMan ( 959735 )
      They don't call you back. But I worked for a company that got $88,000 in fines in a single month. So I can assure you they are getting fined. You just need to make sure you get to their actual number instead of the spoofed caller ID.
      • by pbhj ( 607776 )

        >But I worked for a company that got $88,000 in fines in a single month. //

        And still found it profitable to harass people by phone? Usually such fines are miniscule compared to the companies operating funds and so just get absorbed in to the costs of doing business rather than altering the company's behaviour.

    • That's frustrating, I know. Your complaint appeared to dissapear into a black hole. It actually went into a database. Once in a while they take look at the companies with the most complaints and that sort of thing. They do take action once in a while. Not as much as we'd like, but occasionally.

      I found out the FBI does similar for common, ordinary IT attacks involving malware, spear-phishing etc. They don't fully pursue every case individually, but they want to know so that they can spot a TREND of inc

      • As a Republican, I don't LIKE pointing out that the federal government occasionally does something useful, [...]

        And why is that? Any civilised nation must have a government. Why not be happy that is works? This whole `all (federal) government is evil' position is very immature.

        • It is true that every nation needs a government. It is also true that the government occasionally does what it is supposed to do. It may also be true that most of the US federal government is evil, especially at the highest levels. Let me cite a source for you: http://www.ibtimes.com/us-stil... [ibtimes.com]
        • I did put a smiley after that comment. Here's why I said that, jokingly. Some people reason as follows:

          If some government does one thing good (at a cost of $2 trillion), then ten times as much government will be ten times as good.

          Government is like alcohol - a little bit can make things more pleasant, too much leads to major trouble.

          • Government is like alcohol - a little bit can make things more pleasant, too much leads to major trouble.

            And Ted Kennedy get enough.

    • by Bengie ( 1121981 )
      I wonder if it can be reported as harassment and get the local police involved. Might not be able to get them fined, but you might be able to get a single party to stop calling.
  • The Federalist Society recently posted a podcast on this subject.
    http://www.fed-soc.org/multime... [fed-soc.org]

    The issues, and unintended side effects of The Telephone Consumer Protection Act are more extensive than you probably imagine.I recommend that podcast as TFA for this thread.

  • by Livius ( 318358 ) on Saturday January 17, 2015 @12:26PM (#48839307)

    Why are *any* robocalls allowed? In most (perhaps all) places they fit the definition of criminal harassment, and a computer certainly has no free speech rights.

    • by jtara ( 133429 )

      Why are *any* robocalls allowed?

      They aren't - at least in California. The law here requires a human caller to verify that the consumer wishes to hear the message. A human needs to talk to the call first.

      There are some exemptions - for political campaigns, emergency services, prior relationship (robe-call from your pharmacy that your order is ready) etc.

    • I mostly agree. But there are some kinds of robocalls that are actually helpful. Our kids' school, for example, uses a robo-call system to let parents know when school is canceled due to weather or other reasons.

  • "Sorry - wrong number," as a get out of jail free card? They might as well get rid of the phone protection part.

  • Um. At that point it is no longer a wrong number.

    Glad ATT got slapped.

  • ... for calls to cellular numbers: Caller pays.

  • anyone though it was a good idea to make some one receiving a call pay needs sacking from the FCC
  • by QuietLagoon ( 813062 ) on Saturday January 17, 2015 @12:33PM (#48839361)
    You mean I'll be getting MORE unwanted calls?

    .
    What is so difficult about the FCC understanding that I do not want calls on my mobile from robocallers and/or telemarketers.

    • You mean I'll be getting MORE unwanted calls?

      . What is so difficult about the FCC understanding that I do not want calls on my mobile from robocallers and/or telemarketers.

      What is difficult for people to understand is the difference between telemarketers and political opinion surveys. Politicians will never, ever give up their political opinion polls. There WILL be a loophole.

      • I understand the difference you say. But so long as we are talking about loopholes, you also neglected to mention the loophole that allows market researchers to cold call.

        .
        Now, if I could also stop those &*()&(^%^ political calls.....

  • by kheldan ( 1460303 ) on Saturday January 17, 2015 @12:34PM (#48839377) Journal
    I don't answer calls from numbers I don't recognize anyway, and I recommend everyone else do the same.
    • by NoKaOi ( 1415755 )

      I don't answer calls from numbers I don't recognize anyway, and I recommend everyone else do the same.

      That's not an option for everybody, especially those who use their cell phone for business purposes.

    • by chihowa ( 366380 )

      I've found that many of the telemarketers either use a random number with the same area code as the number they're calling or an 800/866 number for the caller id. I've had the same phone number since college and don't know anybody at all with that area code. So any call coming from my area code is a drunk misdial or a telemarketer. Very handy for filtering two classes of annoying calls.

  • by Spy Handler ( 822350 ) on Saturday January 17, 2015 @12:46PM (#48839453) Homepage Journal

    on their cell. See if they still wanna go through with this.

  • by gatkinso ( 15975 ) on Saturday January 17, 2015 @12:49PM (#48839481)
  • Well, I've sent in my complaint .. for what it's worth.

    "http://yro.slashdot.org/story/15/01/17/176248/fcc-may-permit-robocalls-to-cell-phones----if-they-are-calling-a-wrong-number Do not, repeat, DO NOT open up cell phones to telemarketing or any other dialing scam. While you're at it, put teeth into the current telemarketing scams, fake caller IDs, and all the rest. You KNOW what's going you; you just need to find the balls to do something about it. "

  • by johanw ( 1001493 ) on Saturday January 17, 2015 @12:59PM (#48839569)

    I mean, in Europe you don't pay if someone else calls you. So there is a common trick if some salesperson calls you "oh, one moment please", put the phone somewhere and check 30 minutes later if they are still on the line (usually not). Costs them money and time, not you.

    And on mobile phones you have programs to block numbers from phoning and smsing. Much easier than regulations.

  • ...to be able to have an entry in my contacts named "Spam", add the number of a telemarketer, block it, and never hear from them again.
    Caveat: Each time I add a number to "Spam", I must unblock, then block it. Apparently, the blocking action operates only on the numbers that are in the contact entry at the time the block is applied.

  • Wrong number = 1 call just one. 53 Calls = Harassment and should equal a fine. Once I say this person is not at this number they should be prohibited from calling again.

    • Autodialers don't dial wrong numbers. Only people are capable of that. If the autodialer did it, it was on purpose. The proposed change allows illegal autodialers to lie and say that it was a wrong number when it in fact was not.
  • How about a law that forces phone salesmen, charities and bill collectors to have a prefix to their numbers such that any phone can block 100% of those calls before the phone rings? Put teeth in the law such that anyone trying to bypass the law not only gets bankrupted but also spends time in a federal prison.
  • by Akaihiryuu ( 786040 ) on Saturday January 17, 2015 @02:03PM (#48839977)
    My phone only rings if the caller is listed in my address book with a custom ringtone. My default ringtone is silent. Everyone I know knows that if they call me from an unrecognized number I won't answer it, and all they have to do is leave me a voicemail. I also have premium txt messages turned off on my account.
    • by thegarbz ( 1787294 ) on Saturday January 17, 2015 @09:09PM (#48842295)

      Year works a treat until its the hospital / police / significant other who lost her phone is stuck and using a borrowed phone because of it. My wife thinks like you do. It was very strange calling the neighbour and having them walk over to our house to tell my wife to answer the phone because I needed her help.

  • Another loophole they use is, if you're on the do not disturb list, they're still allowed to call you if they're calling with a survey. The law didn't want to block research, so by adding a survey to your call it becomes legal, which means that a ton of companies do fake surveys which they throw away, just so they can call you without falling afoul of the law. Then, during the call, they ask if it would be alright to call you again. Since you just answered a nice little survey, you say sure. Now you'v
  • Its your own stupid fault for letting phone companys charge you for receiving calls.

    • by Shados ( 741919 )

      It originally was mainly because people would just call someone and quickly ask them to call them back, which kind of defeated the purpose.

      Now its pretty irrelevant since most people have unlimited plans and stuff, and only the cheapest of shittiest plans will have charges for incoming calls.

      But it makes for a good argument against shit like robocalls, thats why it sounds like its much more common than it is.

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