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Telemarketers Held Accountable ... In Theory

Posted by Hemos on from the we'll-see dept.

str83dge writes "The House of Representatives just passed H.R. 90 which amends the Telecommunications Act to prohibit telemarketers from circumventing caller ID. People can file suit against the telemarketers for minimum damages of $500. Privacy.org has a story here. Question: if they circumvent caller ID, won't it be difficult for the average person to determine who actually is calling them? Let's just hope they take this a step further and apply it to spammers. :)"

22 comments

  1. That's too bad by jodonn · · Score: 2, Insightful

    Currently, whenever a telemarketer calls me, the caller ID reads "Unavailable." So I don't pick up the phone. It's very handy.

    If they started displaying real phone numbers, they'd be tricking me into thinking that someone I want to talk to is calling and I'd answer.

    1. Re:That's too bad by Anonymous Coward · · Score: 1, Funny

      Currently, I pick up the phone, get their name and address, and send them a bill of $500 for calling me on my cell phone.

    2. Re:That's too bad by Michael_Jarvis · · Score: 2, Interesting

      Currently, whenever a telemarketer calls me, the caller ID reads "Unavailable." So I don't pick up the phone. It's very handy.

      A lot of times when a telemarketer calls my home, the caller ID box reads "No Data Sent". Maybe that will stop if this law passes.

      What I wish is that there would be a law that requires them to reveal where they got your phone number. I have an unlisted phone number, yet I still get telemarketers calling.

    3. Re:That's too bad by Kris_J · · Score: 2

      Your phone number is only a string of numbers. They don't look it up, they just generate it. I'll bet that secret service numbers get called by telespamarketers all the time.

    4. Re:That's too bad by innocent_white_lamb · · Score: 1

      I have an unlisted phone number, yet I still get telemarketers calling.

      Sequential dialers, like the old-time "war dialers" from a few years back.

      555-1111 - no answer
      555-1112 - no answer
      555-1113 - pass call to salesman

      555-1114 ...

      And so on. Sooner or later they get to you.

      --
      If you're a zombie and you know it, bite your friend!
    5. Re:That's too bad by Dr.Dubious+DDQ · · Score: 2
      If they started displaying real phone numbers...

      They'll probably do what I've already seen at least one of them do. I'm not sure how they manage it, but for I while I had one telemarketing company sending a bogus phone# to my caller ID box. (I.e. I tried calling the number back and got the 'there is no such number' sort of message...)

      I typically have been forced to resort to not bothering to pick up the phone if I don't recognize the phone#, let alone if it says 'unavailable'...

      --
      Hacker Public Radio is our Friend
    6. Re:That's too bad by Monte · · Score: 1

      They'll probably do what I've already seen at least one of them do. I'm not sure how they manage it, but for I while I had one telemarketing company sending a bogus phone# to my caller ID box. (I.e. I tried calling the number back and got the 'there is no such number' sort of message...)

      I worked in a building with, I dunno, a few hundred other people, some of which were CSR folks. All the phones went through our switch (Lucent? Don't remember), and from there out to the world. And the switch was configured so it anyone called you from inside that building your caller ID would display the receptionist's number.

      Which made for a big PITA for the receptionist - she'd constantly get calls saying "You called me twenty minutes ago. What do you want?" - when it could have been anyone in the building that placed the call, and she had no way of knowing who. When she tried to explain this, many people would get abusive and swear that the caller ID said this was the number so stop lying, etc (it's from the phone company, so it has to be true, right?).

      It got to be so bad that they reconfigured the switch to not send caller ID info.

  2. Anyone filed? by Anonymous Coward · · Score: 0

    Has anyone on here successfully filed these lawsuits? I've gotten two telephone solicitations on my cell phone so far, but I haven't done anything about them. Maybe when I'm up to 10 a week or so I can start suing, and quit my day job.

    1. Re:Anyone filed? by Masem · · Score: 4, Informative
      It's a little early to be suing under this rule. It's only been passed by the House; the Senate needs to pass the same, then they need to resolve any differences, then they need the Prez' signature to get it into law.

      At least, as a good thing, I would figure this would easily pass a Democrate Senate, and already has the blessing of the Republican House (which I would think would be more friendly to telemarkers than the Senate).

      --
      "Pinky, you've left the lens cap of your mind on again." - P&TB
      "I can see my house from here!" - ST:
    2. Re:Anyone filed? by Anonymous Coward · · Score: 0

      I'm talking about the already existing telecom rule against cell phone solicitations...

    3. Re:Anyone filed? by Anonymous Coward · · Score: 0

      Solicitation calls to a cellphone are already illegal, because the phone owner has to pay for the call. Ask your cell provider about it.

  3. No problem if they circumvent Caller ID by Red+Moose · · Score: 1
    Why would it be a problem? To sll you the shit, they have to identify themselves or their company, or give you a contact number, and address, website.

    BUt essentially, they circumvent Caller ID to get you wonder who it is calling, but after that they have to tell who they are to get you to buy, so it's all okay to go after them.

    --

    Acting stupid isn't much fun when there's someone around who knows better

    1. Re:No problem if they circumvent Caller ID by LordNimon · · Score: 2

      The problem is that the person calling you generally doesn't work for the company making the product/service they want to sell. They usually work for a telemarketing company.

      --
      And the men who hold high places must be the ones who start
      To mold a new reality... closer to the heart
    2. Re:No problem if they circumvent Caller ID by Anonymous Coward · · Score: 0

      Sounds like conspiracy... Both companies should be accountable.

    3. Re:No problem if they circumvent Caller ID by GTRacer · · Score: 4, Informative
      True dat!

      I used to have a FirstUSA credit card and they sold our name to a list. Funny thing was, they had my wife's name on the card INORRECTLY, and as she was the primary, the telemarketing weasels would call asking for her by the wrong name - dead giveaway.

      To make things more fun, they'd swear they WERE FirstUSA and all they needed was our address. Su-u-u-ure you're at FirstUSA Corporate...where do you think the bills get sent? Anyhoo, I cancelled FirstUSA and told a supervisor I didn't appreciate the telemarketers, the lies, and the fraudulent charges for "services" we never agreed to.

      God Bless America!

      GTRacer
      - "If I could have just a few moments of your time..."

      --
      Defending IP by destroying access to it? That makes sense, RIAA/MPAA. Go to the corner until you can play nice!
  4. Any way of finding out who is calling? by BillTheKatt · · Score: 1

    I hate telemarketers and SPAMMERs. Quite a few telemarketers just hang up when I ask them to remove me from their list. Is there any way to make the phone company tell you who is calling? If there's a law against it there should be some way of finding out who is calling you. I live in PacHell land, and their operators could care less about it. I've spent hours on the phone trying, and can't get anyone to help. Has anyone else had any success?

    1. Re:Any way of finding out who is calling? by camusflage · · Score: 2

      Has anyone else had any success?

      Sure thing. I've sued and won before. Last time was when AT&T called me three times in four days. Best way to do it is to play along until they give you enough to identify them. Even if it's a contracted company doing the company, it's the company they're calling on behalf of that is responsible.

      --
      The truth about Scientology, Xenu, and you: Operation Clambake
  5. Residential ANI by Happy+go+Lucky · · Score: 3, Interesting
    The 800/888 numbers have a feature called Automatic Number Identification, which gives the number from which a call originated. And ANI is basically unblockable. The telcos have realized that toll-free operators, who pay for incoming calls, should be able to know who's calling.

    And I'd give my left nut to be able to get that on regular residential service:
    "Hi, I'm from the Fernwood Chicken Shack and Long-Distance Telephone Service, and I'd like to..."
    "You'd like me to immediately place me on your do-not-call list and.." *CLICK*

    But with ANI, I have the callback number. I can finish the do-not-call demand, and if they disregard it, then I know where to send the process server.

    I think that's why Qwest isn't offering it. They make too much money from their telescammers.

  6. Email too? by Lish · · Score: 1

    I wonder if this could be extended to include email marketing, such that falsifying From: headers in sales-pitch email would be illegal? Not that it would stop most spammers, but still, it's the same idea.

    --
    "This message is composed of 100% recycled electrons."
  7. Time to start a blacklist by dfeldman · · Score: 1
    If this becomes law, it will afford us a powerful weapon against telemarketers. Just as MAPS and ORBS (used to) maintain registries of problematic mail relays, we can maintian a registry of telemarketers. What can we do with this? Well,

    • Telemarketers are regulated under Federal law. If many people complain about a given telemarketer, their sworn statements could be use to severely increase the penalties to particularly abusive companies.

    • Statistics can be collected to create a "most annoying companies" list.

    • Blacklists can be created to discourage consumers from patronizing companies with evil telemarketing practices.

    • Users with an always-on connection can query a MAPS-like server in real time to determine whether to answer an incoming call with a handset or with a screeching 'ATA' modem tone.



    Since so many of my friends show up as "unavailable" on my caller ID, I welcome this measure with open arms as a way to sort the wheat from the chaff.

    df
  8. We're better off the old way by dcavanaugh · · Score: 2

    "Number Unavailable" on the caller ID is as good as a blacklist -- actually better. The last thing I would want is for the teletrash calls to blend in with the legitimate ones.

    I rigged up my CID-friendly modem to ATA immediately on "Number Unavailable", and ignore everything else. Whenever I hear a second ring, I know the modem is letting the call go through. It's great fun to hear one ring and then -- nothing!

    Best of all is a statewide DNC list. Here in Connecticut, it has hit the Teleban like a "bunker buster". So much so that my CID trick is now shelfware. A mandatory national DNC list with whopper fines would solve the problem instantly.