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FTC Moves Forward With National Do-Not-Call List
netringer writes "The U.S. Federal Trade Commission is proposing some new regulations creating a national 'Do Not Call' list to keep US phones from being rung by telemarketers. Telemarketers who call a number on the list could be fined up $11,000. The new FTC rules also require that telemarketers have Caller ID enabled and limit abandoned 'hang up' calls from predictive dialers. The new rules have some loopholes, allowing calls from charities and businesses that have somehow gotten your permission or have done business with you before. The Direct Marketing Association is threatening to sue to save U.S. consumers from the potential loss of buying opportunities."
to set legal precedent for effective anti-spam regulations?
C|N>K
The DMA suing would basically be an admission that they use unethical tactics.
From from what I've read, this doesn't say that they can't call, only that can't call if the number they are calling is on the Do Not Call list (and also the Caller ID stuff, which is secondary).
Frankly, I don't see how this would in any way affect 'buying oppurtunities', as the list would be opt-in, and so anyone on that list DOESN'T want to hear from telemarketers; it's actually better for the marketers since they have a greater chance of reaching someone who might be their product.
This has been a test. Had this been a real emergency, we would have fled in terror and you would not have been informed.
Amusing that this do-not-mail list is maintained by the very group that is going to sue to stop the new do-not-call list.
What say we all get together and DoS DMA's infrastructure while this is in consideration? After all, if we were to keep calling them incessantly (and emailing, and whatever else we can do), it would certainly be an elegant form of vengeance, particularly if it impeded their ability to fight the FTC on this one. Don't forget to get the law firm that is "of counsel" to them in this matter :)
For your security, this post has been encrypted with ROT-13, twice.
Only if you do it online - if you actually send them snailmail, it's free. On the face of it, that seems sorta dumb (it must cost them >>> more to process a letter than the results of a web form), but if they made it too easy to sign up for the list, too many people might do so.
That being said, you should remember that, overall, direct marketers don't want to waste their time and money contacting you if you _really_ don't want to buy. Their hope is that some people who might say "I want off the list" will actually buy, when they're called or mailed.
From the FTC site: (http://www.ftc.gov/bcp/conline/edcams/donotcall/)
"Once the Commission gets Congressional approval for funding, it will begin implementing the registry. Consumers will be able to begin signing up for the national "do not call" registry about four months later. About three months after that, the FTC will begin enforcing the registry, and consumers who have signed up will start receiving fewer calls. Consumers will be able to register for free online or by calling a toll-free number. The Web address and phone number for registration will be posted on this site when they are determined."
I'm not sure I could support a legally enforced `do not spam' list. In fact, I have mixed feelings about the `do not telemarket' list, despite the fact that I hate telemarketers (AT&T has called me trying to sell long-distance service about five times in the past few days!).
The issue of the government controlling use of technology is what gives me reservations about making spam illegal. Electronic mail's vulnerability to spam is a flaw in the design of the system itself. We should not attempt to solve this problem by introducing regulations that ban certain uses of electronic mail. When you think about it, a federally enforced do not spam list would be a similar approach to that taken by the DMCA. The DMCA attempts to reduce copyright violations by outlawing the distribution or use of software that exploits flawed copy-protection schemes. A federally enforced do not spam list would attempt to reduce destructive uses of email by outlawing certain uses of the flawed electronic mail system.
What about alternatives? In general, we should look for a technological solution to this technological problem. The Bayesian spam filters that everyone has been talking about seem promising. Some system involving only accepting messages signed by trusted sources may also be possible. Of course, you can't list every source you would like to accept mail from, so a system like this may take some hard thought.
Anyway, we may not find a perfect solution to the spam problem immediately, but my point is that government regulation is A Bad Idea.
"Screens unidentified calls and lets you handle them however you like. Works with Caller ID, prompting unidentified callers to announce who they are before your phone rings."
So anyway, it's apparently been working great. They used to get 5-10 calls a day at all hours. It's been a month since they signed up, and so far they get none from what I've heard. Could be a solution to telemarketing, although I don't like the fact that we have to pay for protection. I'd rather let the telemarketers pay fines, and maybe throw them in jail.Verizon offers call intercept for $5/month, which sounds like what you have. I wonder however if it's really worth $60/year.
I've had pretty good luck by politely requesting: "Add this number to your no-call list"; so far, every telemarketer has understood this request. Some of them have read me a warning that it will take X weeks to propagate.
My 2-3 telemarketing calls per day have decreased to perhaps one or two per month, mostly these recorded pitches for satellite dish sales and Disneyland vacations. I have taken to writing down the toll free numbers, calling them up and making the no-call request.
One problem I've heard mentioned about a national no-solicitation law is that non-profits will get lumped in. Also, during election season I got a million recorded and live calls; I don't like'em but I can understand why they do them. Perhaps there should be a check-box for what kind of organizations you want excluded.
it's = "it is"; its = possessive. E.g., it's flapping its wings.
Missouri Do not call list
This has been in effect for a while and they even follow up on complaints.
I VERY rarely get unsolicited calls anymore. Usually when I do, they are charities asking for money.
I still get junk faxes at 2am on occassion and according to this I'm screwed.
The man who trades freedom for security does not deserve nor will he ever receive either. - Benjamin Franklin
Or do telemarketers get paid based on the number of calls made, without regard to the number of actual sales? I can't imagine any of their clients would be willing to pay on such a basis, but I guess stranger things have happened.
Has anybody noticed that telemarketers are already making evasive maneuvers to elude the "please do not call me again" warning?
t imegoodbye."
Sample:
[phone rings]
Me: "Hello?"
Telemarketer: "Yes, I just know you'll be pleased with our offer of Product Y."
M: "Sorry--"
T: [interrupts] "OkaythenI'llcallbacksomeothertimethankyouforyour
[click]
As long as they can "complete the call" and hang up before you can identify them and make that "do not call" demand, they simply put you back in the call carousel for the next round of pitches. They want to preserve you as a potential resource. All they're looking for is the tiniest negative reaction to trigger that defensive response.
A good countermove is to engage the caller first. Make them jump through your hoops.
Sample:
[phone rings]
Me: "Hello?"
Telemarketer: ""Yes, I just know you'll be pleased with our offer of Product Y."
M: "Can I ask you two questions?"
T: "Sure."
M: "What company do you represent?"
T: "Company X."
M: [quickly] "Put me on your do-not-call list immediately. Can you do that for me? I do not want to receive any more calls from your company."
Write the company name down and the time of the call. Get the caller to spell it out if you're not sure. Keep a list of these calls available whenever the phone rings.
Solicitors are required by law to identify themselves clearly, and to comply with any "do not call" demand. One by one, they can be made to comply.
"Folks just call him Buckethead." -- Les Claypool
1) Never give your phone number out at the cash register. I can't beleive the number of people that will give thier number, that makes a legitimate buisness relationship and they can call for another year and harass you.
2) "Take me off your list" and "I don't ever want to receive a call from this marketing company either"
3) They are required to provide you with name and contact information if asked. If you are on a DNC list demade the info and tkae the 2 minutes to fill out the web form that most states have.
As for the charities and political calls. Sorry, the Supreme Court has always help political and non-commercial speeach with high reguard ( as we all would hope ).
Since I have been on the NY DNC list I have received only a few annoying telemarketing calls and those were from people that disreguarded my previous attempt to legaly make them stop calling. They have since stoped since I filed a protest with NYS. Now if I could only get the Damm Red Cross to stop calling.