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."

Comments

Could this be used...

[inode_buddha]

to set legal precedent for effective anti-spam regulations?

Suing would be an admission...

[program21]

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.

It's Run by the DMA

[mashie]

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.

Re:Now

[bethenco]

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.

Has anybody noticed. . .

[Lagrange5]

Has anybody noticed that telemarketers are already making evasive maneuvers to elude the "please do not call me again" warning?

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'llcallbacksomeothertimethankyouforyourt imegoodbye."
[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.