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160,000 Join Massachusetts Do-Not-Call List

MacAndrew writes "The Boston Globe reported that over 160,000 people signed up since the first of the year for the state's new do-not-call list, which imposes penalties as high as $5,500 per violation. Nonprofit and political calls are exempt. This list is being implemented well in advance of the proposed FTC national do-not-call list. Residents can sign up by mail, phone, or online. Mass. officials predict a third of the 3 million residential lines will enroll. Legal challenge from marketers appears likely, although the Direct Marketing Association helpfully lists state do-not-call registries. Click here for the DMA's side of the story."

414 comments

  1. Political calls are exempt? by anotherone · · Score: 4, Insightful

    Why would political calls be exempt from this? They're trying to sell something. I might be convinced to agree that non-profit calls are alright, but political calls?

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    1. Re:Political calls are exempt? by John+Hurliman · · Score: 3, Insightful

      Lots of statistics rely on political surveys. I'm not sure if this allows all types of political calls, or possibly just non-biased ones such as surveys.

    2. Re:Political calls are exempt? by bmwm3nut · · Score: 5, Insightful

      Because it takes politicions to make the legislation to have a do-not-call list. do you think they want to make it harder to get reelected?

    3. Re:Political calls are exempt? by cant_get_a_good_nick · · Score: 2

      Why would political calls be exempt from this?
      You expect politicians to live by their own rules, to vote in restrictions on what they can do? Ha! The government also is exempt from a lot of labor laws.

    4. Re:Political calls are exempt? by DAldredge · · Score: 1

      Because they make the laws so they think they do not have to follow them.

    5. Re:Political calls are exempt? by Jonathunder · · Score: 2

      Why would political calls be exempt? It might have something to do with the fact that those who made the law are politicians.

      My state, Minnesota, also exempts political calls on its has do-not-call list. Like the one for MA, it has been extremely popular. In just three months, nearly half of the state's residential numbers have been signed up.

    6. Re:Political calls are exempt? by jeanluisdesjardins · · Score: 0

      It is the job of every citizen to be informed about elections and political candidates... Maybe they are trying to sell something, but it is something that citizens should not turn their nose up to...
      Speaking of politics, join my cause!

    7. Re:Political calls are exempt? by gpinzone · · Score: 3, Funny

      Congressman: A "do not call list," eh? My constituents will love this!

      Aide: What about businesses that rely on telemarketing?

      Congressman: Maybe if they can "persuade" me (nudge, nudge), I'll change my mind. Heh.

      Aide: But sir! How will we drum up support for our re-election bid?

      Congressman: Hmmm. Good point. Let's throw in a few exemptions for "political" campaigns.

      Aide: Won't that make you look hypocritical?

      Congressman: Nah, I just toss in "non-profit organizations" to deflect attention. It's a home run!

    8. Re:Political calls are exempt? by nomadic · · Score: 1

      Why would political calls be exempt from this? They're trying to sell something. I might be convinced to agree that non-profit calls are alright, but political calls?

      Because we're a democracy, and voting is such a fundamentally important part of that that restrictions on campaigning are very difficult to enact.

    9. Re:Political calls are exempt? by Anonymous Coward · · Score: 0

      They aren't selling anything in the literal sense. Stop being stupid.

    10. Re:Political calls are exempt? by Anonymous Coward · · Score: 0

      I joined your cause.

      Long live dot-fuckyou!

    11. Re:Political calls are exempt? by Anonymous Coward · · Score: 0
      "I can call voters from the vasty deep."
      "Why so can I, or so can any man; but will they come and vote when you do call for them?"
      - Shakespeare, King Bush II, Part 1.

      American voting is perhaps the lowest percentage in the "free world", worrisome! I very doubt that political telemarketing will help that much.

      "Put me on your 'will not vote for list'!"

    12. Re:Political calls are exempt? by bobKali · · Score: 1

      Why not have 3 lists, one for do not call commercial, one for do not call political and one for do not call non-profit? I'd sign up for all 3. I'm just as irritated being interrupted during dinner to donate to the Firefighter's Benevolent Orphans and Widows blah blah blah. And I really don't want to have Jesse Jackson call to remind me to vote for Cleo Fields (f-ing crook) either...

      If I want to give to charity, I'll make the effort to go to them. If I want to vote for or against something, I make the effort to investigate it myself rather than listen to the lies that the proponents/opponents spread about it.

      They just need to stay off my phone. And off my answering machine.

    13. Re:Political calls are exempt? by Flower · · Score: 1
      Even if it is sometimes used for fundraising, I see it as an opprotunity for the canidate/party to get their message out. I also have to consider in the past 7 years that I've had my current phone number I've gotten less than a handful of telemarketing calls that were political in nature. Compare that to the, at least once a week calls, I get to refinance my mortage or the near daily pestering I get regarding my phone service and this exemption doesn't even hit my radar screen.

      Anyway, most political causes canvas door-to-door and I already have a bear trap by the front door for them and the Jehovah Witnesses.

      --
      I don't want knowledge. I want certainty. - Law, David Bowie
    14. Re:Political calls are exempt? by broody · · Score: 1

      The one that burns my biscuits is the non-profit exemption. It makes little difference to me if the person interrupting my dinner to weasel money from me is out to make a buck for his business or his favorite pet issue. If I wanted it, I'd ask. Be it phone, mail, or email.

      --
      ~~ What's stopping you?
    15. Re:Political calls are exempt? by fermion · · Score: 1
      The political calls don't bother me. They are usually isolated to certain times are very targeted. And if a representatives of political candidate you do not like does call, you can do some real damage by wasting the tele-marketers time. What really pisses me off is the junk mail sent by candidates. In the last election, we had silly candidate who made it her duty to destroy entire forests in her effort to get elected, and in the process screw Texas's seniority.

      The true crime here is the non profit exemption. For a while, most calls I got were from the non-profits. It was fun asking about the commission they got for each donation, and if they had audited administration costs, but stuff like that gets boring fast. My suspicion is that a non-profit that uses tele-marketers probably have unreasonable administrative costs.

      --
      "She's a scientist and a lesbian. She's not going to let it slide." Orphan Black
    16. Re:Political calls are exempt? by Emperor+Shaddam+IV · · Score: 1

      Duh? Because the politians implemented this! They still want to call you and harass you for money! Don't you know they are the 'ruling class' and get special privilages?

    17. Re:Political calls are exempt? by Anonymous Coward · · Score: 0
      and in the process screw Texas's seniority.

      Now that sounds interesting. Seniority in what? More details, links? (Not my country, but I watch like a WWF fan. I like to watch -- from a distance!)

      Don't worry, if worst comes to call, you can always use Texas's Signature Move to split into four-five states. That's good for another six-eight votes in the Senate, right? (Fscks it in congress and the electoral whatsit, and you'd have to have a big punch-out for who kept the name Texas. WWF, as I said.)

    18. Re:Political calls are exempt? by ratamacue · · Score: 1
      Why would political calls be exempt from this?

      Simple: Because they make the laws. Those who have power use it to their advantage. Politicians are human beings driven by self-interest, just like everybody else. The difference, again, is that they make the laws (i.e. they have the power to intiate force which private citizens do not). The fact that politicians exempt themselves from the same rules they impose on the people is no surprise to me.

      Another example would be the lottery. Gambling in most states is prohibited -- except for government! Somehow, when 2 private parties mutually agree to engage in gambling, it's a danger to all other individual members of society so great it requires prohibition. Yet, when government provides the gambling service (and reaps the profits of course), there's absolutly nothing wrong.

      Another example would be the US post office. Here is a for-profit organization which benefits from the force of government, in the form of government-mandated monopoly. Or how about Amtrak? If Amtrak was a private organization, they would have went bankrupt a long, long time ago. But -- with the magical help of coercion -- Amtrak keeps scraping along due to handouts from their parent company (the US government).

  2. What legal challenge? by Anonymous Coward · · Score: 0

    People are saying no to the telemarketers and they will get sued for making their own choice?

  3. It's cool, but there's one downside by core+plexus · · Score: 3, Insightful
    Here you have to PAY to be on the do-not-call list, which, to me at least, sucks. I'm looking at alternative methods, such as making the "out-of-service" tone on my answering machine.

    So, I pay the phone company, they sell my name and number, then I have to pay them to block spammers? No thanks!

    'Erotic sushi' bar serves up tantalizing treats

    1. Re:It's cool, but there's one downside by Anonymous Coward · · Score: 0

      Simple solution, get a pre pay mobile sim card.
      Dump the land line, get a voice over IP account.

      Lets watch them call youre pre pay mobile or computer :D

      Redirect youre incomming line to 112 (911 for those that havnt changed to the worldwide emergency number) or to the local sex store.

    2. Re:It's cool, but there's one downside by Anonymous Coward · · Score: 0

      Take youre fone off the hook and leave it, its theyre bill. Hurt them where it hurts, theyre pocket :D Or call them back collect :D

      Have fun with theyre sad pathetic little job. Be creative, enjoy the pleasure of them getting nowehre, or make an answering machine recording of

      "uuh huh.. yep, gee i donno, oh really... hmmm..."

      and so on until the tape runs out, or get the computer to take it on ad infinidum :D

    3. Re:It's cool, but there's one downside by Anonvmous+Coward · · Score: 2

      " I'm looking at alternative methods, such as making the "out-of-service" tone on my answering machine. "

      I did that once. Not only did I stop getting tele-marketing calls, I stopped getting calls from my friends too. Evidentally, just telling them that the sound is fake isn't enough.

    4. Re:It's cool, but there's one downside by zx-6e · · Score: 1

      Write some voice-recognition software and play along with them for a while so they think they have a live one on the hook and will waste even more time. I usually let the caller give their entire pitch, then I say sorry, I am not interested and please never call again.

    5. Re:It's cool, but there's one downside by Anonymous Coward · · Score: 0

      >Redirect youre incomming line to 112 (911 for those that havnt changed to the worldwide emergency number)

      When did this come in? And I always thought it was 999 in other countries.

      Guess I was wrong.

      (112 is a stupid number to change it to, anyways. How is a crossbar CO supposed to figure out it isn't the start of some sort of screwed up area code? Or, worse yet, how are all the various PBXs going to realize this isn't an extension?)

      911 was great. You guys should have followed our lead. Besides, at least all our phone numbers are the same length! >:-D

    6. Re:It's cool, but there's one downside by Anonymous Coward · · Score: 0

      You should find some smarter friends.

    7. Re:It's cool, but there's one downside by Anonymous Coward · · Score: 0

      Massachusetss do not call list is free. Why a state would charge for this is beyond me; it isn't like this is the phone company trying to sell us a new "service". Since it's all automated anyway, it hardly costs the State anything to maintain the list.

    8. Re:It's cool, but there's one downside by Anonvmous+Coward · · Score: 3, Interesting

      "Here you have to PAY to be on the do-not-call list, which, to me at least, sucks...So, I pay the phone company, they sell my name and number, then I have to pay them to block spammers? No thanks! "

      I think what you're probably paying for is the resources needed to maintain that list. Not sure about where you live, but here in Oregon we can't even keep our schools open. Paying $5 or so (Oregon's cost, not sure what yours is...) doesn't seem like a big deal.

      As for having to block them, I see what you're saying but they're rebuttal would be "we make money to keep your costs low." The truth is somewhere in between.

      Now you know why I keep my primary communication on the internet. Everybody I know has e-mail, and the vast majority of them are on IM of some sort. I realize that's not going to be a choice for everybody, but it does cut down on the phone traffic.

      Since I've cut down on the phone traffic, I only have a cell phone. That means I get caller ID, and a notification when I get voice mail. I don't even jump to get to my phone anymore. It's on silent. When it rings, I read the caller ID and make a choice whether or not to let it go to voice mail. I get around to it eventually. That alone makes telemarketing hard to get through.

      Back in the olden days, the phone was something you just had to get to while it was ringing. If you take a more convenient approach like I have, telemarketers aren't so annoying.

    9. Re:It's cool, but there's one downside by cyberformer · · Score: 2
      999 is the traditional British number. 112 is the standard European number. (As Britain is in Europe, you can use either there.) Because of all the different languages in Europe, the phone companies are supposed to have multi-lingual people at the call center to help international travelers, so it's useful to know.

      No number is ideal, but 911 is perhaps worse: Most office PBXs make you dial 9 for an outside line, then you have to dial 1 for a long-distance call, then the area code, which may begin with 1. After a long day making phone calls at the office, people can quite easily forget that their home phone doesn't need a 9, and so dial 911 by mistake.

    10. Re:It's cool, but there's one downside by funkdancer · · Score: 1

      In Australia you have to dial 00 to get an international line. In most offices you dial 0 to get an outside line. Coming home from a long week at work I once found myself talking to emergency personell wondering who was dying instead of my Norwegian brother. Go figure.

      --
      ISO certified == THX certified
    11. Re:It's cool, but there's one downside by funkdancer · · Score: 1

      Ah, and I guess I should mention that "000" is the nation wide emergency number in Australia. [Bummer].

      --
      ISO certified == THX certified
    12. Re:It's cool, but there's one downside by shepd · · Score: 1

      >Most office PBXs make you dial 9 for an outside line, then you have to dial 1 for a long-distance call, then the area code, which may begin with 1.

      Ahh... but local-long-distanace area codes must begin with 2-9 as per NANPA rules, IIRC. It used to be [2-9][01][2-9], but they changed that when they ran out of codes. :-)

      When the call is international, but not Canada, it is dialled +011 (country code) (number).

      Yes, if you screw up I suppose you could hit that 1 twice... There's a few numbers near my house with a 912 exchange (supposedly) that seem to cause a lot of headaches to 911, so it wouldn't surprise me.

      --
      If you could be told what you can see or read, then it follows that you could be told what to say or think - BoC
    13. Re:It's cool, but there's one downside by norton_I · · Score: 2

      Hm. I take that one step further. I have an answering machine and no caller ID. If someone calls when I don't want to answer it, they can leave a message. It took me some time, but I trained myself that I can sit and eat and let the phone ring without having to get up and answer it.

      It is very liberating to hear a phone ringing and not feel like you have to answer it.

    14. Re:It's cool, but there's one downside by BilldaCat · · Score: 1

      > So, I pay the phone company, they sell my name and number, then I have to pay them to block spammers? No thanks!

      Ok, then don't pay the phone company and get rid of your phone.

      --
      BilldaCat
    15. Re:It's cool, but there's one downside by Anonymous Coward · · Score: 2, Interesting

      I much prefer the following method of discouraging telemarketing calls:

      When the telemarketer calls, have some fun with him/her. Whoever they ask for, politely but very loudly say "PLEASE HOLD". After a minute, pick up the phone and ask very loudly "ARE YOU STILL THERE?".
      The marketer is always there. They can not hang up on a possible sale. Whatever the marketer says in response to your question, loudly say "PLEASE HOLD".

      Repeat until the marketer hangs up. I can pretty much guarantee that this will reduce the number of telemarketing calls you get.

      I've done it and it works. Now if you'll just send me the small sum of $19.95 (plus shipping) in three easy payments...

    16. Re:It's cool, but there's one downside by DennyK · · Score: 2

      I went one better...I turned off all the ringers on my phones. Now when I get a call, I just hear the answering machine pick up, and listen to the message, if there is one. I also set the machine to answer after five rings; I've noticed that some telemarketers give up on a number if there's no answer after four rings, so I don't even know when they call... ;)

      Although I don't get the pleasure of ignoring a stridently ringing phone, I also don't get awakened at 9AM (which is the middle of the night for me) by one. I'd say it's a fair trade... ;)

      DennyK

    17. Re:It's cool, but there's one downside by Anonymous Coward · · Score: 0

      I had the same problem. And smarter people don't want to be friends with me.

  4. Want to know why? by Kaz+Riprock · · Score: 5, Insightful


    It took me 5 minutes to sign up my home and cell phone numbers for being on the do-not-call list in MA. A toll-free call and 5 minutes. Not a Self-Addressed-Stamped-Envelope or some crazy address that no one can remember or write down fast enough to get signed up on the list.

    As long as the other states make it similarly easy to sign up, then you'll get the same participation.

    --
    Mordor...a magical, mythical land where women are more rare than dragons--but where every man would rather find a dragon
    1. Re:Want to know why? by afidel · · Score: 3, Insightful

      No need to add your cell phone, it is already illegal to make solicitations to cellphone numbers and since they are owned in nice convenient blocks it is easy for the blocks to be provided to telemarketers and for them to remove them from calling lists.

      --
      There are 4 boxes to use in the defense of liberty: soap, ballot, jury, ammo. Use in that order. Starting now.
    2. Re:Want to know why? by bpbond · · Score: 1

      Even easier: in Wisconsin it takes 20 seconds on a web site (http://nocall.wisconsin.gov).

      --
      "Science is a tribute to what we can know although we are fallible" -Jacob Bronowski
    3. Re:Want to know why? by Scitt · · Score: 1

      In Minnesota, over 1 million phone numbers were registered, about 20% of all phone numbers in the state. Also very easy to do, free, online.

    4. Re:Want to know why? by Anonymous Coward · · Score: 0

      This is great! It took less than 2 minutes to sign up. My wife is a nurse in Childrens Hospital Boston; when she works nights she comes home and goes to bed, only to be woken up 2 or 3 times by direct marketers. You can imagine the expletives!

  5. DNC Lists by cyberdigm · · Score: 1

    We have a DNC list in MO and it's a wonderful thing.

    1. Re:DNC Lists by HyperMind · · Score: 1

      Have had in CO for some time now as well.

      So only caring organizations like politicos and bible-thumpers are allowed to call now.

      Of course, individual charities and politicians seem to call and ask for money about 3-7 times per day (each). Do they REALLY think I'm going to vote for THEM just because they spam me via telephony? Or that "Jesus saves" over POTS?

  6. I'll get in on it this time by linux_student · · Score: 1

    I unfortunately missed out on signing up for this last year; I will not make the same mistake twice!

  7. Conflict of interest by jDinK · · Score: 2, Informative

    That's exactly what I was thinking. It seems there's an awful conflict of interest when politicians allow themselves to call people on the do-not-call list, joined only by non-profits.

    1. Re:Conflict of interest by Anonymous Coward · · Score: 1, Funny

      Kind of reminds me of cops who illegally double park to go into the KrispyKream ;)

      Link for the day

    2. Re:Conflict of interest by jazman_777 · · Score: 2, Insightful
      That's exactly what I was thinking. It seems there's an awful conflict of interest when politicians allow themselves to call people on the do-not-call list, joined only by non-profits.

      It's the nature of the State to allow its representatives to do what is illegal for everyone else.

      --
      Slashdot: Failed Car Analogies. Amateur Lawyering. Anecdote Battles.
    3. Re:Conflict of interest by AndroidCat · · Score: 2
      And if they ever pass a law against spam, it will turn out that unsolicited policial email has been redefined as other than spam.

      That, and the fact that local tin-pot candidates for parking attendent will spam the global .com .org and .edu domains should surprise no one. (I expect to get spam to my .ca account from Potluck AR, USA, but I'm usually knurd on Klatchian coffee and expect the worst.)

      --
      One line blog. I hear that they're called Twitters now.
  8. Here's a list of several state's DNC lists by anotherone · · Score: 5, Informative
    http://www.the-dma.org/government/donotcalllists.s html

    Illinois doesn't have one yet... bleh

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    1. Re:Here's a list of several state's DNC lists by Anonymous Coward · · Score: 0

      Talk about karma whoring--that's the exact same URL as in the story!

    2. Re:Here's a list of several state's DNC lists by jhines · · Score: 2

      And the one they are proposing has a $5 fee to sign up.

    3. Re:Here's a list of several state's DNC lists by Anonymous Coward · · Score: 0

      Thanks for the link that's already in the slashdot short, whore.

  9. Why do consumers need to pay? by Freaky+Potato · · Score: 1
    This is all well and good, but... why does it look like these state do-not-call lists all require residents to pay a fee to be listed? As far as I'm concerned, my contact information is my property, and calling me up to sell me something is a privilege -- companies should pay me if they want to do be able to do that.

    This sounds like the governments trying to take advantage of the situation the way the phone companies do (e.g., selling people's phone numbers while they sell the people caller ID). If the states want a new source of revenue over this, fine; they should give the consumers privacy for free and charge telemarketers exhorbitant rates to abuse that freedom.

    1. Re:Why do consumers need to pay? by Anonymous Coward · · Score: 0

      Massachusetss do not call list is free. You pay nothing.

    2. Re:Why do consumers need to pay? by OldMiner · · Score: 1
      why does it look like these state do-not-call lists all require residents to pay a fee to be listed?

      Haven't done any research on other calling lists, but in my state, Colorado, the Colorado No Call List [2] is completely free. Further, the cost to run it, apparently came out pretty low. It was bid at about $42,000 per year by one company. Considering some 750,000 people signed up for it, in the past year alone, if each even paid a quarter, the cost to maintain the list would be easily covered.

      I believe any higher cost would have to be justified in a sort of "total cost to the state" for lost revenues from workers for the telemarketers, resulting sales to both the telemarketers and telemarketed, and resulting tax revenue. Even then, I can't see a reasonable cost exceeding $1.

      --
      You like splinters in your crotch? -Jon Caldara
    3. Re:Why do consumers need to pay? by Zygote-IC- · · Score: 1

      This sounds like the governments trying to take advantage of the situation the way the phone companies do (e.g., selling people's phone numbers while they sell the people caller ID). If the states want a new source of revenue over this, fine; they should give the consumers privacy for free and charge telemarketers exhorbitant rates to abuse that freedom.

      I'm just going to go out on a limb here and say maintaining the database of everyone who doesn't want to get called, their numbers and handling the administrative side, including enforcement, isn't free.
      I don't think there's a bunch of hippies sitting around in a VW van running the do not call list for free and talking about the state of the universe.
      You can talk about how it should all you want but the bottom line is that information has to be compiled, maintained and updated by someone somewhere and last time I checked there was no universal benevolent force for good willing to do that for free.

    4. Re:Why do consumers need to pay? by stilwebm · · Score: 2

      The Tennessee Do Not Call Program is funded by the telemarketers, which is exactly how it should be. Soliciters must submit an application and pay a $500 fee every year. Violations are subject to $2,000 fines per incident.

    5. Re:Why do consumers need to pay? by Anonymous Coward · · Score: 0

      Uh, did you miss some of the other posts? Telemarketer are charged for access to the list in the states that don't charge people for signing up for the DNC list.

    6. Re:Why do consumers need to pay? by cramped+bowels · · Score: 1

      Nor does the Pennsylvania DNC list, it too is free.

    7. Re:Why do consumers need to pay? by Anonymous Coward · · Score: 0
      If you live in the good ol' USA:


      You don't own your info. Now, in most European countries, it's exactly the opposite...

  10. You reckon? by Em+Emalb · · Score: 2

    Gee, what's the one thing that bugs more people than anything else?

    Is it paying taxes? Nope. Is it the commercials on tv? Nope. It's some poor SOB calling you while your eating, or on saturday at 8 in the morning trying to offer you some stupid service or credit card you A)don't want and B) didn't sign up for.

    I hope and pray those telemarketing bastards get shot down. I have a phone, yes, but it's not so you can peddle your shit to me.

    --
    Sent from your iPad.
    1. Re:You reckon? by angle_slam · · Score: 2

      I've never understood the big deal. Personally, I don't answer the phone. The answering machine gets the message and I call people back. If my wife happens to answer the phone and give it to me, if it is a salesperson, I hang up.

    2. Re:You reckon? by ejdmoo · · Score: 1

      Yeah, that's annoying...if everyone just let the machine pick up, POTS would be useless! It'd be just the same to send postcards to people. Get caller ID and that filters out %90 of telemarketers (though it's like $3/month, so a DNC list for $3 a year is a better deal).

  11. DMA's Side.. by Danse · · Score: 5, Insightful

    All I'm finding on their website is these "Action Alert" things that don't really make any argument other than lots of people have jobs annoying other people over the phone. Lots of people have jobs as prostitutes too. That doesn't make it legal (although I'm much more inclined to have legalized prostitution than I am to outlaw do-not-call lists).

    --
    It's not enough to bash in heads, you've got to bash in minds. - Captain Hammer
    1. Re:DMA's Side.. by iabervon · · Score: 2

      For that matter, wouldn't most people with jobs that involve calling people prefer to only call people who don't hate getting called? Telemarketting involves calling a few people who like to buy things over the phone, a few people who could be convinced to buy things if pressured, and a ton of people who get upset if they get called. The first group won't get on a DNC list, the second mostly won't bother, and the third generally will. Net result: fewer sales, but higher yield. And it's more pleasent for the people who're making the calls. I don't think telemarketers have to worry about losing their jobs, either, since there are a whole lot of phone numbers to call.

    2. Re:DMA's Side.. by CaptainZapp · · Score: 2
      Lots of people have jobs as prostitutes too. That doesn't make it legal

      Actually prostitution is legal in large parts of the civilized world.

      Since I never had one banging on my door during dinner in order to offer me 10% off on a blowjob subscription the analogy still doesn't wash.

      --
      ich bin der musikant

      mit taschenrechner in der hand

      kraftwerk

    3. Re:DMA's Side.. by Danse · · Score: 2

      It's not legal in the US, which is what we're talking about here. The analogy had nothing to do with tactics either.

      --
      It's not enough to bash in heads, you've got to bash in minds. - Captain Hammer
    4. Re:DMA's Side.. by NDPTAL85 · · Score: 2

      Tell that to Nevada.

      There is no Federal law against prostitution. Its up to the states. 49 states make it illegal. One, Nevada allows it in a very small county. Its near Las Vegas.

      --
      Mac OS X and Windows XP working side by side to fight back the night.
    5. Re:DMA's Side.. by Danse · · Score: 2

      Fine. But since every state but one makes it illegal, and even that one only allows it in a small county, it is for all intents and purposes illegal in this country. Whether the law is federal or not doesn't really matter to the argument. Fair enough?

      --
      It's not enough to bash in heads, you've got to bash in minds. - Captain Hammer
    6. Re:DMA's Side.. by cqnn · · Score: 2

      Slight correction...

      AFAIK, Nevada allows it in any county that
      has a population below a certain threshold.

      There were a couple other counties in NV with
      brothels, but they are far enough away from
      Las Vegas that they don't get as much notice.

      > it is for all intents and purposes illegal in
      > this country... Fair enough?

      Not really, since a single exception is often
      enough to undermine a point of argument, attempts
      to dismiss it notwithstanding.

    7. Re:DMA's Side.. by Danse · · Score: 2

      If my argument had really depended on complete illegality of prostitution, you might have a point. But, since the fact that a couple tiny counties in NV allow it makes very little difference to the analogy I used, you don't.

      --
      It's not enough to bash in heads, you've got to bash in minds. - Captain Hammer
  12. DMA's side of the story?!? by Anonymous Coward · · Score: 0

    Must be: "this must be stricken down in court because we're sure people will mistakenly think they do not want to hear our special offers, when they really do"

  13. Obligatory Junkbusters link by Freaky+Potato · · Score: 5, Informative
    Junkbusters has a neat script to use when telemarketers call:

    http://www.junkbusters.com/script.html

    Gives them a run for their money and, best of all, if the telemarketer takes a wrong step, they open the company up to legal action.

    1. Re:Obligatory Junkbusters link by sootman · · Score: 2

      The only problem with the script is that it doesn't work too well when a computer calls your house (or worse, home, work, and your cell, like those pigfuckers at Florida Vacations have done to me *this week*, thankyouverymuch) and starts playing a recording.

      --
      Dear Slashdot: next time you want to mess with the site, add a rich-text editor for comments.
  14. How long... by gUmbi · · Score: 2

    How long before political committees start leasing out space?

    "Hello, will you be voting for Bush in the next election?"
    "No."
    "Well then, would you like to have the the Daily Liberal newspaper delivered to your door?"

    Jason.

    1. Re:How long... by Robert1 · · Score: 1

      Never. Although I can't remember exactly what the law is called, the gist of it is this: political parties can only call you concerning politics, it's illegal for them to use it (political funding) for anything else. You'd be suprised how well organized and legislated the whole political commitee system is.

  15. Productive and economically vital? by mstefan · · Score: 2, Interesting
    I love the form letters that the DMA wants folks to send in to their congressman:
    I am opposed to the creation of a national do-not-call list.

    I simply do not see it as the role of the federal government to encourage the destruction of a $700 billion sector of our economy by putting its immense power behind creating, promoting and expanding a national do-not-call list. This list is certain to contain millions of people who might otherwise have become (or already are) satisfied consumers of teleservices products and services, and who we need to survive and grow.

    At a time when we are experiencing budget deficits and struggling to emerge from recession, can we afford to risk losing the billions in tax revenues this industry generates, not to mention the millions of jobs it provides?

    Professional telemarketers are trained to respect people's right to say "no," hang up, or be permanently taken off of a calling list. In addition, The Direct Marketing Association already has a national do-not--call list and requires all of its members to screen these names from their lists or suffer penalties, including possible expulsion from The DMA.

    In my view, the Federal government should not be in the business of destroying this productive, economically vital form of sales communication. It is my sincere hope that the FTC reconsiders this anti-business, anti-competitive, job-killing proposal.
    The irony is, if the DMA's DNC was actually effective (and used) by their member organizations, state and federal governments wouldn't be pressured by citizens to implement something like this. They've taken their proverbial mile walk with the inch given them and now they're screaming that it's anti-competitive. I also find it somewhat amusing that they consider minimum wage telemarketing jobs as "productive" and "economically vital".
    --
    "Only two things are infinite, the universe and human stupidity, and I'm not sure about the former." --Albert Einstein
    1. Re:Productive and economically vital? by Anonymous Coward · · Score: 0

      I love that bullshit about a "$700 billion sector of our economy"! Just for grins, I totaled the revenues for the top 4 companies according to Fortune. WalMart + Exxon + GM + Ford = $751 B.
      Teleharassment = $700 B? Right. Count up the number of people you know who have done business with the top 4 (and the size of that business) and compare it to the number of people you know who actually respond favorably to telemarketing (if there actually are any).

      They must be including any time any business uses a phone for anything (including an outgoing call to buy something), or, more likely, just lying.

      What do they think will happen to the $700 B if they don't get a cut? People will spend it online or in meatspace (returning it to the economy) or invest it (helping the economy) or save it (lowering interest rates = helping the economy). The only people who get hurt are the telemarketers, and nobody deserves it more.

      Twist in the wind, you annoying bastards.

    2. Re:Productive and economically vital? by Anonymous Coward · · Score: 0

      I also find it somewhat amusing that they consider minimum wage telemarketing jobs as "productive" and "economically vital". Telemarketing jobs tend to pay about twice that, IIRC. They're the assembly line job of the USA's 21st century.

    3. Re:Productive and economically vital? by Danse · · Score: 2

      Yeah right, that's why I keep getting telemarketing calls from people who can barely speak english. These jobs are being farmed out like anything else.

      --
      It's not enough to bash in heads, you've got to bash in minds. - Captain Hammer
    4. Re:Productive and economically vital? by Multics · · Score: 2
      I constructively edited their form letter to deleted the offending parts, added a little new wording about SPAM and pushed send. I did give them a SPAM track email address which will help determine when they sell my name (regardless of their contact protection claims).

      I urge all of you to send material from their site, but be sure to edit to make their words your own. Be sure to suggest measures to help with the unsolicited email industry which has to be worth at least $1,000,000,000,000 a year to the economy.

      :-)

      -- Multics

    5. Re:Productive and economically vital? by Dare+nMc · · Score: 1

      Not to mention it might save telemarketing industry.

      I have passed up many opertunitys with companys because it is currently a industry not to be trusted (in general) and I am not willing to put forward the effort to seperate the trash.

      Now they waste their time/money calling me, and waste my time as well. eventually so few will take the industry serious, that they will no longer profit.

      simply by getting rules like the USPO that fruad using that media is the most serious, and best enforced, then that would be welcome way to do business again.

    6. Re:Productive and economically vital? by Malc · · Score: 2

      $700 billion? Wow! They're claiming to be worth 5-10% of the United States' economy, which has a current GDP of just over $10 trillion. Somehow I think they're a little of their own self importance.

    7. Re:Productive and economically vital? by AntiNorm · · Score: 5, Funny

      Professional telemarketers are trained to respect people's right to say "no," hang up, or be permanently taken off of a calling list

      Don't you ever say 'professional' and 'telemarketer' in the same sentence.

      --

      I pledge allegiance to the flag...
      of the Corporate States of America...
  16. Easy call list by Target+Drone · · Score: 5, Interesting
    Nonprofit and political calls are exempt

    If nonprofits are exempt then can't they just solicit everyone on the do-not-call list?

    Suppose I have an unlisted number, then it's unlikely that a charity will be able to get my number (unless someone sells it to them). But if I register with the do-not-call list then I've basically published my phone number for every nonprofit and political party to add to their call list.

    1. Re:Easy call list by MechCow · · Score: 1
      Suppose I have an unlisted number, then it's unlikely that a charity will be able to get my number (unless someone sells it to them). But if I register with the do-not-call list then I've basically published my phone number for every nonprofit and political party to add to their call list.
      In Australia the company I worked for used residential area codes and randomly generated the last four digits. Some of the people we called had unlisted numbers for 20 years.
      --

      --
      On Slashdot I'm a lawyer.
    2. Re:Easy call list by Spackler · · Score: 2

      If nonprofits are exempt then can't they just solicit everyone on the do-not-call list?

      True, they could, but if I go to the trouble of putting my number on a "do not call" list, what are the odds that I'm going to want that call from them. What are the odds that I will give them money, or votes? Not very good.

      I will never buy from a telemarketing phone call, or a pop-up ad. NEVER. Get it?

    3. Re:Easy call list by Anonymous Coward · · Score: 0

      That's exactly the problem with the DNC. I keep thinking what if someone whcks the whole list! He's got a list of living people with their phones whom he can bug.

      Of course he's NOT part of the DMA!

    4. Re:Easy call list by Anonym0us+Cow+Herd · · Score: 1

      I will never buy from a telemarketing phone call, or a pop-up ad. NEVER. Get it?

      But will you buy if they send you a SPAM ?

      But won't you try pop-up's and spam?
      How about telemarketer's and spam?
      Would you buy while in mid flight?
      What if they called you at midnight?
      Would you buy while on the road?
      What if they stop you on the road?
      Would you buy while you're at work?
      What if the caller was a jerk?
      Would you buy while watching TV?
      What if you were downloading MP3's?
      Would you buy while you're at home?
      What if they called your mobile phone?

      C'mon, just try pop-up's and spam!

      --
      The price of freedom is eternal litigation.
    5. Re:Easy call list by Anonymous+Cow+herd · · Score: 1

      Wow, my very own impostor... yay. :-)

      --
      Ita erat quando hic adveni.
  17. what effects will this have on the economy by Anonymous Coward · · Score: 1, Interesting

    i am one of the many telemarketer haters. but seriously, with the US being in such a shady economical state, what would the side effects of this do not call list have on the existing economy.

    telemarketing is a large industry that provides a large number of jobs and serves as a way to increase the revenue of the retail, manufacturing, credit, service, and many other markets.

    this part of the idea scares me. however, no more telemarketers waking me up and annoying me also sounds very nice.

    1. Re:what effects will this have on the economy by awakened+tech · · Score: 1

      The arguments for telemarketing are very weak. In the UK we get very little telemarketing (just the odd double glazing company, easiest is to tell them you have just had yours done or that you rent the property) and it doesn't seemed to have stopped everybody having a couple of credit cards, etc.

      Retail companies would be far better off using targetted advertising than simply ringing everybody in the country.

    2. Re:what effects will this have on the economy by Anonymous Coward · · Score: 0

      There will be no downside if the list becomes law. Instead of people wasting money to credit card insurance or some other scam they might and will spend the money they have on some other things.

      So the loss of jobs and revenue is an empty and false argument.

  18. Sounds Familiar by JZ_Tonka · · Score: 1

    Hmmm, an industry using the court system to keep their unwanted and antiquated business model alive... Sound familiar to anyone?

    1. Re:Sounds Familiar by haedesch · · Score: 2, Insightful

      Heinlein put it nicely:

      "There has grown in the minds of certain groups in this country the idea that just because a man or corporation has made a profit out of the public for a number of years, the government and the courts are charged with guaranteeing such profit in the future, even in the face of changing circumstances and contrary to public interest. This strange doctrine is supported by neither statue or common law. Neither corporations or individuals have the right to come into court and ask that the clock of history be stopped, or turned back."

    2. Re:Sounds Familiar by Anonymous Coward · · Score: 0

      A most excellent quote; pretty much spells it out right there.

  19. Why Is Anyone Exempted? by limekiller4 · · Score: 4, Interesting

    Why the HELL are nonprofits and politicians, of all things, exempt?

    I mean ...I'm not stupid. Perhaps I shouldn't be asking "why." I know why. I should be asking "who let them?" There are three categories of people I don't want calling my house and they've exempted two of them.

    I know what charities exist and if I want to give to them, I will. The ACLU, in fact, got my $35 on January 1st.

    --
    My .02,
    Limekiller
    1. Re:Why Is Anyone Exempted? by MacAndrew · · Score: 2

      Ironically, it's the ACLU that would flip out if political calls were barred. (First Amendment, I mentioned this above) They are currently part of a group ranging from them to the NRA, contesting the campaign finance reform law's restrictions in political advertising.

      I'm not saying who's right. Er, left. :)

    2. Re:Why Is Anyone Exempted? by limekiller4 · · Score: 2

      MacAndrew writes:
      "Ironically, it's the ACLU that would flip out if political calls were barred. (First Amendment, I mentioned this above) They are currently part of a group ranging from them to the NRA, contesting the campaign finance reform law's restrictions in political advertising."

      I'd be very surprised if the ACLU came out against not exempting politicians from this law (though I don't agree with the ACLU on everything, who does?). There is a vast difference between the right to speak (which you have) and the right to be heard (which you do not have).

      --
      My .02,
      Limekiller
    3. Re:Why Is Anyone Exempted? by MacAndrew · · Score: 2

      There is a vast difference between the right to speak (which you have) and the right to be heard (which you do not have).

      It's not so simple. At the logical extreme, this would mean the only free speech would be that never heard by people who didn;t want to hear it. Sounds nice, but then you've written the 1st A. out of the Constitution. What protection does speech people want to hear really need? The framers has more upsetting speech in mind, and it is the most hateful and disturbing kind that makes up the most significant cases -- KKK, burning flags, pornography, etc. (If you like all these, there are still some you might not.)

      So the "no right to be heard" line can't be right. You do have a right to be heard free of gov't interference. A state-enforced DNC list is state interference. Or so I would reason it; I haven't thought about it and 1st A. law is not my strength by a long shot.

      Now, when it come to calling people at home, I don't know how the balance will be struck. The most similar cases I can think of offhand is the recent Supreme Court 8-1 decision on door-to-door solicitations, which it held to be protected though annoying.

    4. Re:Why Is Anyone Exempted? by limekiller4 · · Score: 1

      I don't see anything at all in the Constitution that provides you the guarantee of an audience, so I think we're gonna have to agree to disagree here.

      But thanks for the good reply. Not enough of those. My big complaint. =)

      --
      My .02,
      Limekiller
    5. Re:Why Is Anyone Exempted? by Anonymous Coward · · Score: 0

      i dont mind if politicians are exempt. just as long as they are arrested for using autodialers. that ticks me off to NO end.

      why should they be allowed to use that.

    6. Re:Why Is Anyone Exempted? by Steve+B · · Score: 2
      Note that in the door-to-door solicitation case, the court said that "Residents may post a 'No Solicitations' sign at the door". This is precisely analogous to a DNC list.

      What the ruling (correctly) did was to prohibit governments from requiring that people get a permit before speaking. It did not create an alleged "right" to pester people who have put the world on notice that they aren't interested in your sales pitch.

      --
      /. If the government wants us to respect the law, it should set a better example.
    7. Re:Why Is Anyone Exempted? by MacAndrew · · Score: 2

      The analogy cuts both ways, and I believe favors free speech. The primary problem is the DNC is the *gov't* enforcing that right. One of the main purposes of the solicitation ordinance was to protect elderly residents from being "bothered" by sales pitches. (I don't know exactly how it achieved this.) With the DNC list you essentially have to go to the gov't first. Or face their penalties. Really fatal is that you have to buy the list from them; I'm sure they'd have to waive that. Also, political speech is considerably better protected than commercial. Many, many cases have shown this. If you look at the solicitation case, the Court was intensely critical of the encumbrance on speech. An 8-1 vote means even the most conservative members crossed the line to join the more liberal.

      These are potential problems. There is no problem with people expressing their preferences in advance, but have the gov't do it for them? Prior restraints -- forbidding someone from speaking in advance -- are particularly suspect. Perhaps citizens have to do so for them selves -- "No Soliciting" -- and their are gadgets to let you do so with the telephone (caller id, the famed hang-up).

      It's ironic, really, you'd think the solicitors would be delighted to have a list of people who don't want to talk to them, but they must realized many of those who sign up can still be swayed.

      Another weakness I hadn't reflected on much is that it is somewhat unclear what statutory authorization the FCC and FTC, both of which have proposed lists, have to spend money on and enforce DNC lists. It may lie outside their mandate and require explicit authorization and appropriations from Congress.

      I'm not working up arguments for the plaintiffs, just trying to predict from experience, so don't bother trying to argue with me. There is probably more online already concerning this. At a minimum with regard to political speech, I foresee problems, and it is likely that it will be a while before anyone even attempts to limit such speech and invites the fight. Personally I can deal with saying "no" and although the idea of a DNC list sounds delightful, I like the First Amendment, too. Believe it or not, there really is a right to pester people, at least briefly.

    8. Re:Why Is Anyone Exempted? by Steve+B · · Score: 2
      The primary problem is the DNC is the *gov't* enforcing that right.

      Enforcement is not a problem per se -- if it were, you couldn't call the police when someone refused to obey a NO SOLICITORS sign.

      The dividing bright line between "No Solicitors" signs (OK, according to the court) and a permit requirement (not OK, according to the court) is that the former is a restriction placed by an individual upon his own property and the latter is a blanket restriction upon an entire jurisdiction placed by the government.

      Another weakness I hadn't reflected on much is that it is somewhat unclear what statutory authorization the FCC and FTC, both of which have proposed lists, have to spend money on and enforce DNC lists. It may lie outside their mandate and require explicit authorization and appropriations from Congress.

      Actually, this is the reason that the proposed DNC list is binding upon businesses but not upon charities -- the FTC's jurisdiction only covers the former.

      I'm not working up arguments for the plaintiffs, just trying to predict from experience, so don't bother trying to argue with me.

      I'm just working up arguments to use in public comments supporting the right to be left alone. Nothing personal. :-)

      Believe it or not, there really is a right to pester people, at least briefly.

      The issue is better framed in terms of property rights (i.e. to paraphrase Ronald Reagan, "I am paying for this telephone").

      --
      /. If the government wants us to respect the law, it should set a better example.
    9. Re:Why Is Anyone Exempted? by Anonymous Coward · · Score: 0
      Ironically, it's the ACLU that would flip out if political calls were barred

      So what is the ACLU's home number so I can ask telemarketers to call them instead? Never mind, it wouldn't work with most of the political pitches I get, since they are pre-recorded. Apparently the election folks sell your name, etc., since that information is just vital to avoiding election fraud. Or at least vital to getting reelected.

    10. Re:Why Is Anyone Exempted? by MacAndrew · · Score: 2

      I think -- and I'm replying to be thorough, not annoying -- that the "property rights" idea doesn't enter into the equation here. Privacy rights do, the "right to be let alone" esp. at home.

      Here (section 1B) is a fuller treatment of the First Amendment question with respect to the currently proposed regulations; said discussion is limited to commercial speech. As you can see from the Central Hudson analysis, the courts will look very carefully at a prior restraint like this. If political speech were at issue, or all speech, then I think the DNC regulation would fail at least the "narrowly tailored" prong, and probably the "compelling interest." In the past the courts have been very very antagonistic to prior restraints and content-based regulation.

      Anyway, it will be a minor miracle if effective DNC regs for commercial calls goes through. Restriction of political calls is speculative at this point. Part of my point was that there are reasons not to do it besides the self-interest of politicians -- which I'm sure plays a part as well; although I would think a DNC list would tend to favor incumbents and big-party candidates.

      Hmm. DNC = Democratic National Committee. Subliminal advertising? :)

      I do wonder what difference it would make it people were charged for incoming calls as they are on cellphones after the first minute (is that one-minute deal universal?). I'm sure the telephone company could contrive some way of having the caller pick up the tab.

  20. Why this means nothing. by big_debacle · · Score: 5, Interesting

    Legitimate marketing companies have maintained and adhered to Do Not Solicit lists for years. Companies that broke the rules will continue to break the rules--including ignoring these lists. Heck, the company I worked for maintained a list of over 3,000,000 Do Not Solicits that it had accumulated over the years.

    The law allows political calls, charity calls and calls from someone you do business with or have done business with. I'm sure I'm not alone when I say that a majority of the telemarketing calls I receive fall into one of these very broad catagories.

    If a company breaks the rules, how are you going to track them down? And if you track them down, what can you do? In the past, all a company has had to do was show that they were making every effort to adhere to the established rules.

    If nothing else, perhaps we should all think about the amount of time and money invested in something like this and realize that it's just a phone call. I mean, my phone has a special anti-telemarketer button that came with it--it's that one you press to hang up.

    1. Re:Why this means nothing. by /dev/trash · · Score: 2

      Funny, once I signed up for my State's list my calls from "Unknown" all stopped. In fact since I've been on the list I've gotten one call from a telemarketer, whom I reported. Before the list I was getting 2-3 calls a day.

    2. Re:Why this means nothing. by Anonymous Coward · · Score: 0

      Ah, yes. Shut up and eat your spam/phone call/whatever.

      Ever think that it would be nice if your Inbox could be for email from people you want to hear from, or that your phone could actually be for your use rather than yet another advertising medium?

      I'm tired of having pinheads try to sell me crap 24-7. I know where to get what I need, and I don't need the hell bugged out of me if I grab the phone instead of letting the machine get it.

    3. Re:Why this means nothing. by geekoid · · Score: 2

      perhaps you should bother and research your questions. there are ways to find these people, and many people do.

      I pay X dollars for my phone line, if you want to use to make money, you should have to pay me for my line.

      --
      The Kruger Dunning explains most post on /. http://en.wikipedia.org/wiki/Dunning%E2%80%93Kruger_effect
    4. Re:Why this means nothing. by EvlG · · Score: 2

      I had the same experience (I live in Texas). I moved into a new apartment with a new phone number, and within 3 weeks the calls were already too much. 2-3 a day at least. As soon as my number was activated on the DNC list this past September, the calls dropped off instantly.

      I have gotten a few since then (mostly I answer the phone when there is no caller ID and I hear a computer beeping). Anyone know what these calls are?

      Finally, how would I report calls that didn't respect my DNC wish? And how would I report calls like the one I mentioned above where I have no phone number and no human to talk to?

    5. Re:Why this means nothing. by ChrisN79 · · Score: 1

      I think your comments are absolutely correct. We will still get a ton of unsolicited phone calls even with this list.

      But the one thing I read in all this that really excites me is the idea that companies will no longer be allowed to block your caller ID. If that is the case, then I am all about this. It puts me back in control of who I talk to. And then I don't even have to go through the trouble of hanging up on someone.

  21. Project Mayhem by core+plexus · · Score: 2

    These are the kinds of ideas I'm looking for, like the "Project Mayhem" stuff from the film Fight Club. I used to get junk faxes, and after awhile I'd copy them and tape them together in a loop, and feed it in on a friday night, late. Other times I'd reply, one very large letter to a page. A friend used to return all faxes in black.

    1. Re:Project Mayhem by Anonymous Coward · · Score: 0

      Dont use a fax machine, use fax software :D paperless, what do you think they use? take up space on theyre hard drive :D

    2. Re:Project Mayhem by lazlo · · Score: 2, Informative
      Well, here are the ideas I've gathered. Some of them are kind of fun. You see, it's all a matter of attitude. If telemarketers are annoying solicitors, then all you get when the phone rings is the chance to be annoyed. But if you turn it into a game, then every phone call is a chance for high comedy. (Well, more like low comedy, but amusement nonetheless.)

      As my page says, what I'm hoping for is that we can all become so highly annoying to the telemarketers that the DMA will create their own national "we don't want to call" list, and put my name right on the top.

      --
      Pound! Bang! Bin! Bash! is this a shell script or a Batman comic?
    3. Re:Project Mayhem by AntiNorm · · Score: 2

      This guy is a master at fucking with telemarketers. He has some MP3s available for free on his web site; check them out, they're good for a laugh or two. Maybe also some ideas on how you yourself can deal with them...

      --

      I pledge allegiance to the flag...
      of the Corporate States of America...
    4. Re:Project Mayhem by Anonymous Coward · · Score: 0

      Good link man, that one mp3, "Brothers" is freaking hilarious. I wish i had a wit as quick as his.

  22. Use their email form to support the no-call list by Anonymous Coward · · Score: 0

    Use the Email your representives form on the DMA site but substitute this text....

    I am in favor of the creation of a national do-not-call list as proposed by the Federal Trade Commission.

    I see it as the role of the federal government to encourage the regulation of a run away, intrusive industry by putting its immense power behind creating, promoting and expanding a national do-not-call list. This list is certain to help millions of people spending a quiet evening with their families without intrusive, high pressure salespersons calling them at home.

    If the govt. doesn't stop them who will??

  23. what compelling arguments... by H0NGK0NGPH00EY · · Score: 3, Funny

    "The Federal Trade Commission is planning on creating a new "national do-not-call" list which could greatly diminish the number of potential call recipients. Should the federal government be in the business of tearing down this industry? Make your voices heard."

    "tearing down this industry" I love it. When the "industry" is calling people in their homes and annoying them with your "amazing new offer," then I say yes! This summer, at my job, Verizon actually called us 3 times in the same day! Seriously. I liked my boss' approach. As soon as they started talking: "I can tell already that I don't want to talk to you." *click"

    I think my favorite though is my friend who, when called by some bank being offered a credit card responded with something along the lines of: "That's great! This is just what I need right now. All 6 of my other cards are maxed out, and I had to take out a second mortgage on my house. I was really wondering what I was goign to do!" I think that they actually hung up on her.

    --
    Do not read this sig.
    1. Re:what compelling arguments... by cfulmer · · Score: 2

      So, being rude to telemarketers is actually in their best interest -- the "Click" sound is really the best thing they can hear, because that means that they've finished with one non-responsive call and are making their next call which may yield better results. One of the things that makes telemarketing cost-effective is that they tend to spend very little time on each dead lead. It's a similar idea as spam -- if you call 100 people an hour and get 1 positive result, you're doing pretty well.

      My solution? Keep them on the phone for as long as I possibly can -- ask them lots of questions, pretend like it's hard to hear them, etc.... Engage them in as much idle chit-chat as possible, and then just when they think they're going to close the deal, switch subjects and say "So... What are you wearing?" Make them pay for calling and annoying you.

    2. Re:what compelling arguments... by tassii · · Score: 1

      We started giving the phone to our 3 year old...

      --
      "I drank what?" - Socrates
  24. EXEMPTIONS by Anonymous Coward · · Score: 0

    bbbrrring... click... "Did you know you could give to charity A..." arrgh

    bbbrrring... click... "Did you know you could give to charity B..." arrgh

    bbbrrring... click... "Did you know you could give to charity C..." arrgh

    bbbrrring... click... "Did you know you could give to charity D..." arrgh

    and so on, how does this help?

  25. We need a "please call" list. by Anonymous Coward · · Score: 1, Funny

    Really, to be fair to the telemarketers, we should acknowledge that there are many lonely people that enjoy the human contact of telemarketers... many consumers that welcome the valuable information that telemarketers give them... many Alzheimer's patients who are pleased to have someone remind them of all the time-share condos they had decided to buy and investments they had agreed to make.

    So, Massachusetts should also set up a list at http://www.mass.gov/pleasecall where you could register your wish to have more telemarketers call you.

    Indeed, they could set up an 800 number. Calling this number would AUTOMATICALLY add you to the calling lists of every telemarketer; then by following a simple menu-driven system you could selectively opt out of those you were not interested in.

    1. Re:We need a "please call" list. by John+Harrison · · Score: 2

      I do see the humour in your post but it brings up an important point. Lonely people are often the targets of telemarketers. Some people are so afraid to say no that they end up paying for things they don't want or need. The elderly are especially vulnerable to this, which is all the more reason to ban telemarketing.

  26. Whats the Libertarian take on all this? by Tyekanik · · Score: 5, Interesting
    Browsing Slashdot, I've noticed a fair number of the readership are pretty hard-line libertarians; total opposition to government regulations, and fierce protection of privacy being two major qualities I've seen.

    The whole direct marketing by phone issue seems to be an area where, with regard to those qualities, you can't have your cake and eat it, so to speak. If the corprations are unregulated, they'll try and flog stuff to you down the phone day and night. The Market wouldn't seem to work in thia case, as even if 99% of us hang up immediately and boycott the company, the remaining 1% will still provide a customer base the company can get by on. However, if the Feds step in, the companies' freedom goes out the window.

    I'm not saying I agree or disagree with Libertarianism (My views have been pretty well up in the air since Tommy Sheridan destroyed my faith in socialism by being a prick), I was just wondering if any Libertarians here could tell me what their position on this is.

    Cheers.

    1. Re:Whats the Libertarian take on all this? by Anonymous Coward · · Score: 0

      "However, if the Feds step in, the companies' freedom goes out the window."

      Comanies shouldn't have any freedom to harass people.

      If you don't want any calls from me and I will continue making calls you could get a court order which would prohibit me from calling you. Why this should be any different if the caller is a company?

    2. Re:Whats the Libertarian take on all this? by rela · · Score: 1, Insightful
      Browsing Slashdot, I've noticed a fair number of the readership are pretty hard-line libertarians;

      Life is so much easier when you're not a rabid extremist about anything. Additionally, it makes life better for the rest of humanity, too.

    3. Re:Whats the Libertarian take on all this? by Anonymous Coward · · Score: 2, Funny

      Put two libertarians together, and you'll get three different opinions.

    4. Re:Whats the Libertarian take on all this? by lizrd · · Score: 2

      My position on this is that I'm free to put a "No Trespassing" sign up at the end of my driveway and brandish my guns at anyone foolish enough to come to the door to sell me something anyway. The fact that I can't shoot assholes who harass me on the phone is unfortunate, but a do not call list law is a step in the right direction.

      --
      I don't want free as in beer. I just want free beer.
    5. Re:Whats the Libertarian take on all this? by zericm · · Score: 2

      If you don't want any calls from me and I will continue making calls you could get a court order which would prohibit me from calling you. Why this should be any different if the caller is a company?

      Because it costs me money to hire a lawyer to get this court order for me. And if there are lots of companies, then it will cost me lots of money to stop all these companies. End result, only those with lots of money would be free from harrasment, while the rest of us suffer.

      --
      The welfare of the people has always been the alibi of tyrants. - Albert Camus
    6. Re:Whats the Libertarian take on all this? by DarkSkiesAhead · · Score: 5, Insightful

      This is a rather tricky issue for libertarians. Most libertarians believe in minimumal government regulation and an every-man-for-himself attitude. But, advertisers are the bad guys so it's difficult stand up for them.

      As a libertarian I can give you my perspective, but I can't claim to represent most libertarians or that I hold the "purist" libertarian point of view.

      Fundamentally I don't believe in anyone's right not to be hassled. If you live among or deal with society you run the risk of interacting with people. You always have the option to go be a hermit or disconnect your phone. There is no right which guarantees you that other people will not be assholes. I don't believe in any basic principle by which a company is never allowed to call you just because you don't want them to. If you make your number public (you have the option not to) you have to accept the consequences.

      However, the rights of the company end when they start to invade yours. This is where it gets really tricky. When does a call trample on one of your rights?

      Do you have a right not to be annoyed? I don't think so. But, I do believe you have a right every damn penny you own and if a company costs you money by calling then they have trampled on your rights. That's why I favor laws against calling cell phones for marketing purposes. Or, perhaps you receive a high volume of vital calls and sorting out the bogus ones would cost you money. Perhaps you have a line only for emergency purposes and every time it needs to be answered costs you time and money.

      All of these seem like reasonable situations in which to enforce a "don't call this number" rule. But, who gets to decide which numbers qualify and when, etc? That's tricky. Perhaps it's best for everyone to evaluate their own situation. I don't know anyone who would say "yeah, it costs me nothing when I get called by a telemarketer", so by that method everyone would qualify for the "don't call" list. Is that fair? I don't know.

      Ultimately, it depends on a very subjective judgement call. For now I'm perfectly happy to see a very loose interpretation of "that call cost me money/resources/time that I had the right to". But, perhaps it will need to be re-evaluated sometime in the future.

    7. Re:Whats the Libertarian take on all this? by Malc · · Score: 3, Insightful

      It seems to me that you can have government regulations to improve our lives, or you can have civil lawsuits. They both acheive the same goals except one system favours the rich and encourages callous uncaring governments who want to redistribute wealth to their lawyer buddies, and the other system leaves people feeling like they're burded with an interferring and over-weight government justifying your tax burden by spending it frivolously. In one camp are socialists, in the other, libertarians (ok: I will call them the right-wing American Libertarian party followers to distinguish them from the socialist anarchists in other countries that also consider themselves libertarian).

    8. Re:Whats the Libertarian take on all this? by sparkz · · Score: 3, Insightful
      If someone wants to spend their money advertising to me, say by putting a billboard on the street (assuming it's not offensive - most countries have regulations about that) then it's costing the advertiser money, and not interfering in my life.

      If I've just got my baby to sleep and some arsehole phones up asking if I want a 2nd mortgage, that is costing me more than money, that is interfering in my family life.

      --
      Author, Shell Scripting : Expert Re
    9. Re:Whats the Libertarian take on all this? by Capybara · · Score: 1

      That's a totally reasonable question. I feel quite Libertarian, so I naturally want the issue to be decided privately. If consumers can't solve it through boycotts, the telephone companies could set up do-not-call lists and put large fines for telemarketing into their service contracts. Competition with cell phones is one thing that could encourage companies to develop attractive features like that. But it's not happening now, and the telemarketers keep calling.

      More realistically, it does feel like a violation of my rights when people keep using my own phone to wake me up at 8AM and offer me credit cards. I feel that somehow I should have the right to keep people away from me. So I might support more laws against telemarketing. But I don't trust the government to make a law that actually works - see the exceptions for non-profits, political campaigns - even companies not selling directly over the phone are free to call you under this law!

      Luckily, I found that there are technological solutions. Junkbusters recommends a variety of devices that can significantly reduce telemarketing calls in various ways. A month ago, I paid $60 for a Screen Machine, which answers the phone first with a voice message telling telemarketers to go away. Not a single junk call has gotten past it yet. I'm not sure why these devices haven't caught on, given how annoyed everyone is by the telemarketers. Anyway, the market has finally solved my telemarketing problem, so I'm happy.

    10. Re:Whats the Libertarian take on all this? by Anonymous Coward · · Score: 0

      Time is money. Telemarketers waste my time, which is a limited and precious resource. Perhaps if they didn't waste so much of it, or they actually were beneficial in some way to me *ever* I may think differently. As it stands now, though, telemarketers are stealing my precious time and constantly annoying me by making my phone ring constantly.

      I wish my state had a do-not-call list.

    11. Re:Whats the Libertarian take on all this? by volkris · · Score: 1

      I was looking for someone to point out this appearent discrepancy. Slashdotters have a whole lot of them...

      I believe exactly as you hint: the government has no right to tell telemarketers that they can't use their phones as they wish. By my subscription to the phone service I open myself up to all of the negative effects that service might have on my life. I accept that I'm going to interact with that system. Furthermore, the telemarketers pay for their subscriptions to the phone services so what right does the government have to interfere with their use of what they legitimately paid for?

      The answer to preventing telemarketers from calling needs to give power to the end users, not to the government/legal system. Look at all of the methods we're developing to counter spam. Many of them can also be applied to the phone system with a little creative engineering. Heck, the effort to prevent "abuse" by telemarketers might have lead to much more inteligent phones had the legal road not been tried. The technological answers would probably actually end up working better, too.

      Governmental regulation has its place. It can be used to demand that all people making phone calls either be honest about their identity or not provide one, allowing the technological solution to work more effectively. But the place is certainly not telling people what they can do with their own purchases.

    12. Re:Whats the Libertarian take on all this? by Zigg · · Score: 2

      A month ago, I paid $60 for a Screen Machine, which answers the phone first with a voice message telling telemarketers to go away.

      You mean this Screen Machine? It seems simple to bypass. I assume you can change the access code on it, at least? If not, what happens when the telemarketers figure out your code?

      I've had thoughts of rigging up one of the boxes in my home cluster with some kind of telephone interface and doing a kind of screening myself -- known caller ID passes in, changable and individual access codes at a voice prompt otherwise.

    13. Re:Whats the Libertarian take on all this? by Malc · · Score: 2

      "By my subscription to the phone service I open myself up to all of the negative effects that service might have on my life. I accept that I'm going to interact with that system."

      That's a rather fatalistic point of view. It seems that you are willing to accept shoddy and second-rate service. Personally I don't want those people interrupting what I'm doing in my own house. I don't see why I should have to put up with it. Also, let's be honest, the phone is almost an essential utility these days and so it's not a matter of choosing to have it and thus choosing to put up with the negative side of it.

      "The answer to preventing telemarketers from calling needs to give power to the end users, not to the government/legal system. Look at all of the methods we're developing to counter spam. Many of them can also be applied to the phone system with a little creative engineering. Heck, the effort to prevent "abuse" by telemarketers might have lead to much more inteligent phones had the legal road not been tried. The technological answers would probably actually end up working better, too."

      This sounds like a complete waste of money and effort. When it comes to spam, we're all fighting the same battle with the same ineffective tools. How inefficient is that? It would be far cheaper and more effective for governmental regulation, not to mention less time consuming. I'm sick of having to fight spam... it's just like a war on terrorism: it will go on and on. As for smarter phones, I don't see why I should have to pay for their extra cost and R&D expenses... even an inefficient government is going to be able to apply regulations for less money. I don't need a more intelligent phone, my current one works fine.

    14. Re:Whats the Libertarian take on all this? by Steve+B · · Score: 2
      Whats the Libertarian take on all this?

      Quite simple, really. You don't have the right to appropriate my property without my permission in order to facilitate your free speech. Thus, limitations on telemarketing, spamming, etc. are a perfectly appropriate enforcement of property rights, so long as they are enforced in a manner consistent with other rights (e.g. there must be due process for the accused, enforcement must not be arbitrarily selective).

      --
      /. If the government wants us to respect the law, it should set a better example.
    15. Re:Whats the Libertarian take on all this? by Steve+B · · Score: 3, Insightful
      I don't believe in any basic principle by which a company is never allowed to call you just because you don't want them to.

      Your straw man is aggrivating my sinuses. The relevant principle is that I want telemarketers off the phone line I am paying for. If they want to offer a deal where they pay my phone bill and I let them make X number of calls per month, I'd consider it.

      All of these seem like reasonable situations in which to enforce a "don't call this number" rule. But, who gets to decide which numbers qualify and when, etc? That's tricky.

      It's not the slightest little bit "tricky". The person who is paying for that phone number to remain in service gets to decide.

      --
      /. If the government wants us to respect the law, it should set a better example.
    16. Re:Whats the Libertarian take on all this? by jbrayton · · Score: 1

      IMHO, Telemarketing (like spam) is a theft/denial of service attack. The only reason I still have a home phone is so that I don't have to give my cell phone number away to companies I don't want to hear from. So, it could be argued that telemarketing is theft, and therefore should be/is illegal.

      On the other hand, there are technical solutions (Caller ID, etc.) to this problem, which could be considered simpler.

      I hate telemarketing with a passion. But I can't quite figure out where I stand on this law.

    17. Re:Whats the Libertarian take on all this? by vldmr_krn · · Score: 1

      Either people should have the right to not be called by people whom they haven't solicited, or they shouldn't. If they should, then they should have the right to not be called by anyone whose call they didn't solicit, regardless of whether their motive for calling is earning profit (commercial), gaining more political power (political), or asking for help in changing the world according to their views (non-profit). However, if people don't have the right to not be called by people whose calls they didn't solicit, then anyone can implicitly call them (until explicitly told otherwise).

      This doesn't damn the current law, which amounts to giving people a venue to explicitly tell some others that they don't want to be called--everyone still retains the equal implicit right to make unsolicited calls. However, since this is handled by the government, the selectivity of the law is inappropriate. If they felt that people wanted to distinguish between commercial, political, and non-profit calls, they should have made do not call lists for all of the categories. It's unfair to allow people to explicitly opt out of commercial calls without also giving them the option to opt out of political and non-profit calls. Further, the costs of making three lists as opposed to one are negligible.

    18. Re:Whats the Libertarian take on all this? by Anonymous Coward · · Score: 0
      If someone wants to spend their money advertising to me, say by putting a billboard on the street (assuming it's not offensive - most countries have regulations about that) then it's costing the advertiser money, and not interfering in my life.

      Can't agree with you on this one - billboards ruin the view, and lower the property value.

    19. Re:Whats the Libertarian take on all this? by Anonymous Coward · · Score: 0

      I don't think there's any inherant hypocrisy in Libertarians advocating no-call lists. The situation is analogous to someone ringing a doorbell. If you put out a "no solicitors" sign on your front door, they aren't allowed to ring. It is your property and you get to decide how and who gets to use it.

      Same situation with the ringer in the telephone. It is personal property and only available to be used by people you authorize to use it.

    20. Re:Whats the Libertarian take on all this? by Capybara · · Score: 1

      Yep, that's it. I can't change the access code, and I reveal it in the message! But I'm not too worried about them catching on because they use auto-dialers that probably don't even give them the ability to "press 5", and they know I'll be mad and more interested in suing than in buying their product if they do bypass it.

      I'm in the LA area, so most telemarketers calling me only speak Spanish and won't understand the message. Also, the line gets lots of calls from previous owners of the number - I left the machine off over the holidays and got six messages for them, from prospective employers, their doctors, etc... All of these people will gladly hang up after hearing my message.

      I'll give you my number if you want to hear how it works...but if you'd enjoy coding your own, go for it! It would certainly be fun.

    21. Re:Whats the Libertarian take on all this? by DarkSkiesAhead · · Score: 2
      I don't believe in any basic principle by which a company is never allowed to call you just because you don't want them to.
      Your straw man is aggrivating my sinuses.
      You'll note that I only said "I believe" and didn't actually give any arguments for why. So, I'm not quite sure what you think you're arguing against. Perhaps it's the crack that's bothinging your sinuses.
      The relevant principle is that I want telemarketers off the phone line I am paying for.
      If you had bothered to read my post you would have noticed that I said telemarkers don't have the right to call you if it costs you money. So, the fact that you paid for your phone line isn't relavent to the cases where they cost you no money.
      It's not the slightest little bit "tricky". The person who is paying for that phone number to remain in service gets to decide.
      Again, if you had read to the end of my post you would have noticed that I suggested this. However, I do maintain that the situation is not as simple as it appears to you. Does purchasing something (like a phone line) give you total control over other people's use of it? Can you sue your friends for cursing on the phone with you or disagreeing with you? Can I ban people from knocking on the door to the house I paid for? Of course not. So we have to draw a line somewhere. It's a matter of degree, there is no cut and dried principle behind it.
    22. Re:Whats the Libertarian take on all this? by Steve+B · · Score: 1
      Can I ban people from knocking on the door to the house I paid for?

      Yes. If you hang up a NO SOLICITORS sign and somebody knocks on your door to solicit you anyway, they're trespassing.

      --
      /. If the government wants us to respect the law, it should set a better example.
  27. colorado's list over a million by peter303 · · Score: 2

    You Mass people must like the telemarketers.

    1. Re:colorado's list over a million by Anonymous Coward · · Score: 0

      What are you, stupid? Can't read? They only just opened up the list. We'll have millions signed up, once more people are aware of the list.

    2. Re:colorado's list over a million by Anonymous Coward · · Score: 0

      It also doesn't work, at least not from my own experience (living just outside of Denver). I have two numbers here (both personal lines) so I only added one to the Colo-no-call list for experimental purposes. So far, the one added has received about three times as many calls (the other mainly receives calls from subsribed services like CC and cell phone). Trying to pursue the 'violators' is a pain. I still say hanging/lynching is the answer...oh well..

    3. Re:colorado's list over a million by lurgyman · · Score: 1

      It's worked for our family... of course, here in Boulder, everything is happy fairies and unicorns and talking trees and rainbows, so it's probably just us :p

    4. Re:colorado's list over a million by cqnn · · Score: 2

      I've had the opposite experience in Colorado Springs. I've gone from what seemed like several
      calls a day to what now seems like a couple of
      calls a week.

      My view is fairly subjective, I admit, but I
      know that the calls I answer now are far more
      likely to be from people or companies that I
      actually have past dealings with or have made an
      open contact with for the solicitation.

      I have recieved very few cold calls since the
      number has become active on the NCL. Keeping
      in mind that it can take up to a couple of
      months from when you register for the callers
      to actually have to take your number off their
      lists... so they may all be trying to get one
      last shot in before the deadline.

  28. do-not-mail? by thorny_devil · · Score: 1

    How about trying the same approach for e-mail spam? What makes these two kind of annoyance so much different?

    1. Re:do-not-mail? by raehl · · Score: 2

      Phone calls are two-way instantaneous connections.
      Phone connections are maintained by a very small set of "centralized", domestic companies.

      So:

      1) You can tell where the phone call is coming from
      2) You can subpeona a phone company to find out who its customers called and when
      3) You can "easily" change the rules by enforcing them on a relatively small number of organizations
      4) Everyone on the phone network has an identity - there are no "open relays" on the phone network where you can make 1 million calls in a day.

    2. Re:do-not-mail? by LineNoiz · · Score: 1

      Just a guess here, but I'm going to say: International Borders and spoofing.

      Most spam comes from Asian countries. Probably sent by someone in the states, but it gets routed through some other country that shouldn't be regulated by US law.

      Beyond that, there is no way to know where the spam came from, thanks to the fact that SMTP is a trusting, and therefore easily lied to, mail protocol. Most times, the e-mail address used to send you a piece of spam doesn't exist.

      --
      "Quotation is a serviceable substitute for wit." --Oscar Wilde
  29. This isn't a free speach issue by Anonymous Coward · · Score: 0
    t's a property rights and voluntary agreement issue. Here's why:
    1. Your telephone is your property, and it is located inside your house, which is your property.
    2. The lines running to your phone, while they are the telephone company's property, run through your house and your yard--both of which are your property.
    3. The switching equipment is the telephone company's property.
    4. You voluntarily choose to purchase telephone service.
    5. You voluntarily choose to allow the telephone company to run their lines through your property.
    6. One of the following two statements is true:
      1. Your telephone company chooses not to allow telemarketer calls to be carried through their lines. In that case:
      2. Your telephone case has a civil case against any telemarketer that makes calls to customers using their lines.
      3. Through your choice to use the telephone company's service, you voluntarily accepted this term as you accepted all other terms in their agreement.
    7. Your telephone company does allow telemarketer calls to be carried through their lines. In that case:
      1. Since you voluntarily agreed to have phone service, you voluntarily agreed to deal with whatever comes over the phone lines into your house, including telemarketer calls.
    Either way, government has no place sponsoring, creating, or enforcing a "do not call" list, as receipt of telemarketer calls is ultimately either
    1. something you agreed to, and so have no one to bitch to but yourself; or
    2. something you explicitly did not agree to, and so have a civil case against telemarketers.
    Incidentally, if you change the nouns then this is why I oppose anti-spam legislation as well.
    1. Re:This isn't a free speach issue by Anonymous Coward · · Score: 0

      What the fuck is "speach"?

      Moron.

    2. Re:This isn't a free speach issue by Decameron81 · · Score: 1

      Now this is a really nice way of thinking. You're saying that by paying for the phone you're voluntarily accepting telemarketer calls? Well, when I chose to have a telephone at home (can it really be called a choice btw?) my will wasn't absolutely to receive such calls. Actually I never heard a tiny bit about having to be bothered by them night and day...

      The fact that they got my telephone number doesn't give them the right to harrass me, in the same way as if a psycho has YOUR number he doesn't have the right to call you night and day. Please keep your arrogance to yourself and don't tell me I asked for it, because it may be true that you really enjoy being bothered by these guys, but I have better things to do than stay in the phone answering to their stupid calls each day.

      And btw, I don't care in bringing down such a big and important industry if what it does is something I find completely incorrect.

      Decameron

      --
      diegoT
  30. This is funny... by Danse · · Score: 5, Informative



    E-mail bill
    Bill # H.R.718

    Original Sponsor:
    Heather Wilson (R-NM 1st)

    Cosponsor Total: 115
    (last sponsor added 06/05/2001)
    43 Democrats
    72 Republicans
    About This Legislation:
    This bill would require accurate return addresses on unsolicited commercial e-mail. HR 718 would make it illegal to continue sending junk e-mail to a person who has asked to be removed from a distribution list, require unsolicited commercial e-mail to be labeled, and require ISP's to let their customers opt-out of receiving junk e-mail. The bill would also set a penalty for continuing to send junk e-mail after someone has asked for it to stop. HR 718 would also allow ISP's to sue spammers for $500 per message if they violate their antispam policy.

    The DMA opposes HR 718 and has testified before Congress on the bill's onerous provisions.


    They don't actually say what provisions they find to be onerous. Is it the fact that people can decide that they don't want to receive junk mail? Or is it the fact that they have to provide an accurate return address? Or maybe it's the fact that they would have to label their advertisements as what they are instead of trying to make people think they are something else. No... couldn't be any of those things. That would make the DMA seem evil :) Must be the fact that there is actually a punishment for violating these rules. That's gotta suck.

    --
    It's not enough to bash in heads, you've got to bash in minds. - Captain Hammer
    1. Re:This is funny... by big_debacle · · Score: 1

      Perhaps further investigation is necessary.

      While the DMA does oppose HR 718 (as does The Coalition Against Unsolicited Commercial E-Mail CAUCE), they are in support of HR 1017, the Anti-Spamming Act of 2001.

      Essentially, from what I gather, the DMA opposes HR 718 because it gives the ISPs the right to define their own spam policies and enforce them legally (as opposed to allowing individuals to determine what spam they would like to opt-out of).

    2. Re:This is funny... by Danse · · Score: 2

      Well, since the ISPs have to deal with all the email traffic, why shouldn't they get to decide? They are selling a service to their customers, why shouldn't they get to decide what kind of service they want to sell? You can choose an ISP that has a policy compatible with your needs. If there's a market for ISP service that doesn't block SPAM, then someone will sell that service. If there isn't, then they won't.

      --
      It's not enough to bash in heads, you've got to bash in minds. - Captain Hammer
    3. Re:This is funny... by Steve+B · · Score: 2
      Essentially, from what I gather, the DMA opposes HR 718 because it gives the ISPs the right to define their own spam policies and enforce them legally (as opposed to allowing individuals to determine what spam they would like to opt-out of).

      Translation: The DMA opposes HR 718 because it enables effective action by someone who actually has the time and resources to pursue it (ISP support staff), instead of limiting itself to non-action by people who have neither of the above (individual spam targets).

      --
      /. If the government wants us to respect the law, it should set a better example.
    4. Re:This is funny... by dfries · · Score: 1

      Just as long as they are for sure blocking spam and not the e-mail I actually requested (web form etc), that can't be distinguished from spam. The idea of allowing an ISP to arbitrarily decide what e-mail I get is bad, they might block much more than spam, and that is censorship.

    5. Re:This is funny... by Danse · · Score: 2

      Well, since the bill also requires that unrequested advertisement be labeled as such, it wouldn't be a problem.

      --
      It's not enough to bash in heads, you've got to bash in minds. - Captain Hammer
  31. 1st Amendment by MacAndrew · · Score: 5, Informative

    I doubt that would pass constitutional scrutiny. It's not so much people signing up for the list as the state imposing penalties for politicians exercising a free speech right that we hold dear. "Commercial speech" is easier to regulate constitutionally. So (and I'm guessing) I think a court would say the intrusion is relatively mild and that less restrictive alternatives are available, such as anti-harassment law. For example, they get to call you once without penalty, something like that.

    There is, however, much better self-regulation, because politicians really really don't want to tick people off, unless they're pretending to be the opponent (it's been done).

    BTW, the political spam case against Senator Elizabeth Dole in NC was dismissed without prejudice for lack of evidence. Anyone have more details?

    1. Re:1st Amendment by Amazing+Quantum+Man · · Score: 5, Insightful

      Re 1st Am issues...

      Yes, they have a right to say things, but they don't have a right to force me to hear them.

      --
      Fascism starts when the efficiency of the government becomes more important than the rights of the people.
    2. Re:1st Amendment by MacAndrew · · Score: 3, Interesting

      True, and there's the tension. Neither side gets everything they want.

      Every 1st amendment case is a struggle between the side that wants the speech and the side that doesn't. Compromise is inevitable.

      The total intrusion is (time to pick up phone) + (time to hang up). I *think* a court would say this was insufficient to justify barring or "chilling" the speech.

      Here is a court that signed off on a blanket ban. Also, there is a Supreme Court case pending that may have implications for telemarketers. There is much up in the air, and I offer only an educated guess. (more to read)

    3. Re:1st Amendment by Anonymous Coward · · Score: 0

      This has nothing to do with limiting free speech, but has everything to do with regulating the medium. Do you think it's a violation of your rights that, say, you cannot transmit on any radio frequency you want? How about sending out assloads of spam email selling whatever? Let me repeat, this has nothing to do with free speech. The sooner you realize this the sooner you'll not be a dumbass.

      The total intrusion is (time to pick up phone) + (time to hang up)

      That's not entirely descriptive enough. How about (time to pick up phone) = (time to get out of shower thinking it's a friend calling) XOR (time to get up from a peaceful dinner with your family) XOR (time it takes to rush in to your house when just getting home)? Also, you forget to mention the time it takes to figure out who the fuck is calling you too.

    4. Re:1st Amendment by Takeel · · Score: 2

      Commercial speech has little to no first amendment protection.

    5. Re:1st Amendment by Anonymous Coward · · Score: 0

      This is exactly right. I am a deputy attorney general in a midwestern state (thus, anonymous) with a "telephone privacy" list, and have been heavily involved in both drafting our law and defending its constitutionality in court.
      The key here is the 1st Amendment. It was written specifically with political speech in mind. If political speech is regulated, in the minds of the drafters, we run the risk of tyranny. Exactly what declaring independence from England was all about. In the minds of the founders, as well as the Supreme Court, political speech is nearly sacrosanct.
      Commercial speech is different. Selling things is not a requisite to a free democratic society. Thus, commercial speech can be much more heavily regulated (eg cigarette ads, alcohol ads, truth in advertising, etc).
      The other exceptions are a combination of political concessions to strong lobbies(insurance, etc)and recognition of "quasi-political" speech (e.g. charities).

    6. Re:1st Amendment by Anonymous Coward · · Score: 0
      political speech is nearly sacrosanct

      Wow, that is scary. I can't tell a politician not to call my private phone. Extend the argument to email: allowing (DEMANDING!) access to my inbox really gives the underdog a chance to get their message out. Someone running for swine inspector in Dogpatch can send an email to the whole country for less than a local radio ad would cost. And ISPs have to host the spammer because it is political speech.

    7. Re:1st Amendment by plague3106 · · Score: 1

      I have the right not to hear what you have to say too, if i choose not to.

      Its perfectly acceptable to put a no soliciation sign in my lawn to indicate that i do not accept that; this is simply a way to do the same thing for your phone.

    8. Re:1st Amendment by MacAndrew · · Score: 2
    9. Re:1st Amendment by duncan7 · · Score: 1

      I'm all for political calls (in principle) as a means of getting information to voters and accept the idea that regulation of same verges on the "tyranny" that the 1st Amendment purports to prevent. What bugs me, though, are the *recorded* political announcements. During the week before the mid-term elections, I probably got three calls a day, most of which were recorded messages. When I get a call from and individual at the local office of party X, I'm free to say "Thanks, but I have a ride to the polls. I might add that, unless I'm surprised to find that ride is on the back of a winged pig across the frigid steppes of hell, I'm unlikely to vote for your candidate. Please refrain from calling me in the future." I've also said "Look, your guy had me at 'Hello.' Please spend your time calling folks whose opinion you can still affect." And they honor those requests, mostly. Certainly until the end of that election cycle.

      I can't "opt-out" when they're wardialing, though, and that pisses me off. Is it tyranny to limit the details of the communication, but not the means?

    10. Re:1st Amendment by plague3106 · · Score: 1

      You can call the police if people violate your no solitation sign.

      With the DNC list you essentially have to go to the gov't first. Or face their penalties.

      Um, i don't see any other way of doing it. There has to be one central list. And there has to be penalties for violators. Otherwise, the whole thing falls apart. Self regulation doesn't work.

      Really fatal is that you have to buy the list from them; I'm sure they'd have to waive that.

      Should our tax dolars pay for it? Personally, i'd be pissed if they used them to pay for much of this. Why? Because there would be no need for this list if buisness didn't abuse the phone system.

      Also, political speech is considerably better protected than commercial.

      Why, because of the exemptions? I wouldn't want to stop charities from doing so; they are actually trying to serve a public good. As far as political exemptions...since i've never, ever been called once by a political organization, i don't really mind that. I've ONLY been called by commercial companies.

      If you look at the solicitation case, the Court was intensely critical of the encumbrance on speech. An 8-1 vote means even the most conservative members crossed the line to join the more liberal.

      The courts are never wrong, is that what you're saying?

      Nothing is stopping people from going to a public place to advertise their crap, or try to convert people to thier religion. They are allowed to do that. However, going onto someone elses private property and distrubing them in thier home is quite another thing.

      There is no problem with people expressing their preferences in advance, but have the gov't do it for them?

      The gov't isn't expressing thier preference for them. The people do that by signing up on the list. The gov't is simply enforcing thier preference.

      Prior restraints -- forbidding someone from speaking in advance -- are particularly suspect.

      No one is stopping them from doing that; they are simply being stopped from contacting people that have expressed a desire not to be contacted.

      Perhaps citizens have to do so for them selves -- "No Soliciting" -- and their are gadgets to let you do so with the telephone (caller id, the famed hang-up).

      The no soliciting sign prevents someone from ringing your doorbell or coming onto your property in the first place. Caller id or hanging up do not allow this; this is equivelent to looking out the window or slamming the door shut AFTER someone has violated your preference.

      It's ironic, really, you'd think the solicitors would be delighted to have a list of people who don't want to talk to them, but they must realized many of those who sign up can still be swayed.

      Whats your point here? There are solicitors that didn't honor my wishes to be left alone by them. Which is really the whole problem. Do you really think that you can annoy someone to do buisness with you? Most likely you do the opposite; people will turn against you and your product or cause.

      Another weakness I hadn't reflected on much is that it is somewhat unclear what statutory authorization the FCC and FTC, both of which have proposed lists, have to spend money on and enforce DNC lists. It may lie outside their mandate and require explicit authorization and appropriations from Congress.

      Yes, which is why they are asking congress for the power to do so. I hope they get it. Your point again?

      I'm not working up arguments for the plaintiffs, just trying to predict from experience....Personally I can deal with saying "no" and although the idea of a DNC list sounds delightful, I like the First Amendment, too.

      If so, why didn't you say 'i don't think this will work because the courts...'? You didn't say that. You seem to believe that this list has something to do with free speech.

      so don't bother trying to argue with me.

      If you don't want people to try and counter your arguement, don't bother posting. I'm arguing with you because i think you're way off base.

      I foresee problems, and it is likely that it will be a while before anyone even attempts to limit such speech and invites the fight.

      Its not a limit on speech. You have the right to speak your mind, i have the right not to be forced to listen to you in my own home. Speak all you want in a public place, no one is stopping you even if they don't want to hear it.

      Believe it or not, there really is a right to pester people, at least briefly.

      No, there is not. Is there a right to caues minor injury to someone, like a bruise? No? Maybe you don't have the right to bother someone in thier own home either.

  32. Do-Not-Call lists rock by Gyorg_Lavode · · Score: 5, Interesting

    I live in CO which implimented a do-not-call list about a year ago. I can say it works damn well. I get almost no unsolicited calls. This is compared to when I visited the family over christmas and was having to hang up on 3-4 telemarketers each day. There were no calls during the elections this year so either there is a difference in the law between states or this stipulation has little impact. The only thing I get are calls from the firefighter and Police fraturaties which are delt with with a simple, "Please put me on your 'do not call' list. Thankyou"

    --
    I do security
    1. Re:Do-Not-Call lists rock by dfries · · Score: 1

      Missouri also has a do-not-call list which we are on and last year I had a call from Mr. Bush, it was a recording. Um, I hope so or I just hung up on the President!

  33. DMA Lies by Anonymous Coward · · Score: 0

    The DMA's numbers are grossly inflated--if you believe them, $274 billion was spent on telemarketing (outbound) in 2001. That would mean that every American household bought $2700 in goods from telemarketers! What a load of crap!

  34. Popular in Colorado by Bloodmoon1 · · Score: 5, Informative

    Here in Colorado, our DNC list has been taking subscribers for less than a year, and has been enforceable for about 3 months, and so far 1 million lines are on it. Not sure how many lines we have all together, but the state's total population is 4.4 mil, so I predict Mass. will probably get more than a third of their population on board in the end. And as for the legal challenges, several companies have tried to stop the list with no luck. It's actually kind of funny because it seems like they have some valid arguments sometimes, but the courts refuse to listen to them.

    --

    Request: ECM unit, 1000 km fullerene cable, 1 tactical nuclear weapon. Reason: Birthday party for foreign dignitary.
    1. Re:Popular in Colorado by Anonymous Coward · · Score: 0

      http://www.the-dma.org/government/donotcalllists.s html

  35. Re:Use their email form to support the no-call lis by Anonymous Coward · · Score: 0

    Excellent idea! Use their own gun against them... hee hee

  36. Voice your opinion on the DMA website! by Vermyndax · · Score: 1

    I did...

    http://www.red-abstract.com/users/alexander/diary. htm

    Hope someone really gets it...

  37. cell phone? by ejaw5 · · Score: 2

    you had to list your cell phone number? It'll be a very sad day when solicitors start calling my cell using my minutes that I pay for

    --

    $cat /dev/random > Sig
    1. Re:cell phone? by ostiguy · · Score: 3, Funny

      someone probably once said, "it'll be a sad day when people exploit the openness of core internet protocols for commercial gain"

      ostiguy

    2. Re:cell phone? by Cato+the+Elder · · Score: 4, Informative
      It'll be a very sad day when solicitors start calling my cell using my minutes that I pay for

      Well, a sad day unless you are happy at the prospect of suing them for violating the law. It is already illegal to make a solicitation to a cellular phone, and you can collect $500 per violation or actual damages, whichever is greater. (see here for the relevant legalese).

    3. Re:cell phone? by Pseudonym · · Score: 3, Funny

      Something amusing: In Commonwealth English, the term "solicitor" refers to a lawyer. When I first visited the US, the airport had these annoucements about how you did not have to give money to solicitors, and the airport did not encourage their activities. I found this funny.

      --
      sub f{($f)=@_;print"$f(q{$f});";}f(q{sub f{($f)=@_;print"$f(q{$f});";}f});
    4. Re:cell phone? by dougmc · · Score: 1

      Sorry, accidently moderated this post `overrated' when I meant to make it `funny'. Hopefully this post will un-do my vote ...

    5. Re:cell phone? by Captain+Nitpick · · Score: 1
      you had to list your cell phone number? It'll be a very sad day when solicitors start calling my cell using my minutes that I pay for

      It's already illegal for telemarketers to call cell phones, for that reason. There may be some loophole for those which you have a "established business relationship" with.

      --
      But then again, I could be wrong.
    6. Re:cell phone? by Bios_Hakr · · Score: 4, Interesting

      That's $500 if you can get their contact info. If you ask for the name and address of the legal dept of the company placing the call, the guy will likely hang up.

      Then you have to convince a court to take the case. From what I remember, this involves time, a filing fee, and more time.

      --
      I'd rather you do it wrong, than for me to have to do it at all.
    7. Re:cell phone? by Anonymous Coward · · Score: 0

      Is there an equivalent thing for canada? Does anyone know a cite?

    8. Re:cell phone? by CaptainZapp · · Score: 1
      That's $500 if you can get their contact info. If you ask for the name and address of the legal dept of the company placing the call, the guy will likely hang up.

      Isn't calling somebody and then hanging up considered phone harrassment. And isn't the phone company / DA /whoever obliged to prosecute this?

      --
      ich bin der musikant

      mit taschenrechner in der hand

      kraftwerk

    9. Re:cell phone? by Anonymous Coward · · Score: 0

      Maybe so, but when I had a telemarketer call my cell phone last week, I asked them not to call back. They kept calling back, screaming "bitch" or other explicitives, then hanging up. Their caller-ID was blocked, and I did not get the name of the company. I called my carrier (SprintPCS) and they were not helpful in the manner.

      The lesson I took away from it is that if I can't caller-ID you on my cell phone, than you and I cannot possibly have anything to talk about, so I just won't answer it.

    10. Re:cell phone? by NDPTAL85 · · Score: 2

      Fortunately it wasn't a sad thing. Those commercial interests provided jobs and increased wealth for thousands of people.

      --
      Mac OS X and Windows XP working side by side to fight back the night.
  38. You don't pay, telemarketers do. by raehl · · Score: 5, Interesting

    The system is generally paid for by charging the telemarketers a fee to give them the list of people they arn't allowed to call. Don't want to pay for the list? Then the state attorny's office just makes you pay with fines instead.

    WI has one of these that JUST went effective Jan 1. I signed up in October, when I was getting 2-3 calls between 8 and 11 am every morning and another 2-5 every night. I have received 3 calls since Jan 1 total, 2 hangups and 1 person from the trooper's association. (I don't do contributions on the phone, too many scams where 10% of the money goes to the organization.)

    It took me a week to realize I wasn't getting the calls anymore, hard to notice silence, but it is a tremendous difference. Yay for productive legislation.

    Now, if anyone can tell me where to sign up for the NO SPAM list, I'll be even happier.

    1. Re:You don't pay, telemarketers do. by Anonymous Coward · · Score: 0
      It took me a week to realize I wasn't getting the calls anymore, hard to notice silence, but it is a tremendous difference. Yay for productive legislation.

      I wish Ohio had a do-not-call list like this. As it is I have to pay around $4-$5 a month to get Ameritech's Privacy Guard. I was leary at first, but it has worked very well. Since 99% of the telemarketers numbers show up as out of area or private on caller id it dumps to privacy guard where they have to announce themselves. Then it rings through and I can choose to answer or not after listening to their announcement. Since most of the calls were automated cold calling machines it never gets to the announcement, never rings through and I never get bothered. 6-7 calls on weekends from spammers went down to 0. The only bad side effect is some of my friends block caller ID so they need to enter the pin number to ring through. :-)

    2. Re:You don't pay, telemarketers do. by CaptainZapp · · Score: 2
      Now, if anyone can tell me where to sign up for the NO SPAM list, I'll be even happier.

      Easy, just send an email to the "Porn Pusher Association of America" (info@ppaa.us), I think the illicit Viagra pushers, the barely legal slut convention and 7892134698hnjdflks@yahoo.com will also put you on the list if you ask nicely.

      --
      ich bin der musikant

      mit taschenrechner in der hand

      kraftwerk

  39. Every hear of a "common carrier"? by Anonymous Coward · · Score: 0


    Yeah, didn't think so. Look it up, that's why you're wrong.

  40. Telemarketing Good for Economy by beholder77 · · Score: 4, Interesting

    I know I'll get modded down for this :)

    I work, as a programmer, for a company that does in-bound (customer care) and out-bound (telemarketing) business. I get just as annoyed at telemarketers as everyone else, but these calls are providing real employment for people who would otherwise be living marginal or supported lives.

    Let them give you the spiel, say no POLITELY, and know you helped someone feed their family.

    --
    Success is as dangerous as failure, hope as hollow as fear.
    1. Re:Telemarketing Good for Economy by MacAndrew · · Score: 5, Insightful

      Before you go down all alone...

      My mom worked as a telemarketer for a while, doing surveys actually. She did it because she hated humanity .. oh wait, because she/we needed the income. I assure you she was unfailingly polite and did not have cloven feet.

      That said, I really think we should be able to cook up better jobs for similarly qualified people, something with some skills taught and upward mobility. If these jobs exist, believe me they'll get taken quick. I regret hearing antiquated or destructive industries defended as "providing jobs" -- most recently by a Christmas tree grower. (Good reason to buy a Christmas tree: you want one. Bad reason: to create jobs.)

      Jobs and productivity are good for the economy. But not just any jobs.

    2. Re:Telemarketing Good for Economy by OldMiner · · Score: 2
      but these calls are providing real employment for people who would otherwise be living marginal or supported lives.
      Let them give you the spiel, say no POLITELY, and know you helped someone feed their family.

      Just like the guy in the black mask robbing the liquor store? Just be happy to give him your wallet! You're helping to support his heroin habit! You wouldn't want him to die from withdrawl, would you?

      Fast food is always hiring, and I'd argue it is much more moral. I'd also wager it provides for greater experience -- You can honestly deal with people like you might in any other real customer service activity; and updward mobility -- being a Burger King GM isn't that bad of a deal.

      --
      You like splinters in your crotch? -Jon Caldara
    3. Re:Telemarketing Good for Economy by Decameron81 · · Score: 1

      I'm very sorry but to me it's not fair to support this because it creates jobs. I don't want to find myself in the future saying no (politely) 100 times a day because we need to feed people.

      Supporting something I find to be absolutely wrong is against my principles.

      Decameron

      --
      diegoT
    4. Re:Telemarketing Good for Economy by arkhan_jg · · Score: 1

      I must admit, I still think that telemarketing is about as low a job as you can go, while remaining inside in the warm.

      Still, it's not the telemarkets fault they have to do such a crappy job, so I agree there's no need to blast them for it. Personally, as soon as I twig they're trying to sell me something (usually about halfway through the first sentence) I tell them that
      a) I rent, therefore am in no need of double glazing, to sell my property, or to have my carpets shampoo'd
      or
      b) I never use credit cards, so don't need one.

      I rarely have to say anything else to make them quit and move on. All acomplished with minimal effort and politeness!

      --
      Remember kids, it's all fun and games until someone commits wholesale galactic genocide.
    5. Re:Telemarketing Good for Economy by cyberformer · · Score: 4, Informative

      Unfortunately, a alot of telemarekting is no longer done by unqualified, minimum-wage people who would otherwise be unemployed. It's outsourced to 3rd-world sweatshops, or even to US prisons.

    6. Re:Telemarketing Good for Economy by BCoates · · Score: 2

      I get just as annoyed at telemarketers as everyone else, but these calls are providing real employment for people who would otherwise be living marginal or supported lives.

      Are there no prisons?

      And the workhouses, are they still in operation?

      Is welfare and public assistance still in effect?

      I help to support these establisments -- they cost enough; and those who are badly off must go there.

      --
      Benjamin Coates

    7. Re:Telemarketing Good for Economy by beholder77 · · Score: 2, Interesting

      I agree with you. But thus far, better jobs have not surfaced.

      I live in a mining town where the unemployment rate is quite staggering. At this point, any job is worthwhile to these people. This is the same story heard in the east coast (Canada), single resource towns drying up because of lack of employment. These call centers we all hate are keeping these places alive.

      I'm going to go out on a limb here and guess that most people reading this post will be from a larger uban centers. I doubt many of you have seen a town "dry up". Especially one you grew up in, and thought of raising a family in. It's very disheartening. Before you say it, the arguement of "well, just move!" is not entirely useful. You might find the area you live tolerable, but some don't :)

      Telemarketers are not evil as MacAndrew pointed out, they're not trying to help you loose weight by intterupting you during supper, they're just making ends meet until something better comes along.

      If you have a better solution to high unemployment in small towns that doesn't inconvenience you, please speak up.

      --
      Success is as dangerous as failure, hope as hollow as fear.
    8. Re:Telemarketing Good for Economy by beholder77 · · Score: 1

      I'm guessing this is a troll but...

      Prisons? I said they were poor not criminals :)

      The point of this (any) job is to keep people off public assistance. Telemarketers pay income tax just like you do, they provide for familys and contribute to the economy and the country in general, just like you do.

      But hey, if you'd rather see the doors closed on these companies (10,000+ employees worldwide for the company I'm employed with), I'm sure you also wouldn't mind the tax burden associated with that.

      I won't mind. I'll be living on a free taxpayer ride. Maybe I'll become a crimnal too, and take advantage of that great prison system!

      --
      Success is as dangerous as failure, hope as hollow as fear.
    9. Re:Telemarketing Good for Economy by tbuskey · · Score: 1

      > If you have a better solution to high
      > unemployment in small towns that doesn't
      > inconvenience you, please speak up.

      I read a comic (Hellblazer, don't remember the issue #) that had a plot about this. The solution was a bit sick.

      Basically, the town created a subscription porn site on the web. Everyone in town would take turns of a week being the "victim" of various sexual abuse while chained up, etc.

      From one single resource to another....

      There are other ways to make a living and the web makes it easier to find an audience.

      I know some people selling things on eBay. Or making & selling crafts.

    10. Re:Telemarketing Good for Economy by BCoates · · Score: 2

      I won't mind. I'll be living on a free taxpayer ride. Maybe I'll become a crimnal too, and take advantage of that great prison system!

      If you'd rather, then you'd better do it, and decrease the surplus population.

      It's not my business; It's enough for a man to understand his own business, and not to interfere with other people's. Mine occupies me constantly.

      Good afternoon.

      --
      Benjamin Coates

    11. Re:Telemarketing Good for Economy by Anonymous Coward · · Score: 0

      Sorry, but I don't think it's my responsibility to feed that town. You could make many of your arguments in support of crime.

      Worrying the reproductive spheres off of people is not a solution.

    12. Re:Telemarketing Good for Economy by Anonymous Coward · · Score: 0

      Telemarketing ranks somewhere between crack whore and mob hitman on the "job" scale.

      I don't just want to see the doors closed - I want someone to pitch a high-yield nuke through the doors before they close.

    13. Re:Telemarketing Good for Economy by Anonymous Coward · · Score: 0

      It's outsourced to 3rd-world sweatshops, or even to US prisons.

      Prisoners would be employed...by their cellmates, if you know what I mean.

    14. Re:Telemarketing Good for Economy by sparkz · · Score: 2
      I don't enjoy giving telemarketers a hard time - much less technical support staff. Okay, telemarketers know what they're getting for their $4/hr, but tech support staff, the guys you have to phone to get a genuine problem dealt with, do not have the power to deal with the problem you have, so I can't make them take responsibility.

      A current example (email, rather than phone) - my ISP allows SSI, including #exec. I had a little play around, found that "#exec niscat passwd.org_dir" and other useful things worked, on Friday night, so I sent them an email. On Tuesday morning (1am) I got a response, saying "Not being a server engineer myself, none of this happens to mean very much to me but I will certainly ensure this matter is passed on to our product team for investigation."

      Being 4am Wednesday morning, I've had no response. I really don't want to lay in to poor old A Jupp - he's done what he can, but I can't lay in to anyone else - s/he's my interface to the people who *can* do something.

      The people put on the phones are given all the responsibility with none of the power.
      This is a really cheap way for companies to rip off their customers - "Here's our helpline!" [it's useless]. We've done our corporate responsibility; the frustrated customers speak to the frustrated support staff, and there is no mechanism for all this frustration to pass upwards to the decision makers, so a vicious circle is created, none of which affects the salary bonuses of the directors.

      --
      Author, Shell Scripting : Expert Re
    15. Re:Telemarketing Good for Economy by randyest · · Score: 1

      If you have a better solution to high unemployment in small towns that doesn't inconvenience you, please speak up.

      Move.

      --
      everything in moderation
    16. Re:Telemarketing Good for Economy by cliveholloway · · Score: 3, Interesting

      I know I'll get modded down for this :)

      I work, as a programmer, for a company that does in-bound (customer care) and out-bound (telemarketing) business. I get just as annoyed at telemarketers as everyone else, but these calls are providing real employment for people who would otherwise be living marginal or supported lives.

      Let them give you the spiel, say no POLITELY, and know you helped someone feed their family. Success is as dangerous as failure, hope as hollow as fear.

      Right. Let's reword this a little more extremely:

      "I work, as a programmer, for a company that does in-bound (customer care) and out-bound (marketing) of child pornography. I get just as annoyed at child pornographers as everyone else, but these people are providing real employment for people who would otherwise be living marginal or supported lives.

      "Let them ask if they can take photos of your children, say no POLITELY, and know you helped someone feed their family."

      ---

      I'm not saying it's as evil as child pornography, but it is still evil. Lack of money is no justification for lack of morality. You have to draw the line somewhere. I suppose mine is a little further over than yours towards respect for an individual's privacy.

      .02

      cLive ;-)

      --
      -- Trinity in high heels carrying a whip: The donimatrix - there is no spoonerism
    17. Re:Telemarketing Good for Economy by Zigg · · Score: 2

      Let them give you the spiel, say no POLITELY, and know you helped someone feed their family.

      I am under no obligation, moral or otherwise, to make it possible for someone to work in an industry that engages in harassment, regardless of that person's station in life or lack thereof.

    18. Re:Telemarketing Good for Economy by Zigg · · Score: 2

      Are you trying to be funny, or just trolling?

      If it's the former, you're not succeeding.

    19. Re:Telemarketing Good for Economy by Anonymous Coward · · Score: 0

      I've been desperate for money to feed my family too. I didn't end up harassing people in the name of commerce. "I needed the job" is not a valid reason for doing something obnoxious.

    20. Re:Telemarketing Good for Economy by d^2b · · Score: 2
      ..but these calls are providing real employment for people who would otherwise be living marginal or supported lives.

      Yikes. Are you saying that listing to telemarketers is a tax to support the down and out? Or a charity?

      Thanks, but I already pay plenty of taxes for just that purpose (but I'm not a USAan). OTOH, a charity is something you choose to give to; otherwise it just being mugged in some minor way.

    21. Re:Telemarketing Good for Economy by andyt · · Score: 1

      I read a comic (Hellblazer, don't remember the issue #) that had a plot about this. The solution was a bit sick.

      If ever there was a post that deserved -1:Redundant ... :-)

    22. Re:Telemarketing Good for Economy by Creepy · · Score: 2

      There are other forms of marketing besides telemarketing, and I'm sure the post office will NEVER implement a "do not mail" list (since most of their money is from junk - er, bulk - mail).

      There's always passing out leaflets, sticking cards in car windows, stapling posters onto telephone poles, and spamming. At least with those, I can look at them at my convenience (if at all), and not the sales person's (if I get another friggin call during dinner...)

      I've done direct sales, and quite frankly, I hope they go down next (nearly all are slightly superior to retail store products that go for nearly 10x the price). I won't give direct sales people leads in the hope that their markets dry up.

    23. Re:Telemarketing Good for Economy by hawkfish · · Score: 1
      these calls are providing real employment for people who would otherwise be living marginal or supported lives
      Kind of begs the question of why do these people have to work at all? I mean if the choice is between having them do nothing (welfare), having them do something annoying (telemarketing) and have them do something destructive (rioting), I'd opt for nothing every time.

      We live in an incredibly productive economy. Telemarketers aren't the only people doing nothing useful. Maybe we all need to lose this Calvinistic "he who does not work shall not eat" and start having more fun.
      --
      You will not drink with us, but you would taste our steel? - Walter Matthau, The Pirates
    24. Re:Telemarketing Good for Economy by stanmann · · Score: 1

      Ok, I'll explain the joke for him, It is a quote from "a Christmas carol" by Charles Dickens.

      --
      Food not Bombs is a nice platitude but it breaks down when you notice that the Bombees are usually well fed
  41. In related news... by s3xyb17ch · · Score: 2, Funny

    The worldwide federation of unsolicted email has just provided a do-not-spam email list. The list will provide an easy way for spammers to check and see if your email address is on the list, so that you will not receive their wonderful deals! When asked if spammers would use the list to send you anonymous advertising, the federation replied, "Spammers are good honest citizens of society and would never do such a thing."

    --
    The futexes are also cursed!
  42. It was real nice of them... by ColdBoot · · Score: 1

    to provide an automated way for me to contact my Legislators and tell them I am in favor of the national do-not-call list. Darned civilized if you ask me.

    1. Re:It was real nice of them... by Danse · · Score: 3, Informative

      Heh. Their script probably ignores what you put in the text box and just mails their own text to the legislators. That way they don't have to worry about people accidentally saying something they don't mean. And the legislators don't have to read each email. They just see that there's 100,000 emails from the DMA site that all say the same thing. No fuss, no muss :)

      --
      It's not enough to bash in heads, you've got to bash in minds. - Captain Hammer
  43. How about Patenting your phone # by Greeneland · · Score: 1

    Then you could charge license fees for them to call you!

  44. Just an opinion. by handsomepete · · Score: 1

    I think that these state based no-call lists are just a money grab. Last year Missouri made about 1 million dollars off of fines (here's a small play by play - we went after Miss Cleo!). Yeah, I know, it's not much in a government budget, but that was after the first year and not many people had signed up.

    After that 'success', Attorney General Nixon announced his desire to start a No-Spam list, which is kind of silly but it does give the state another group of people to fine. A pretty large group, assuming that they're actually ever able to hunt a spammer down. Granted, it doesn't cost me anything and I have received substantially fewer telemarketing calls (but a lot more calls with silence on the other end...) and I'm not complaining, but what's the real point of this? And why now? This could've been started years ago. Why the sudden push? Anyone else?

    1. Re:Just an opinion. by PhoenixFlare · · Score: 1

      Would you rather nobody was taking action at all?

      Or that you weren't getting substantially fewer marketing calls?

      How/When would you suggest it all be done?

  45. California's is over-due by Charles+Dodgeson · · Score: 3, Informative
    According to law, California should have had one up and running by Jan 1, 2003. But it appears that the Attorney General isn't interested in doing it.

    If you are in California, make a fuss about this in your local press.

    The AG's office website gives gives some information, but fails to mention that they've let the deadline slide.

    --
    Prime numbers are exactly what Alan Greenspan says they are -S. Minsky
  46. MN is another State by kermada · · Score: 1

    Minnesota also is starting the same program with more than half of the phone lines already signed up for the new year.

    1. Re:MN is another State by koehn · · Score: 1

      That's over 1.5 million phones in the state registered on the Minnesota DNC list (over 1/2 of phones in the state), and it's only been available since November!

  47. What makes MA so special? by enos · · Score: 1

    Indiana had one of these for a while and I didn't hear it being mentioned on slashdot. It works great, too!

    --
    boldly going forward, 'cause we can't find reverse
    1. Re:What makes MA so special? by Anonymous Coward · · Score: 0

      What makes it special? They've been taking applications for 7 days now, and 160,000 people signed up. That is what makes it so special.

  48. User of the NY Do-Not-Call List by neema · · Score: 2

    I've been using the NY Do-Not-Call List for a bit and it works pretty well, so far. There are, however, a few loopholes. I don't know about the ones outside the state, but for the NY one the company is allowed to call you if you've already done business with it, are doing business with it or either one of those for a parent company or subdivision. That's pretty broad so a few still get through.

  49. Texas by Danse · · Score: 2

    Ours is damn expensive. Check this out:

    The first list, a statewide "Do Not Call List," will apply to any telephone marketer, including Retail Electric Providers, calling a Texas residential phone number. There is a registration charge of $2.25 for each residential phone number to be included in this list only. Your registered residential telephone number(s) will remain on this list for three years.

    I wanna know where the hell all that money is going!
    --
    It's not enough to bash in heads, you've got to bash in minds. - Captain Hammer
    1. Re:Texas by DennyK · · Score: 2

      You think that's bad...FL is $10 for the first *year* and $5 for each year thereafter, per number. And it doesn't stop the Orlando Sentinel from harassing me because I read my news online instead of in their dead tree edition; newspapers are exempt from the list, along with the usual "preexisting relationship", political, and charitable exemptions. Bleah.

      DennyK

  50. logic by Anonymous Coward · · Score: 0

    If someone signs up to the Do Not Call list, they are very unlikely to be receptive to telesales. So why is the DMA complaining, the markets for their members are substantially narrowed so they waste less time making none-productive calls.

    Anyway, here in the UK, your local authority can/will sell the _electoral roll_ to snail mail spammers. That's right, if you sign up to vote, you will likely get junk mail.

    <anecdote>Several years ago, my parents put in a nice new kitchen. Only after, and I mean days, did telemarketers ring us up at dinnertime asking if we would like to buy a new kitchen. Those calls lasted for about two years, on and off.</anecdote>

    1. Re:logic by Anonymous Coward · · Score: 0
      Anyway, here in the UK, your local authority can/will sell the _electoral roll_ to snail mail spammers.

      They don't need to sell it. It's available free of charge in your local library.

      Celebrities don't like this, so I believe from this year onwards there are two version of the electorial roll: a public version, which you can opt-out of, and a compulsory version which is not published.

  51. Exemptions make it not worth my ~$2 by intermodal · · Score: 3, Interesting

    I live in Texas, and not only does it cost ~$2 to sign up, but there's a bunch of confusing exemptions, roughly 6 months delay of activation, and is only available for residential phones. I can get more than $2 enjoyment out of telling off a telemarketer, or out of speaking nothing but German till they get confused and hang up. They generally don't call back after that one. So unless it's going to be free as in beer, and without exemption, I'm not gonna bother unless, as the parent post says, it becomes similarly easy to Mass.'s program, with a plus for no exemptions.

    --
    In SOVIET RUSSIA... erm...NSA AMERICA, the Internet logs onto YOU!
    1. Re:Exemptions make it not worth my ~$2 by Anonymous Coward · · Score: 0

      speaking nothing but German till they get confused and hang up

      something like:

      Hau ab Du scheiss Gottes Laesterung!

      or

      Gib mir Mutterkuchen oder gib mir Tod!

      ???

    2. Re:Exemptions make it not worth my ~$2 by ewieling · · Score: 1

      Only $2? The Florida Do-Not-Call List is $10 to put your phone number on the list.

      --
      I really shouldn't have used someone else's email address for this account.
    3. Re:Exemptions make it not worth my ~$2 by AntiNorm · · Score: 1

      Or act out the one scene from the South Park movie...

      Essen mein Scheisse!
      Okey dokey! *prrrbbrbbbbtttt*

      (AFAIC, 'essen mein Scheisse' is a phrase that applies well to telemarketers anyway. In case you didn't know, its literal translation is "eat my s--t.")

      --

      I pledge allegiance to the flag...
      of the Corporate States of America...
    4. Re:Exemptions make it not worth my ~$2 by Anonymous Coward · · Score: 0

      If you want proper grammar, that should be more like:

      Isst meine Scheisse!

  52. Why would anyone want to be on this list... by AuMatar · · Score: 5, Funny

    when telemarketers are such a great form of entertainment. When telemarketers call me, I don't just hang up- I prank them. I pretend to have a heart attack, or to kill someone, or ask them what they're wearing. Bonus points for the more you can scare/piss them off.

    Hell, they're wasting my time by bugging me, providing a ource of amusement is the least they can do.

    --
    I still have more fans than freaks. WTF is wrong with you people?
    1. Re:Why would anyone want to be on this list... by charlito · · Score: 1

      I always wanted to treat them as free phone sex calls, but I've never had the balls to do it.

    2. Re:Why would anyone want to be on this list... by tuck182 · · Score: 1

      The nice thing about phone sex is that you don't have to let on what kind of balls you actually have.

    3. Re:Why would anyone want to be on this list... by Telastyn · · Score: 1

      This is especially great for telemarketters that can't hang up the phone (either because rules say so, or because a computer handles the dialing and the such). MCI for example has such a setup. They eventually try to get you to hangup by making the same looped argument, even after you explain why their service is inferior

    4. Re:Why would anyone want to be on this list... by Phil+Karn · · Score: 4, Informative

      If you'd like some inspiration at this, you can try listening to a real pro. My favorite is still his call from the carpet cleaners, closely followed by the "cemetery salesman" routine.

    5. Re:Why would anyone want to be on this list... by Anonymous Coward · · Score: 0

      Wow, Phil Karn! Nice to see you here...

      -random networking person

    6. Re:Why would anyone want to be on this list... by Anonymous Coward · · Score: 2, Insightful

      From the site you linked:

      1) "Telemarketers have the fire power to make 560 calls per second (24 million per day)."

      2) "The average American gets called 2 to 3 times per day by a telemarketer."

      Do the math... one of those has to be wrong. If 'fact' 1 is true, then less than 1 in 10 Americans gets a call each day. If 'fact' two is true, then the telemarketers have the ability to make roughly 600-900 million calls per day. No sources either... I hate randomly generated 'facts'.

      --SONET

    7. Re:Why would anyone want to be on this list... by Dalcius · · Score: 1

      Two words: "commit suicide"

      "Yes, Mr. Donaldson?"

      [shakey voice] "Yes?"

      "Sir, I'd like to interest you in"

      [sob]

      "Sir, are you ok?"

      "Have you ever thought about suicide?"

      The rest will come to you... =P

      --
      ~Dalcius
      Rome wasn't burnt in a day.
    8. Re:Why would anyone want to be on this list... by Phil+Karn · · Score: 3, Insightful

      Perhaps "fact 1" refers only to the larger individual telemarketers, not all US telemarketers as a group? Just a thought.

      Based on my own experience, "fact 2" does seems realistic.

  53. Telemarketing does not help the economy. by raehl · · Score: 2

    It hurts the economy by devoting captial to harassing people during dinner. Every person not paid to do this is a person who can be paid to do soemthing else - or just a slightly lower interest rate on credit cards so people can spend that money on other products.

    We shouldn't be paying people to waste other people's time when we could be paying them to do something productive. Hell, it would be better for the economy if we just paid those people not to do anything, like we do with farmers.

    1. Re:Telemarketing does not help the economy. by geekoid · · Score: 2

      yeah, thats what farmers dom nothing.

      I have relatives that are farmers, up an hour before sunrise doing nothing. Dirty and sweaty by 9 am bacause there doing nothing. Walkiong there fields checking for bugs that might be doing nothing...

      --
      The Kruger Dunning explains most post on /. http://en.wikipedia.org/wiki/Dunning%E2%80%93Kruger_effect
    2. Re:Telemarketing does not help the economy. by Anonymous Coward · · Score: 0

      Your sig needs the exchange rate in SoJ as well. :)

    3. Re:Telemarketing does not help the economy. by NDPTAL85 · · Score: 2

      His point is despite all this "work" it amounts to nothing since they farmers can't even afford to give their product away due to massive overproduction.

      --
      Mac OS X and Windows XP working side by side to fight back the night.
    4. Re:Telemarketing does not help the economy. by Steve+B · · Score: 2
      It hurts the economy by devoting captial to harassing people during dinner. Every person not paid to do this is a person who can be paid to do soemthing else - or just a slightly lower interest rate on credit cards so people can spend that money on other products.

      Precisely. This concept is more fully expounded in Bastiat's Fallacy of the Broken Window.

      --
      /. If the government wants us to respect the law, it should set a better example.
  54. Comment removed by account_deleted · · Score: 1

    Comment removed based on user account deletion

  55. Another BIG exemption. by Snover · · Score: 4, Informative

    Any transation that cannot be completed over the phone is exempt from the do-not-call list. That means most of those annoying recorded messages that end up on your answering machine -- "Sorry I missed you, but let me tell you about a great deal on clothes at..."

    --

    [insert witty comment here]
    1. Re:Another BIG exemption. by Anonymous Coward · · Score: 0
      That means most of those annoying recorded messages that end up on your answering machine


      Well, the good news is they're on top of that one:

      Section 3. A telephone solicitor shall not make or cause to be made an unsolicited telephonic sales call to a consumer: [...] by use of a recorded message device.

    2. Re:Another BIG exemption. by dschuetz · · Score: 2

      Any transation that cannot be completed over the phone is exempt from the do-not-call list. That means most of those annoying recorded messages that end up on your answering machine -- "Sorry I missed you, but let me tell you about a great deal on clothes at..."

      This is the example I always bring up to show that simply prohibiting any kind of SPAM won't work.

      These calls are already explicitly illegal -- and have been for years (though, again, political calls like "Tom Jones wants to remind you to vote for him!" are exempt, dammit.) But try to make them stop. We've tried many times, but they ignore our requests and keep calling anyway.

      Every now and then I consider starting a log, but:

      1. I'd have to keep a log by EVERY phone in the house
      2. I'd have to call their numbers, do extensive searching on the web, etc., to figure out who they are
      3. Many of these companies are very well "cloaked" so #2 becomes quite difficult
      4. When I have enough information, I'd have to try suing them (since nobody else seems willing to take the necessary measures to put them out of business)
      5. They could always say "it was a real human leaving a message," and it'd be difficult to prove otherwise, unless I happened to have 5 different copies of exactly the same message (with the same inflection, etc.).

      When it comes down to it, I just don't have the time. My life's busy enough without doing the government's job of catching lawbreakers for them.

      Now, if I could simply forward a copy of the telemarketer's messages directly to the FTC and expect a real response, and an automatic check for damages from the company in question, then we'd have it. But in this era of tax cuts and expensive wars, I don't expect the government to be able to do something so helpful for "normal people."

      I've considered just starting to get abusive with them -- I can always say that I've got a EULA published on my website that says I can yell, cuss, and generally abuse anyone who calls me. At least I could vent my anger that way, rather than doing something personally destructive like kicking the cat. :( If the guy at the other end doesn't like it, then he can just get another job.

      Anyway, the point is, people who are ignoring current laws will simply ignore new ones. Until we have a way to quickly and decisively prosecute these companies (without putting the burden on the victims, as it currently is), no amount of opt-out lists will solve the problem.

      That's my rant for this iteration of this topic. Feel free to search the archives for other, better-worded ones. :)

  56. Brainwashed drones or politeness? by intermodal · · Score: 2

    Once, when I had just turned 18 and there was a political election of some sort in my town, I got a phone call from a political faction who asked me how I intended to vote on bill X (which I don't remember anyway). I angrily told him never to call again and hung up, and my mom went off on me for a good ten minutes yelling about how political calls are different from telemarketers. Is she, as I think, merely poisoned by society's expectations, or was I in the wrong?

    --
    In SOVIET RUSSIA... erm...NSA AMERICA, the Internet logs onto YOU!
    1. Re:Brainwashed drones or politeness? by Anonymous Coward · · Score: 0

      Your telephone / your rules. If you're capable of getting information about a given issue, and sending your opinions on said issue to your various representatives, then phone polls are of no use to you and you can hang up at will.

  57. My take on this by JZ_Tonka · · Score: 3, Interesting
    My interpretation of (and belief in) Libertarianism stems from the notion that one individual or company's freedom ends where it interferes with the freedom of others.

    I think telemarketing is one such breach of that boundary, as well as any other type of unsolicited communication, including e-mails and snail mail. As miniscule the amount of time it wastes, dealing with these intrusions is an unwanted effort that people shouldn't have to expend for the sake of someone else's need.

  58. Now... by seangw · · Score: 1

    160,001.

  59. I receive almost no unsolicited calls by Anonymous Coward · · Score: 3, Informative

    The trick was very simple. I sent in a post card to the Direct Marketing Association asking to be placed on their do not call list. And then, when people call, I always say to place me on their do not call list. I get less than one live phone call a month. (The thing I get are recorded messages from autodialers. Some God-damned charity thinks I want to reward their harrassment by giving them a car.)

    I have read that over sixty percent of the populations purchases an item at least once a month in response to a telephone call. I know people who make these calls for a living. Certain people appreciate the opportunity to donate to their charity over the telephone, or to make theatre subscriptions. But telemarketers are not interested in wasting their time in calling people who are not going to buy, donate or subscribe.

    Here is a link on the Direct Marketing Association website that explains about how to get off telephone list. I can attest that it has worked for me. And the cost was only for a postcard.

    1. Re:I receive almost no unsolicited calls by Anonymous Coward · · Score: 0

      ...yeah but it still cost *you* a postcard, the price of a stamp, and the effort to mail it.

    2. Re:I receive almost no unsolicited calls by Anonymous Coward · · Score: 0
      (From the linked site)
      Your name remains on file for five years.


      It is only good for five years, at which time you'll start to get calls again and wonder why.

    3. Re:I receive almost no unsolicited calls by Anonymous Coward · · Score: 0

      The trick was very simple. I sent in a post card to the Direct Marketing Association asking to be placed on their do not call list. And then, when people call, I always say to place me on their do not call list. I get less than one live phone call a month. (The thing I get are recorded messages from autodialers. Some God- damned charity thinks I want to reward their harrassment by giving them a car.)

      Yeah, right. You sent your name and phone number to the organization that represents telemarketers and junk mailers. I suppose if NAMBLA (North American Man Boy Love Association) started a do-not-molest list you would send in your child's name and a photo, so they wouldn't molest him.

  60. Hmm by Have+Blue · · Score: 2

    How many of the numbers do you think are actually in Massechusettes?

    1. Re:Hmm by Anonymous Coward · · Score: 0

      The list could be screened for Massachusetts area codes.

  61. Get off the line!! by paiute · · Score: 3, Funny

    All you out of staters /.ers get off the server!! I'm trying to sign up, dammit!!

    --
    If Slashdot were chemistry it would look like this:Cadaverine
  62. Pennsylvania do not call list by Reikk · · Score: 1, Informative

    It wasn't mentioned how to do this in the article. For those who live in Pennsylvania, the website is:

    http://www.nocallsplease.com

  63. Nifty... by raehl · · Score: 2

    When will the script be ported to Perl?

  64. Sometimes, yes... by raehl · · Score: 4, Insightful

    They want to make it harder for people with no money to get (re)elected.

    1. Re:Sometimes, yes... by felicity · · Score: 1

      Remember, this is the same group who fought tooth and nail against the Clean Elections Law (publically funded candidates who meet certain requirements). It passed by a long shot by the voters. A few candidates met all the requirements, but they didn't want to give them money, and they didn't budget any money to give out. After a lot of fighting, courts ruled that the state had to sell a number of assets (vehicles mostly) to fund the candidates. The people already in office have war chests, they don't care about funds -- but hey if they can stop people who may be good candidates but lack funds, well ... why not? Stupid politicians.

    2. Re:Sometimes, yes... by yog · · Score: 2

      Check out this article for an interesting look at the Clean Elections Law in Arizona and what a travesty it turned out to be. Stupid politicians, yes, but a stupid law too.

      --
      it's = "it is"; its = possessive. E.g., it's flapping its wings.
  65. It works in indiana by nurb432 · · Score: 2

    We did this about a year ago here, and its cut down a LOT on the calls.

    A few suits have been filed for violators too.

    They institued both a call in line to sign up and a web page.

    its funded by the companies purchasing the list so they dont violate the law.. a bit shady i think, but something had to be done.

    --
    ---- Booth was a patriot ----
  66. One small step... by CakerX · · Score: 1

    One small step for man, one great leap for mankind

  67. It only applies to explicit *sales* calls. by tdelaney · · Score: 2

    Nearly all of the calls I get (in Australia BTW) are of the form "Would you like to come to our free seminar" or something like that. Mainly real estate or investment groups. All the others tend to be "non-profits" soliciting donations.

    Since they're not trying to complete a sale in the call, they wouldn't be excluded.

    A pretty piss-weak "do not call" list if you ask me. This legislation makes about as much sense as US foreign policy.

  68. I wouldn't sign up by Rai · · Score: 4, Insightful

    I actually enjoy calls from phone spammers for one reason...I cost them money. I never just hang up on them. That's too easy, let's them move on the next person. I stay on the line and talk to them as long as I can. I ask all kind of stupid questions and act interested in whatever crap they're pitching. Of course, I never buy anything. When I run out of questions, I just say "Not interested" and wait for them to start whining. This wastes a lot of their time and of course time is money. If more people did this, there would be no need for a do-not-call list.

    1. Re:I wouldn't sign up by 2MuchC0ffeeMan · · Score: 3, Funny

      i wouldn't do that....

      i often ask if they are on salary on a commission based job...

      if they are commission, i tell them that IF they were salary based i would sit and chat so they would have something to do, but since they are commissioned, they need to get another #$%@#% job.

      and sometimes, i've chatted with people for so long, they get caught by their boss and fake chit chat...

      --
      Runnin' On Empty .... I'm Still Alive
    2. Re:I wouldn't sign up by ratamacue · · Score: 1

      The problem: As soon as you say "OK", or even "what are you trying to sell me", that's an affirmative. This is a signal to the telemarketer that the "customer" (victim) is at least mildly interested, and you can bet this goes into their statistics. What I do is say "hold on a minute, my water's boiling" (or similar) and then just leave them hanging. That's it. The way I see it, if they're going to waste my time, I'm going to waste theirs too. Hopefully they hold for at least 2 minutes before figuring it out. And mind you, this is probably one of the best ways to piss off the telemarketer. Hopefully I've "convinced" a few of them to quit this nonsense and get a respectable job.

  69. Oregon by certsoft · · Score: 1

    I checked into Oregon's do not call list when I first moved here. As I recall, it cost a consumer $6.00 for the first year and $3.00 per year after that. Seems to me that the telemarketers should be the ones paying the costs, not the consumers. Same sort of scam as paying extra for an unlisted number.

  70. Pennsylvania's online sign up website by dogas · · Score: 1

    It was not listed on the-dma.org, but PA has an online site where you can sign up.

    http://www.nocallsplease.com

    --
    'When the going gets weird, the weird turn pro.' -HST
  71. bah by 2MuchC0ffeeMan · · Score: 2

    bah, they did the same thing CT did a long long time ago

    http://www.state.ct.us/dcp/PDF/nocallcp.pdf has a nice little for you could fill out, or call up for, to sign up on the do not call list

    this has been going on for years now.

    --
    Runnin' On Empty .... I'm Still Alive
  72. Violations by brandonsr · · Score: 2, Interesting

    Do any of the people who get these violated calls see any of that 5,500 dollars?

  73. BS. by raehl · · Score: 2

    Banning telemarketing doesn't kill jobs. It makes the company spend their money on DIFFERENT jobs - ones that might, say, improve the product.

    Or just reducing the cost of their product to compete better.

    Either way, more money available for something that doesn't annoy people during dinner.

  74. Think this'll stop them? Nope . . . . by zoombini · · Score: 0, Troll

    I did a bit of telemarketing this summer (mostly calling people on a business's client list, so no death threats, please) and one night we were supposed to call people in Colorado, a state with a list much like this. We were told in the briefing: "It's too much trouble to get the list, so if people say they're on the list, hang up and don't give them your information. An occasional fine is cheaper than getting the list" So i don't think it'll have much effect until a lotta people get both caller id and the will to complain with the information.

    1. Re:Think this'll stop them? Nope . . . . by itsyourunclebill · · Score: 1

      http://www.ago.state.co.us/PRESREL/presrl2002/prsr l114.stm

    2. Re:Think this'll stop them? Nope . . . . by itsyourunclebill · · Score: 1

      OK. So i hit the wrong button!!! Anyway, beg to differ. Researching the Colorado website shows that the state will go after telemarketers with 3 violations and access a $5000 fine. Individuals are entitled to pursue small claims judgements at $500 per incident. The telemarketers have to buy the list, and you can sign up by phone or on line. List is updated quarterly and TMs have 30 days after the list goes out to stop call to numbers on the list. Original legislation left out cell phones but that is being addressed this session. Looks to me like a good model and boy has it been quiet. http://www.ago.state.co.us/PRESREL/presrl2002/prsr l114.stm

  75. Correction by Anonymous Coward · · Score: 0

    BTW, the political spam case against Senator Elizabeth Dole in NC was dismissed without prejudice for lack of evidence. Anyone have more details?

    That was dismissed WITH prejudice, meaning it cannot be refiled. Oops.

  76. You are stupid... by Goonie · · Score: 2
    Well, that's a bit harsh, but I think you may be more cynical about the motives for exempting politicians from this than is actually justified.

    As I understand it, different types of speech are protected to greater or lesser extents by the first amendment. Political speech is the most protected, and the courts are (rightly) loath to allow restrictions on it. Hence, the parts of such a bill that restrict politicians from making unsolicited calls could well, as I understand US law, be found unconstitional.

    Nonprofits are a different matter, of course.

    IANAL. IANA American, either :)

    --

    Any sufficiently advanced technology is indistinguishable from a rigged demo
    --Andy Finkel (J. Klass?)
  77. opt in by Anonymous Coward · · Score: 0

    Dear DMA if there are really so many eagar potential customers out there you should FAVOR a national DNC list!

    Your association could then operate a (dare I say it?!!?) national OPT-IN list where all those customers could register, and even indicate (perhaps even on an ongoing basis)what they are interested in hearing about. Both your hit rate and reputation would likely improve as you began to offer a true SERVICE to both your clients and their customers.

    On the other hand, if there are not somany potential marks out there, perhaps your organization would dry up and blow away...

    In either case EVERYBODY WINS!

    I. M. Notbuyinit

  78. Do not call list... why not a do not hack list? by jrl · · Score: 1

    As a person involved with sales, I value my time. People who do not want to be harrassed should not be called. The only thing it accomplishes is to make them have bad feelings towards your company. That being said, I believe that the industry (telemarketers) should be in favor of these types of lists and make strides to enhance customer loyalty. They should have an industry maintained list, as the penalty for harrassment is loss of sale and bad feelings. A happy customer might tell 2-3 of his closest friends. An upset customer will tell everyone he knows.

    2nd point:
    This is a technology problem, and is best addressed with a technology solution. Making a list of phone numbers not to call seems akin to making a list of IP's not to hack, or email addresses not to spam. Just as I'm sure a hacker would not pay attention to a state run Do Not Hack list, I believe people on the do not call list will continue to get calls, especially considering the massive loopholes in the provision. The only real solution here is to have an enterprising company provide a technology solution (like a firewall and HIDS for your IP at home).

    p.s.
    I would not trust any of the phone companies to do this because they play both sides and pit us against each other.

  79. The DMA has a webform for comments by Phil+Karn · · Score: 4, Informative
    The DMA's website has a webform for commenting on the proposed do-not-call rule. They helpfully pre-fill in an editor window with a suggested letter.

    I cut the suggested text, replaced it with "As a harassed citizen, I strongly support the proposed national do-not-call database. The DMA can go to hell", signed it and submitted it.

    Phil

  80. DMA slugs....... by Stumbles · · Score: 1, Insightful

    there is not a single example, arguement, excuse, etc the DMA could offer that would convince me they should be allowed to call me. Like I am really gona give to a DMA bozo my credit card number, SSN, mortgage rate, or any information on a cold call.

    --
    My karma is not a Chameleon.
  81. What worries me... by shivianzealot · · Score: 1

    ...is just how "non-profit" you have to be in order to avoid fines. There are plenty of phony non-profits with no real motivation outside of acting as a front putting money in a very few people's pockets *coughAmeriDebtcough*; though this is a loophole of sorts which applies to much more than just telephone spamming.

    --

    Bored with karma, be a fan/freak

    1. Re:What worries me... by Spamlent+Green · · Score: 1

      This is a big problem -- they're doing a lot of damage to the reputation of bona-fide non-profits. I love how so many 'non-profits' are very interested in the specific amount of my credit card debt. It's notable that several of these places (lighthouse credit 'foundation') are actually under investigation by a number of states' A.G.s.

      For the record, I don't really think legitimate non-profits should be exempt from these lists either, at least for fundraising. Opinion polling, survey research, and political campaigning fall into a 1st amendment gray area, and can serve useful functions, but if someone's asking for $$, do-not-call means do-not-call.

  82. Related Telemarketing Scam by slagdogg · · Score: 2

    Noticed this while digging around the links. Doubtful that any sensible person would give their SSN over the phone to a stranger ... but people do continue to watch the Anna Nicole Smith show, so who knows?

    http://ftp.fcc.gov/cgb/consumerfacts/telemarketsca m.html

    --
    (Score:-1, Wrong)
  83. Another success by Shamashmuddamiq · · Score: 1
    Indiana has been doing this for several years now. You sign up on the internet, and it works! I haven't received a single telemarketer call since I've been on the list.

    Of course, I still get calls from non-profit orgs asking for money, but it's much less common and it's easier to turn them down.

    --
    ...just my 2 gil.
  84. Indiana! by goodwine · · Score: 2, Funny

    I often question the wisdom of the fact I moved from California to Indiana. For once, though, Indiana is ahead of California (since our list has been available for over a year and California's won't be active until April). Once we got on the "do not call" list, the rude, obnoxious, irritating, annoying and generally stupid telemarketing calls dropped from several pre day to zero.

    We don't need a national policy since most states are smart enough to handle this on their own, but I'm very appreciative of its availability here.

    My favorite trick (now obsolete without any such calls):

    Hello?

    Slight delay while the computer determines which of several dialed calls was answered.

    HI! Can I speak to Bill ******?

    May I ask who is calling?

    This is Martha from CitiBank calling to let him know that he has already been preapproved for $XX Million in overdraft/fraud/collision/xxxx insurance, completely guaranteed by CitiBank!

    Just a moment.

    {
    Put down the phone. Eat/surf/watch TV;

    sleep(two minutes);

    Hi Martha. Sorry for the delay. He'll be right there!;
    } until {beep beep beep beep beep...)

  85. Where's the loss for the marketers? by Taliesan999 · · Score: 1

    I'm still trying to figure out a valid reason for direct marketers to oppose an opt in do not call list.

    Presumably anyone who opts onto the list is highly unlikely to listen to the sales blurb and bite on the deal. Therefore a 160,000 strong opt in list is 160,000 calls they do not have to make and therefore save on.

  86. DNC lists don't always work (in NY at least). by oblom · · Score: 1

    My phone # has been on DNC list for at least a year. Everything was quiet for a while. Last month started receiving calls from Disney cruise. Last week got a call from Earthlink. Both new about DNC lists. Go figure.

  87. Successful elsewhere by CricketGod · · Score: 1

    This has worked well (according to all reports, I'm not living here enough longer to justify it) in Arkansas. Check out official info at www.donotcall.org.

    --
    A closed mouth gathers no foot.
  88. Get READY for POLITICAL *SpaM*! by xintegerx · · Score: 2, Insightful

    Yes.

    Yes, now every local candidate can compete, cheap and easy... using e-mail and phone spam.

    For the cost of just THE LIST:::

    1) Political candidate buys list of 1,000,000 numbers (1M expected by Mass.)

    2) Candidate limits list to his/her county/district/city. (Easy--uses a phone book for area codes and the first three numbers.)

    A candidate for a county of 600,000 people can expect to have 100,000 appropriate phone numbers.

    (The original list represents 1 / 6th of the state's population, so we divide 600K by 6.)

    3) Political candidate emails his MOST DEDICATED 2,000 supporters 50 unique phone numbers each. In the e-mail, he would say

    "If you could call up these 50 people by (three days before election) and tell them to root for me, that would be great. Oh, and this way, each of us will get a call from one of the supporters. Just act sincere and don't divulge that you are taking part! :)

    Oh, and just as a test, if you don't get a call, please let me know! Finally, if you are gonna be out of town, yada, yada, yada, please reply and let me know."

    The trick?

    EITHER WOULD WORK: 1) The candidate would make sure to put just ONE supporter's number into someone else's list. OR 2) If he wasn't too busy, he'd just put his cell phone number on each list.**

    He would probably do both (48 real voters, 1 supporter, and himself, the latter two randomly scattered but near the bottom :) )

    This way, he will know as the deadline approaches, which person has called or not. He will count his many calls he personally got (meaning the number of lists that have gone through, and each list is 48 real people) and know if this is working or not working before the election even starts.

    The dozen people who reply that they can't do the list, the politician will call that person's list personally (which is good, too.)

    But for the people who never call by (three days before election), he will know by never seeing supporter "Bob'" personal phone number on caller ID. The other way is if supporter "SAMMY", who was on Bob's list, reports to the candidate like instructed and says he wasn't called. The candidate would know sammy was on Bob's list.

    The lists that didn't work our or were cancelled early on due to yadayadayada, the politican would call himself (he would still have three days left.)

    -
    Yes I made this all up, but it is so feasible it's not funny. I could make this text look pretty, but that would take even longer than it did to make this.

    1. Re:Get READY for POLITICAL *SpaM*! by Anonymous Coward · · Score: 0

      How about:

      1) Candidate buys list of 1,000,000 people who hate telemarketers.

      2) Candidate's supporters call these 1,000,000 people.

      3) Candidate's opponent gets 1,000,000 more votes.

      Oops.

    2. Re:Get READY for POLITICAL *SpaM*! by Anonym0us+Cow+Herd · · Score: 1

      1. Candidate buys list of 1,000,000 people who hate telemarketers.
      2. Candidate calls 1,000,000 people asking them to vote for opponent.
      3. 1,000,000 people vote for candidate.


      4. ???
      5. Profit !!!

      --
      The price of freedom is eternal litigation.
    3. Re:Get READY for POLITICAL *SpaM*! by tassii · · Score: 1

      They don't even bother to do this. They set up a calling computer that plays a recorded message. No fuss.. no muss. Got one from Clinton last election. Nearly filled up my answering machine.

      --
      "I drank what?" - Socrates
  89. Here's Mine: by Mandi+Walls · · Score: 3, Interesting
    As a harassed citizen, I strongly support the proposed national do-not-call database.

    I simply do not see it as the role of the federal government to encourage the continuance of an industry by ignoring the concerns of the public.

    At a time when the number of older Americans is going to grow tremendously, their protection from scam artists and con men is more important than providing jobs for the semi-literate scum who interrupt their dinners.

    The American economy doesn't need irate consumers. It needs people to stabilize their credit and be responsible with their money. This does not include purchasing magazines, aluminum siding or family portraits from businesses they do not know.

    The DMA's half-hearted attempts to appease the American public with their sorry excuse for a do-not-call list has finally been recognized for what it is - a sham. And the public has finally raised their voice and asked the government to devise a more rigorous scheme to curtail the amount of intrusions we must incur simply by having a telephone number.

    As a consumer, I can only hope that the Federal goverment will continue to persue these avenues and also address the problem of unsolicited email in the future. Until that time, however, I fully expect the DMA to stand up for the thieves and spammers so that I might also increase the size of my penis by three inches while refinancing my mortgage and protecting my Windows computer from viruses. Being that I have neither a penis, a mortgage, or a computer running Windows, I will rejoice when legislation is passed to finally put an end to unsolicited email, as well.

    --mandi

  90. One possible challenge the DMA could mount by release7 · · Score: 3, Interesting

    As a MA resident, I signed up for the DNC list. I noticed that the web site did nothing to verify my identity when I placed myself on the list. How do they know a friend or relative entered my name and address into the database for me. If I represented the DMA on this case, I'd mount a legal challenge by arguing that there is no evidence that the person entering the data is indeed the person he/she claims to be.

    --

    <a href="http://www.joblessjimmy.com">Work is dumb and so is Jobless Jimmy.</a>

    1. Re:One possible challenge the DMA could mount by MacAndrew · · Score: 2

      I'm trying to take the claim seriously -- and yes I know they'll make it.

      In theory the DMA's current telemarketer "preference" scheme requires a little bit of proof, in terms of a mailed-in signature. Their online version costs $5 -- is that for authentication?

      Anyway, I have trouble imaging the DMA's standing to bring the claim of impersontion. No one seriously thinks they represent consumers' interests, do they? At the very least you'd need some wronged consumers to complain. I think a court would chuckle and move on.

      However, the sign-up scheme should provide some sort of safeguard, like a (automated?) call-back to the designated number, or instant caller-ID based verification, or a companion please-call-me list. I know it sounds silly, but caution and symmetry are wise.

    2. Re:One possible challenge the DMA could mount by Fear+the+Clam · · Score: 2

      Obviously my good deed of the day would be to write a script signing up every number in MA.

      (617) 111-0001
      (617) 111-0002
      (617) 111-0003 ...

  91. Nice. by Anonymous Coward · · Score: 0

    Drive all the telemarketing jobs overseas to places like India, where this law does not apply, and at the same time provide them a nice list of _verified_ numbers to work with. Booya!

    1. Re:Nice. by Anonymous Coward · · Score: 0

      If they are still working for companies doing business in the USA, then I imagine that they are still bound by the same law.

  92. My letter to elected officials by valmont · · Score: 3, Informative

    January 7, 2003

    [recipient address was inserted here]

    Dear [recipient name was inserted here],

    I am entirely in favor of a national do-not-call list.

    I find it obnoxiously intrusive to constantly receive solicitation from
    telemarketers in my own home, which too often take too much of the
    precious time i wish to spend with loved ones, while recovering from my
    rigorous working hours.

    Furthermore, while telemarketers are supposed to be trained to respect
    people's right to say "no", it has been my personal experience to find it
    often challenging to exercise that right, faced with somewhat resilient
    telemarketers who just would not take "NO" for an answer.

    Current laws already give me the right to request from the caller that
    they no-longer call me. When getting 3 to 5 different telemarketing calls
    in a same evening, this already represents more time than i am willing to
    spend to protect a peaceful existence.

    The Direct Marketing Association does have an opt-out list. No business is
    *required* to become part of the DMA. While they provide strict rules for
    their members to abide by, enforcing those rules and punishing offenders
    strictly relies on *potential* complaints from residents, which requires a
    significant amount of work from the resident to determine whether or not
    the telemarketer belongs to the DMA, and for the DMA to follow-up on those
    issues. While the system appears to be beneficial on the surface, I truly
    believe it provides no *significant* protection to victims of telemarketer
    calls.

    In my view, it is the Federal Government's responsibility to protect the
    privacy of citizens who make the conscious decision to not ever be
    sollicited by telemarketers while at home. I believe a federally-regulated
    do-not-call list with provisions for strong sanctions against offenders is
    the single, true, effective answer to a problem that has been plaguing our
    society for far too many decades.

    Sincerely,

    [ME. HEH]

    1. Re:My letter to elected officials by FLoWCTRL · · Score: 1

      In my view, it is the Federal Government's responsibility to protect the privacy of citizens who make the conscious decision to not ever be sollicited by telemarketers while at home. I believe a federally - regulated do-not-call list with provisions for strong sanctions against offenders is the single, true, effective answer to a problem that has been plaguing our society for far too many decades.


      This seems backward to me. If a government wanted to protect citizens from getting telemarketting calls, they should have an opt in list. Those who want to be bothered can add themselves to the list, and telemarketters should only be allowed to call those on the list.

  93. 4.2 million homes signed up... by Anonymous Coward · · Score: 0

    in Minnesota and Wisconsin. I guess them fast talking east coast folks like gettin' them phone calls. In the midwest we prefer our privacy. Now go away.

  94. It has passed muster multiple times by DiveX · · Score: 5, Interesting

    Every case challenging the TCPA on constitutional grounds (1st amendment, due process clause, etc) has ultimately held the TCPA's restrictions on faxes and telemarketing calls presents noconstitutional infirmities under First Amendment grounds. The constitution does not give you the right to electronically barge your way (uninvited) into my home, demand the use of my equipment and ink and paper supplies (in terms of junk faxing) to present your message, shifting all your selling costs to me without my permission or request.

    Texas v. ABF, 121 F.Supp. 2d 1085 (W.D. Tex, 2000)(fax calls)

    Destination Ventures Ltd. v. FCC, 46 F.3d 54 (9th Cir.1995) aff'g 844 F.Supp. 632 (D. Or.1994)(fax calls)

    Moser v. FCC, 46 F.3d 970 (9th Cir. 1995) (telemarketing calls) cert. denied, 515 U.S. 1161 (1995)

    Kenro, Inc. v. Fax Daily, Inc., 904 F.Supp. 912 (S.D.Ind.1995) reh'd. 962 F.Supp. 1162 (S.D.Ind. 1997)(fax calls)

    Szefczek v. Hillsborough Beacon, 668 A.2d 1099 (Super. Ct. N.J. 1996) (telemarketing calls).

    Come courts have decided otherwsie; an 8th Circuit District Court (Eastern District of Missouri) judge recently ruled (March 13, 2002) that the TCPA is unconstitutional. The judge was none other than Rush Limbaugh's uncle, Steven Limbaugh, Sr. (not to be confused with Rush's cousin, Steven N. Limbaugh, Jr., who is the chief justice of the Missouri Supreme Court). It has been essentially attacked by every authority since. See Missouri Circuit Court judge correctly rips apart Limbaugh's ruling that the TCPA is unconstitutional. Missouri Circuit Court Judge Patrick Clifford got it right. Opinion dated 5/14/02. Decisions like these renew my faith in our legal system. This decision by the state court was extremely well done and is highly entertaining reading. Also take a look at the US Dept of Justice amicus brief in support of over turning Limbaugh's ruling. In addition, another Missouri decision upholds TCPA constitutionality on Aug 13, 2002 noting that junk faxes are no more protected than graffiti on someone else's property.

    Links:
    http://www.junkfax.org/fax/reference/oth er_cases/o lympic-1a.pdf
    http://www.junkfax.org/fax/referenc e/other_cases/s t-lou-1a-ua.pdf
    http://www.junkfax.org/fax/refere nce/other_cases/D OJAmicusSupportingMissouri.pdf

    --
    Cave, wreck, and deep diver.
    1. Re:It has passed muster multiple times by MacAndrew · · Score: 1

      That's all fine, but this isn't about the TCPA. There is no federal do-not-call list regulation, and the effect of DNC lists on political speech has not been tested.

  95. do not spam by Anonymous Coward · · Score: 0

    What we really need is a "Do not spam" email list. No problems with that, eh?

  96. Wisconsin over a million by ChaosDiscord · · Score: 2

    It appears that last month, with more than a month to go before the law took effect, more than one million Wisconsinites joined the No Call List. For a state with an adult population in the area of four million, that's pretty impressive. Apparently a great deal of the state hates the calls as much as I do. If you're in Wisconsin, join the crowd and get on the No Call List, it's the cool thing to do!

  97. Re:(Another) American Revolution by Anonymous Coward · · Score: 0

    Telemarketing does not help the economy. The only telemarketing calls I've gotten are along these lines:

    1. Want new aluminum house siding? No thanks.
    2. Thinking of selling your home? No.
    3. Make lots of money at home stuffing envelopes. Hell no.
    4. You've been authorized to receive a new spankin' credit card. Remember, its okay to have more than one! Fuck no!

    You see, I can't see how any of these telemarketing calls helps the economy at all, unless the economy runs on compulsive spenders and shady snake oil deals. Both of which undermine a healthy economy that should be guided by informed consumers. If the invisible hand is guided by morons, then we're all screwed.

  98. Here's an auto-generated letter to a congressman by Anonymous Coward · · Score: 0

    This is what will be automatically sent to a congressman:

    I am opposed to the creation of a national do-not-call list as proposed by the Federal Trade Commission.

    I simply do not see it as the role of the federal government to encourage the destruction of a $700 billion sector of our economy by putting its immense power behind creating, promoting and expanding a national do-not-call list. This list is certain to contain millions of people who might otherwise have become (or already are) satisfied consumers of teleservices products and services, and who we need to survive and grow.

    At a time when we are experiencing budget deficits and struggling to emerge from recession, can we afford to risk losing the billions in tax revenues this industry generates, not to mention the millions of jobs it provides?

    Professional telemarketers are trained to respect people?s right to say "no," hang up, or be permanently taken off of a calling list. In addition, The Direct Marketing Association already has a national do-not--call list and requires all of its members to screen these names from their lists or suffer penalties, including possible expulsion from The DMA.

    In my view, the Federal government should not be in the business of destroying this productive, economically vital form of sales communication. It is my sincere hope that the FTC reconsiders this anti-business, anti-competitive, job-killing proposal.
    ==========
    So, the argument is pretty much as you say: lots of people do it; I don't want to spend money to stop it.

  99. So now all these companies have to do is... by Anonymous Coward · · Score: 0

    ...create non-profit organizations that "call people about products on behalf of private companies... for free."

  100. Don't answer the phone by mgkimsal2 · · Score: 0, Flamebait

    Yes, they have a right to say things, but they don't have a right to force me to hear them.

    Don't answer the phone then - it's a bloody phone call, not anything 'forced'.

  101. They're forcing you? by BurntHombre · · Score: 2

    Hang up the phone.
    Throw away the flyers.
    Ignore them on the street corner.
    Don't go to the polls.

    1. Re:They're forcing you? by Anonymous Coward · · Score: 0

      Yeah, that's easy for you to say until you get bombarded with shit and end up spending half of your time dealing with it. I would say it is stealing my time, and I would say it is significant.

    2. Re:They're forcing you? by catman · · Score: 1

      Don't go to the polls.
      ... and as voters are staying away in droves,
      watch your democracy dissolve and drain away...

  102. legal to answer telemarketing calls this way? by hhknighter · · Score: 2

    when I get telemarketing calls, I sometimes answer:

    "hmm, he got kicked out of school"
    "You didn't know? He was in a coma"
    "He was hit by a car two weeks ago"
    "Are you calling for his funeral time?"
    "He was arrested for credit card fraud" (if a credit card telemarking call)
    "He is at his illiteracy class" (if a magazine telemarketing call)
    "He is at his telemarketing internship, let me have your number so he will call you back"
    "He is at his bankruptcy hearing, who's this?"
    etc, etc...

    it got annoying after receiving almost one call per hour, with the occasional "hello? hello? HELLO?" on my answering machine. I was told my college is on one of those lists, and we went through several phone system changes. But we managed to get more everytime.

    now I wonder if it's legal to answer phone calls that way?

    1. Re:legal to answer telemarketing calls this way? by Zigg · · Score: 2

      "He was arrested for credit card fraud" (if a credit card telemarking call)

      If I were a spiteful telemarketer (and why wouldn't I be, if my job involved annoying people all day long), wouldn't I, perhaps, make sure this little tidbit of info made it to the credit agency?

  103. Sign up everyone! by Anonymous Coward · · Score: 0

    Say, what would happen if someone wrote a short script to bruteforce all phone numbers in Mass^H^H^H^HTAXachusetts and submit them to the website?

    Could you put a whole state on a do-not-call list?

  104. UPDATED:My letter to elected officials by valmont · · Score: 2
    i submitted the below letter to my state's officials using the DMA site's template.

    Be sure to use your own zip code in the above url, so your letter gets sent to the appropriate recipients.

    Instead of using the text that comes up by default, i took time to write the above. A good chunk of my letter offers counterpoints to DMA's arguments.

    -------

    January 7, 2003

    [recipient address was inserted here]

    Dear [recipient name was inserted here],

    I am entirely in favor of a national do-not-call list.

    I find it obnoxiously intrusive to constantly receive solicitation from telemarketers in my own home, which too often take too much of the precious time i wish to spend with loved ones, while recovering from my rigorous working hours.

    Furthermore, while telemarketers are supposed to be trained to respect people's right to say "no", it has been my personal experience to find it often challenging to exercise that right, faced with somewhat resilient telemarketers who just would not take "NO" for an answer.

    Current laws already give me the right to request from the caller that they no-longer call me. When getting 3 to 5 different telemarketing calls in a same evening, this already represents more time than i am willing to spend to protect a peaceful existence.

    The Direct Marketing Association does have an opt-out list. No business is *required* to become part of the DMA. While they provide strict rules for their members to abide by, enforcing those rules and punishing offenders strictly relies on *potential* complaints from residents, which requires a significant amount of work from the resident to determine whether or not the telemarketer belongs to the DMA, and for the DMA to follow-up on those issues. While the system appears to be beneficial on the surface, I truly believe it provides no *significant* protection to victims of telemarketer calls.

    While i understand the DMA's concerns that an opt-out list would significantly reduce the number of potential residents telemarketing businesses may call, thereby potentially reducing the telemarketing work force, I would like to point out such list should dramatically increase the quality of the telemarketing business by reducing frustration among the telemarketing staff and the prospective customers, leading to more productive and successful business transactions. The multi-billion-dollar figures touted in parallel to purportedly dramatic potential losses by the DMA, should, in my opinion, be mitigated by the many beneficial aspects of a national "do-not-call" list.

    In my view, it is the Federal Government's responsibility to protect the privacy of citizens who make the conscious decision to not ever be sollicited by telemarketers while at home. I believe a federally-regulated do-not-call list with provisions for strong sanctions against offenders is the single, true, effective answer to a problem that has been plaguing our society for far too many decades.

    Sincerely,

    [MUH LAME ASS] ---------

  105. What we say and what we do: Re:DMA's Side.. by SpikeSpiff · · Score: 2, Insightful
    wouldn't most people with jobs that involve calling people prefer to only call people who don't hate getting called?

    It turns out we don't want to get called, but we still buy.

    We hate TV ads, and think we go to the bathroom, but ads still affect our behavior, enough that Regis can be paid $20MM a year.

    And most of us are posting using MS software. Admit it.

    It's all about what we say and what we actually do.

    --
    "All that is required for evil to triumph is for good men to do nothing." - Edmund Burke
  106. Translations for the unwashed masses by Anonymous Coward · · Score: 0

    (courtesy of google. My german isn't that good)

    Strike off you shit God [Lästerung]!

    or

    give me placentas or give me death!

  107. Yeah, who needs to think? by sparkz · · Score: 3, Insightful

    Just switch off that brain - not like it was given to you for a reason, or anything...

    --
    Author, Shell Scripting : Expert Re
    1. Re:Yeah, who needs to think? by NDPTAL85 · · Score: 2

      If you think that extremists are the only ones who think, then it is YOU who has switched off his brain.

      --
      Mac OS X and Windows XP working side by side to fight back the night.
  108. one more thing by valmont · · Score: 2

    you're welcome to re-use elements of my letter but do try and come up with your arguments and counterpoints. One thing that comes to mind right now is that someone might want to put a stronger emphasis on the intrusive nature of telemarketing, as it requires you to drop whatever you may be doing at the time, potentially build up expectations as to who may be calling you, someone you may be expecting a call from, an important call, while occupying the lines and potentially preventing another important phone call from coming in (not everybody uses call waiting, though i do heh).

    Contrast that with other forms of sollicitation such as snail mail and email (spam) which, while still intrusive, enable you to easily prioritize when you will be looking at mail, what you will be looking at, what you will dismiss, where a prospective customer makes the conscious decision to set some time aside to "check the mail" before moving-on to more pleasant things in our free time.

    blech.

  109. Cell Phones? by El · · Score: 2

    Aren't cell phones automatically not suposed to be called ('cause it costs me airtime minutes). Why not just use a cell phone as your only voice line (telemarketers can call my computer all day... it ain't gonna answer!)

    --

    "Freedom means freedom for everybody" -- Dick Cheney

    1. Re:Cell Phones? by Anonymous Coward · · Score: 0

      There is no law against calling cell phones, however, telemarketers realize that their success rate will be very low if they call people on their cells, so they don't call cell phone prefixes.

      BUT...

      Sometime next year, due to a new piece of legislation, you'll be able to keep your home phone # if you give it up for a cell phone, effectively destroying the concept of cell phone only prefixes. Which means telemarketers will soon have no way to distinguish cell phone #s from landline #s, which means you should get telemarketing calls on your cell phone sometime in the next couple years.

  110. Missouri's list is great! by theroterts · · Score: 1

    I haven't had a call in a long time! I'd sign up for the NO SPAM list even faster!

    --
    ?SYNTAX ERROR IN SIG

    READY.
  111. police stae by Anonymous Coward · · Score: 1, Interesting

    Having lived in Mass, the scariest phone calls are not from telemarketers but from the many "benevolent" police associations thats ask for donations. It always feels like a call from the godfather himself.

    They are exempt from this legislation, and they already had my name and there is nothing I can do that can keep them from calling...

  112. Missouri's had this for a while now. It's awesome! by Mustang+Matt · · Score: 2

    Missouri No call list

    It's been nearly 100% effective!

    --
    The man who trades freedom for security does not deserve nor will he ever receive either. - Benjamin Franklin
  113. exploit? by binarybum · · Score: 1

    I've been trying to get myself on this list using the online sign-up, but it keeps having technical difficulties. I hope that the loopholes are tight enough for this to be relatively effective, but I'm very skeptical. What I really want to know is how the website works b/c it seems like I can type anyone's phone# in and have them entered on the list. Seems that a good samartin could whip up a bit of code that would transfer switchboard's MA listings into the govconnect input field.

    --
    ôó
  114. THIS WORKS by jridley · · Score: 2

    I started meticulously asking to be put on the do not call list, and more importantly, as mentioned in the junkbusters info, ask for the telemarketing company to add me to the DNC list for all companies that they represent.

    It only took about 2 months of doing that, and hardly any calls. Now after 2 years of that, it's been months since I've gotten a call.

  115. Fun With Telemarketers Part 7: by Jace+of+Fuse! · · Score: 2

    Just today I was called by a home security marketer and asked if I was interested in a home security system. I replied...

    "Loo' mutha fudda... I ain't harly done paid fo' da' box I in, sos I ain't 'bout to pay fo no insurance. 'sides, I doan thank no'un is gonna try un take muh box. Nigga', how'd you ged muh cell phone numba ineways?" ...CLICK...

    --

    "Everything you know is wrong. (And stupid.)"

    Moderation Totals: Wrong=2, Stupid=3, Total=5.
  116. Just curious by GungaDan · · Score: 1

    What exactly do they teach in the "illiteracy class?"

    --
    Eloi are stupid, throw morlocks at them!
    1. Re:Just curious by hhknighter · · Score: 1

      not sure. Probably the equivilant of RIAA PR degree?

  117. Personal account from a telemarketer. by Anonymous Coward · · Score: 0

    Legislation like this has been needed for awhile. I personally worked as a telemarketer this summer for a telemarketing company, Civic Development Group. I alone could easily make 100 calls per hour. At even a 10% sale to answered-call ratio, this amounts to an ungodly profits for the company.

    As if that weren't enough, however, the company made its sales by selling on "behalf" of charitable institutions such as the Fireman's and Fire Marshall's association, Fraternal Order of Police, and so on. When asked how much actually went to the charity, by law we were required to tell them that what it actually was--usually in the ballpark of 15 percent. I'd say out of thousands of calls, I had only four or five people ask.

    The real kicker, however, was the deception of the callers. Though they were careful to never come outright and say it, it was implied that callers act like they were directly affiliated with the charity on whose "behalf" they were calling; firemen, policemen--whatever made the sale.

    I, needless to say, quit the job after a month because of the unethical (and harassing) practices of the company. In light of this, however, I believe that not only should we be considering providing Do Not Call lists, but we should also consider passing laws like those that exist in Maryland (I think that was the state) which requires the caller to state both the percentage being sent to the charity and clear indication (rather than the current implicit--"we/our/us"--laws) that the caller is NOT affiliated with the group.

  118. More calls, less telemarketers by Y-Crate · · Score: 4, Interesting

    I was added to the do-not-call list in Tennessee. When it took effect the calls stopped for quite a while.

    Then, they began again.

    However, now instead of a telemarketer on the other end when I pick up the phone, all I get is a "click" and I am disconnected.

    The automated calling systems still call me - more than ever it seems (a DOZEN calls a day is a bit much, dontchathink?) - but now they do not transfer me to a telemarketer, but simply disconnect me.

    Their numbers are completely blocked and I cannot find out who they are, but I'm sure even if I did, they would claim they are not actually violating the rules, as they are not talking to me.

    1. Re:More calls, less telemarketers by mesocyclone · · Score: 2

      That's not the automated calling systems calling.

      Thats the Homeland Security department checking to see if you are still there! So of course the numbers are blocked!

      You did get rid of the Anthrax and VX, didn't you?

      --

      The only good weather is bad weather.

  119. THIS ISN'T NEWS, Indiana has had this for a year by cooley · · Score: 1

    Once again, the state of Indiana is a full year ahead of the rest of the country.

    http://www.in.gov/attorneygeneral/

    Works great for us. Best of luck to you late adopters out there.

    --
    Just then the floating disembodied head of Colonel Sanders started yelling Everything You Know Is Wrong!-Weird Al
  120. DMA's own do not call list is a JOKE! by l8apex · · Score: 2, Interesting

    DMA provides their own "do not call list" for consumers. Only telemarketers that are members of the DMA and elect to honor the list will actually use the list and not call you. So review their instructions for yourself on how to place yourself on their list:

    DMA remove from telemarketing list information

    What a scam! they CHARGE $5.00 to accept online submissions, but mail-in requests are free! Now, what acutally costs them more?!?

    They actually try to scare you into using the online form by warning that registering by mail takes longer. This convinces me that they not very interested in representing consumer interests.

    Bring on the nation-wide do-not-call list!

    1. Re:DMA's own do not call list is a JOKE! by MCZapf · · Score: 1
      Notice that you have to submit a form (via http) to generate the webpage that you print and send by mail. Notice also that each form generated has a "unique tracking number." I'll bet we can all figure out what's going on here.

      The DMA collects all your information when you submit the webform. Then, if you bother to send in the printout by mail, someone enters in the unique number and adds you to the do-not-call list. This makes for minimal extra processing for the mail-ins. The $5 online processing fee is obviously just to discourage too many people from signing up.

      I just printed out the free form. Now I need to get a stamp...

  121. Why do they need my name?! by mi · · Score: 1

    The name and the address are required fields, for some reason. Fortunately the don't (and can not) do any verification, so my number is now registered and "Doofus Anonymous" lives at 0 Privacy Drive in Newton, MA...

    --
    In Soviet Washington the swamp drains you.
  122. Business Relationship Exemption Mostly Irrelevant by EvlG · · Score: 2

    A couple people have noted the exemption made for calls to individuals whom the company represented by the telermarketer has an existing or prior buisness relationship with. These people make this loophole out to be a huge problem or glaring flaw with the legislation.

    However, I contend that the loophole is really relatively minor. Think about it like this. An individual signs up for the DNC list. In doing this, he has sent a clear message that he does not want calls. Furthermore, this message is backed by a set of punitive damages for violations of his intention, as outlined by the law. Now, a company with a prior business relationship is technically exempted by the law, and is allowed to call the individual. However, it does not make sense for this company to call this individual for a number of reasons:

    1) He will likely consider this call annoying, even if it is legal. Remember, the individual took the time to exempt himself from calls he considers annoying. An annoyed potential customer is unlikely to make a purchase.

    2) Even if the call is legal, some percentage of these individuals will not fully understand the law, and waste the telemarketer's time trying to explain that the call is illegal. The telemarketer would then have to explain that the call is in fact legal due to the business relationship. However, at this point the sale is clearly lost.

    3) As others have noted, these laws may serve to increase yield of the telemarketers by creating a statutory filtering system. In effect, the govenment is doing a great deal of filtering for the telemarketers. Now, if a company with an established business relationship still calls without respect to the list, they are practically guaranteed to lower their yield (for the reasons stated above).

    Thus, I believe that there will not be rampant calls made under this category, because it just doesn't make economic sense to for the telemarketer.

    Rather, this exemption exists for the protection of more legitimate calls to the customer directly related to a business relationship which the customer would most likely find agreeable otherwise . That is, even if the DNC list did not exist, the average customer would not object to these calls. Therefore, the creators of the legislation were careful to protect this.

    (Note that I do NOT believe this reasoning applies to charities or other non-profits; I believe people are willing to 'cut some slack' for the charities, and put up with the calls to help our their fellow man.)

  123. No SPAM list is right here.... by Pranjal · · Score: 1

    ...Now, if anyone can tell me where to sign up for the NO SPAM list, I'll be even happier.

    Sure just send a blank email to iwantnomorespam@Alan-Ralsky.com

  124. sign me up! by twitter · · Score: 2
    If I represented the DMA on this case, I'd mount a legal challenge by arguing that there is no evidence that the person entering the data is indeed the person he/she claims to be.

    Wow! Imagine the outrage from all those people who sit through dinner every night without another valuable oportunity to buy something they are not interested in. This could be a very popular lawsuit indeed. It's a travesty, I tell you. Someone must have made a robot to call in all those numbers, it can't be that people don't really want to get carpet cleaning, siding, credit card and bankrupcy solicitations, can it?

    --

    Friends don't help friends install M$ junk.

  125. why not ask for something useful? by twitter · · Score: 2

    how about a non-transferable, time limited opt-in list that must be maintained by each and every company that would call you?

    --

    Friends don't help friends install M$ junk.

  126. I use a TeleZapper by mesocyclone · · Score: 2

    I agree with those who want to put controls on telemarketing.

    Until then, I use a TeleZapper (disclaimer - I have no monetary interest in this thing. I vaguely remember buying it a Radio Shack). It puts out a beep tone that sounds like a FAX answering.

    At first there were a lot of hangups, as the computer dialers give up(and most telemarketers use computer dialers, even if the pitch is given by a human).

    Over time, the number of calls has dropped significantly.

    Unfortunately, it also blocks the computer calls from the public library which used to tell me when requested books had arrive. So its like Spam - any measure you take to deal with the a$$holes has side effects..

    --

    The only good weather is bad weather.

  127. Oh great by Anonymous Coward · · Score: 0

    Since MA enact that law, I bet call operator is going to move to India or some other country to bypass that law.

    1. Re:Oh great by schatten · · Score: 1

      of course! everyone is outsourcing outside the country these days! its cheaper, less efficient and well.. the only way the corporate execs can hold their stock up in the short run!

  128. Annoyances by CaptainZapp · · Score: 2, Insightful
    Do you have a right not to be annoyed? I don't think so.

    I agree, I don't have a right not to be annyed, but...

    I firmly believe to have a right not to be annoyed by scum abusing my property (time / equipment / resources) in order to annoy me.

    --
    ich bin der musikant

    mit taschenrechner in der hand

    kraftwerk

  129. Fight back by Synocco · · Score: 1

    When telemarketers call, just hit them back with this!

  130. This kind of regulation tramples liberty by volkris · · Score: 1

    The government has no right to tell telemarketers that they can't use their phones as they wish. By my subscription to the phone service I open myself up to all of the negative effects that service might have on my life. I accept that I'm going to interact with that system. Furthermore, the telemarketers pay for their subscriptions to the phone services so what right does the government have to interfere with their use of what they legitimately paid for?

    The answer to preventing telemarketers from calling needs to give power to the end users, not to the government/legal system. Look at all of the methods we're developing to counter spam. Many of them can also be applied to the phone system with a little creative engineering. Heck, the effort to prevent "abuse" by telemarketers might have lead to much more inteligent phones had the legal road not been tried. The technological answers would probably actually end up working better, too.

    Governmental regulation has its place. It can be used to demand that all people making phone calls either be honest about their identity or not provide one, allowing the technological solution to work more effectively. But the place is certainly not telling people what they can do with their own purchases.

    1. Re:This kind of regulation tramples liberty by Emperor+Shaddam+IV · · Score: 1

      Furthermore, the telemarketers pay for their subscriptions to the phone services so what right does the government have to interfere with their use of what they legitimately paid for? So I can just call you in the middle of the night, 20 times a night and harass you and you won't be bothered? Even if I block my caller ID? But the place is certainly not telling people what they can do with their own purchases. So, I can just drive my car over you and anyone else, because the government has no right to tell me what I do with my own purchases? :) I think there are more important issues to liberty, like how much money the government takes from our paychecks forcefully through withholding...

    2. Re:This kind of regulation tramples liberty by Steve+B · · Score: 4, Interesting
      The government has no right to tell telemarketers that they can't use their phones as they wish.

      [DAFFY DUCK] Aha -- PRONOUN TROUBLE! [/DAFFY DUCK]

      Certainly, the telemarketers have the right to use their phones as they wish. This right guarantees that they may call one another to their heart's content. However, they do not have the right to appropriate the use of my phone line.

      --
      /. If the government wants us to respect the law, it should set a better example.
    3. Re:This kind of regulation tramples liberty by volkris · · Score: 1

      Yes, yes you can.
      By subscribing to phone service I agree to be called. That's the system all phone service subscribers are signing up for.

      You should be able to drive your car however you want, as long as you don't screw with me or my property. That is an entirely different topic.

    4. Re:This kind of regulation tramples liberty by volkris · · Score: 1

      You are a customer of the phone services, just like the telemarketers. You could BE a telemarketer at any moment, after all. At any point you can decide to pick up the phone and call another person looking for money or whatever.

    5. Re:This kind of regulation tramples liberty by Steve+B · · Score: 2
      You could BE a telemarketer at any moment, after all.

      Nope; my parents raised me to have some manners.

      --
      /. If the government wants us to respect the law, it should set a better example.
    6. Re:This kind of regulation tramples liberty by volkris · · Score: 1

      They've also raised you with a need for food :)

  131. Uh-huh. by CdotZinger · · Score: 2


    Where there is a state-defined "political" which is the only brand of legally free speech, "tyranny" cannot be "risked," because it already exists. Hence the lack of a set of "political"/"commercial"/other distinctions in the 1st Amendment. Jefferson & Co. knew what they were doing, and it has no correspondence with what you're saying.

    --
    Your mouth is like Columbus Day.
  132. Why is this good? DNC list == opt-out by TeeWee · · Score: 2

    I'm just wondering, we're always saying that all forms of opt-out are inherently bad in the case of spamming. Why is this any different for phone-spammers?

    Getting listed on a DNC list is obviously an opt-out scheme. I can't help wondering what makes this such a good thing and DM people advocating a national/worldwide opt-out list evil at the same time.

  133. Why a list after all? by anshil · · Score: 2

    i mean in europe this is dealt far more easily with. It's just illegal to call anybody first hand to sell him something (wihtout having business with him). It does not matter if he is on a list or not. In germany/austria this law is called "unlauterer wettbewerb", the only smaller problem is that it takes a competitor of the caller to sue a violator, you personally can't, as only the competitor takes economical damadge if someone sells it's product in such illegal way.

    --

    --
    Karma 50, and all I got was this lousy T-Shirt.
    1. Re:Why a list after all? by Emperor+Shaddam+IV · · Score: 1

      I that why everything is more expensive in Europe???

      Before you get mad - Just kidding

    2. Re:Why a list after all? by anshil · · Score: 1

      No it is because we're not that only country in that does alone does not join the global reunion in reducing carbon dioxid emissions, and thus fucks all our children future by destroying earth environment for the sake to get everything more cheaper just for us.

      Or the only country that violates world wide peace agreement by developing new kinds of nuclear weapons, we're not that country that kills dozends of wales by it's military super sonic monitoring of the oceans. We did not get our land by mass killing almost all the native inhabitants of the country that lived there before we came. We did not own our wealth by enslaving native africans and bring them into our country letting them work for no money. We're not that country that still is babaric as it kills it's own people! (death penality)

      --

      --
      Karma 50, and all I got was this lousy T-Shirt.
    3. Re:Why a list after all? by Emperor+Shaddam+IV · · Score: 1

      Norway is in Europe. They still kill whales.

      Polution controls standards are less on Europian cars, besides, I thought only 2 Europian countries ratified the Kyoto treaty.

      Europian ships bought the slaves to the Americas.

      British submarines have sonar too.

      Hmmm, the Romans, who are Europians killed a lot of Germanic tribes to conquer most of Europe.

      The British and the French killed each other in several wars.

      Wasn't there this thing called "The Crusades"?

      What about the inquisition?

      Last time I checked, both France and Britain have Nukes too.

      Europe (Germany) "invented" chemical weapons in World War I.

      Hmmm, and the last 2 world wars were started in Europe.

      If it wasn't for the evil US, I bet everyone would be speaking German right now.

      No one is innocent my friend. Besides, most of use in the US came from Europe... ( not for much longer ).

      Besides, the US makes all the cool video games and movies.

      We are all bad. Every nation in the world has some blood on their hands.

      That doesn't explain why things are cheaper. Do I hear Taxes???

    4. Re:Why a list after all? by anshil · · Score: 1

      Well everthing that happened before the colonoziation of america where the not yet americans living in europe ;o)

      Kyoto on later stage only the US did refuse. However I thing they are considering a change. Maybe future of planet is a bit worth after all (especially for the netherlands that are the first to drink. but then manhatten is next ;o)

      "If it wasn't for the evil US, I bet everyone would be speaking German right now."

      Well we're all now have to speak english, what does tell us that? ;o)

      Well I'm not talking about a normal sonar, it was a an experiment super power soner to scan _all_ of the atlantic.

      Not normal nukes, everybody has them, it was the development of this earth-screw-nukes to destroy bunkers, it blantly violated the global peace treacement of not developing new kinds of nuclear weapons, and makes use of them more easy as they do not harm environment directly. Result we are closer to a nuclear war then before. Bravo.

      The benefit of the USA is that it was colonozied nearly instantly, and it has a huge aera of homogen cultural style that helped building up. Look europe in total is nearly same size. But we have far more cultural diversity, it is better and worser the same time. We speak more than a dozend languages, had different currencies just before a short time, etc. with the EU things will change better as the comercial areas will unite. Things are mostly on first sight more expensive since we we have different state structure. Look in example when an european is sick and needs medical treatment we don't have to pay for this (well most parts we don't have to pay) (well most parts for convential medicine we don't have to pay) (well ... ) ;o) or unemployment, etc. We can go to the university with paying far for that. (currently here it are 500 $ for 5 months). Well I love the new euro-dollar exchange rate, I don't have to calculate a lot ;o)

      --

      --
      Karma 50, and all I got was this lousy T-Shirt.
  134. Leaving the Phone Off the Hook. by Anonymous Coward · · Score: 0

    Due to excessive telemarketing phone calls, one solution is to leave the phone off the hook. This can lead to disasterous consequences when loved ones, business associates or the authorities have an emergency call to place to you.

  135. Big Deal - Had this in Georgia for years by Emperor+Shaddam+IV · · Score: 1

    Big deal. Mass is behind the times. We have had a no-call list in Georgia for several years now. Where was Slashdot when that happened??

  136. We've had this in CT for about two years now by Mean_Nishka · · Score: 1

    In Connecticut I signed up for this list right when I moved into my new place last year. To date I have received not one telemarketing call. I was impressed, however, in how a nonprofit group I contributed to at my old address was able to track me down relatively quickly :). They still called but that was the only unsolicitated call I received. It's nice not to have the phone ring at night.. At my old place I was hounded constantly..

  137. Another /. submisson I can't visit by redtail1 · · Score: 1
    Score one for the telemarketers. Massachusetts' Do Not Call List has been slashdotted:

    Do Not Call Program
    Error Encountered
    Technical Difficulties

    We are experiencing technical difficulties at this time and are unable to process your request. Please try later.
  138. Signup Broken by WPIDalamar · · Score: 2


    The signup is broken... looks like this is the culprit:

    The site www.madonotcall.govconnect.com is running Microsoft-IIS/5.0 on Windows 2000.
    (From netcraft)

  139. I got one of these pseudo-political calls by EnlightenmentFan · · Score: 2
    Right after the November election, somebody called doing a "poll" about how I voted and what I thought about Bush, etc. The operator was very smooth, went through a whole lot of questions about the economy, terrorism, etc.

    Then, smooth as silk, he continued, "Now, let's talk about some of your financial options in today's market."

    I realized he had just scammed me out of about 5 minutes of my time, trying to set up a friendly relationship, so he could sell me investment advice. Grrrr!

    "This conversation just ended," I said, and slammed the phone down. The next "pollster" who call will get that response at the beginning of the conversation.

    --
    Making trouble today for a better tomorrow...
    1. Re:I got one of these pseudo-political calls by Anonymous Coward · · Score: 0

      Wow, Congratulations for being able to assert yourself! We're all impressed... :-|

      You should have then wasted HIS time by acting interested, but with a lot of questions.

      Slamming the phone and yelling at them doesn't hurt them, but if everybody wasted thier time like I do, it's would REALLY eat into thier pockets.

      If he was doing anything illegal, you should have definitely stayed on the phone so you could get as much information as possible to report them.

    2. Re:I got one of these pseudo-political calls by EnlightenmentFan · · Score: 2
      Wow, Congratulations for being able to assert yourself! We're all impressed... :-|

      Sorry, I wasn't trying to impress you--just re-visiting the only part of that stupid interaction that gave me some tiny satisfaction.

      You should have then wasted HIS time by acting interested, but with a lot of questions...you should have definitely stayed on the phone so you could get as much information as possible to report them.

      Yes but--your suggestions involve wasting more of my time. My preferred methods are 1) hang up when the long pause after my "hello" suggests it's an autodial machine, and 2) respond to greetings of "How are you today?" with "Please put me on your don't call list," then hang up.

      --
      Making trouble today for a better tomorrow...
    3. Re:I got one of these pseudo-political calls by cqnn · · Score: 2



      It is possible that the actions of that caller
      could be considered a criminal offense in some
      jurisdictions.

      Falsely representing as a pollster would constitute fraud, and be severly frowned upon
      for causing precisely the reaction you had;
      which could be considered a chilling effect on
      the effectiveness of actual poll calls.

      Yes, it would have been a waste of more of your
      time, but at least you have alerted others to
      be on the lookout for this kind of caller.

  140. here's how florida profits by Anonymous Coward · · Score: 0

    Looks like Florida wants to charge it's residents $10 for the initial sign up to the DNC list and then $5 every year after that. So now I have to *pay* every year to make sure nobody calls me (provided the company actually decides to use the provided DNC information). What a crock.

  141. Not exactly news by T.E.D. · · Score: 2

    ...except for people in Mass. I believe more people than that signed up in the first month for Oklahoma's do-not-call list, and Oklahoma only has a population of about 3.5 million.

    Supposedly a bit more than half the states, representing over %75 of the US population, now have do-not-call lists.

  142. Their side? by sootman · · Score: 2

    Click here for the DMA's side of the story.

    Click here for my side of the story: I DON'T WANT TO FUCKING HEAR FROM YOU!!! Fucking goddamn marketing assholes, let me live in peace in my own house!!! (No sense mentioning I've been getting telemarketing calls at work *and* on my cell phone, pigfucking Florida Vacations assholes.)

    --
    Dear Slashdot: next time you want to mess with the site, add a rich-text editor for comments.
  143. Ah, but it's not gambling down here by bobKali · · Score: 1

    In Louisiana gambling was (and still is) explicitly prohibited by our constitution. So we don't have any gambling down here - the lottery, the casinos, the horse tracks, etc... are all defined as gaming instead....

    I plan to file complaints on calls from politicians and non-profits also - even if they're exempt from the fines. And if enough people do this then maybe our politicians will see that there is desire to be free of political/charitible phone-spam and they'll either include it (not likely) or refrain from pissing the public off with their calls (not likely either - but hey, I can dream can't I?)

  144. Bienvenidos Al Mexico! by Rocko+Bonaparte · · Score: 1

    These DNC lists only work within limited jurisdictions. You'd think the national list would be the end-all solution, but you forget the laws mean nothing outside the US border.

    I know some folks on the New York DNC list, and they are getting calls from Canada. The fines can't stick on the Canadians, and they don't care about the DNC lists. Solicators have two choices when the national DNC list takes foot:

    1. Move to Canada
    2. Move to Mexico

    --
    No I'm not trolling.
  145. Re:A letter to send your representatives... by Anonymous Coward · · Score: 0

    Just replace the text of their letter with the below and let the DMA send your message to Congress... ;-P


    I am in favor of the creation of a national do-not-call list as proposed by the Federal Trade Commission.

    I simply see it as the role of the federal government to encourage the destruction of this vile sector of our economy by putting its immense power behind creating, promoting and expanding a national do-not-call list. This list is certain to contain millions of people who might otherwise have been unnecessarily harassed by telemarketers. Telemarketers need these numbers to survive and grow. In a perfect world, this will lead to the abandonment of this invasive and disgusting form of marketing.

    Professional telemarketers are supposedly trained to respect people's right to say "no," hang up, or be permanently taken off of a calling list. However, in practice this is very rarely the case. In addition, The Direct Marketing Association already has a national do-not--call list and requires all of its members to screen these names from their lists or suffer penalties, including possible expulsion from The DMA. This existing list, however, charges people to put their names on it and, as it is run by telemarketers, is simply not trustworthy.

    In my view, the Federal government should be in the business of destroying this invasive, harassing, and duplicitous form of sales communication. It is my sincere hope that the FTC continues with this anti-telemarketing proposal.

  146. Do-Not-Email List by Viking+Coder · · Score: 2

    So, where's the Do-Not-Email List?

    --
    Education is the silver bullet.
  147. Autodialers, autosolicitors by phorm · · Score: 1

    Hopefully this works nicely for those incredibly annoying autodialers as well, since it would be hard to "ask" them who they work for if it's not obvious. For those who've been lucky enough not to experience them, there are systems out which will call you and ask for either voice or keypad input - all the annoyance of getting a business's computerized phone system without even having to make a call.

    I'm still wondering what constitutes "allowing" somebody to have my number. The local Blockbuster video store takes phone #'s as an identifier, as does the local mechanic/hardware store.
    I don't mind when Blockbuster reminds me I've got an overdue tape, but the mechanic actually had a machine that calls you 1-2 weeks after you've had car service done and asks you to push buttons to indicate your satisfaction. Talk about annoying!

  148. Exactly, Keep em on and chat it up... by DoseKapital · · Score: 1

    I'm always a little peaved when I hear people trying to show off thier slick lines they use on telemarketers, just before hanging up.

    Telemarketers aren't stupid...

    One of my more effective methods is simply acting like someone who can't assert themselves and are somewhat susceptible to thier sales pitches.

    What really makes it work is projecting a very convincing helpless frustration. The more you can keep a telemarketer on the phone while making them feel bad about what they're doing, the better.

    It's not as fun as acting retarded, or telling the newspaper lady you can't read (I had one lady who had a counter-reason for buying the paper, for every crazy reason for not buying the paper). She obviously knew I was joking, but she was really good.

    Sometimes I've found them receptive, and I've had at length conversations about where they live, what they've done in the past, politics, etc.

    Yet other times, I would tell them to hold, put the phone down for 5 minutes so I could watch TV. When I picked it up, they would still be on the phone. I put one person on hold 3 times (same call) before they hung up...

    The point: Keep them on and demoralize them, or talk about personal issues and get them in trouble.

    Save the slick lines and dumb jokes for pranks.

  149. I got fed up with telemarketers so I bough a by Anonymous Coward · · Score: 0

    I purchased a device called a Screen Machine.

    It plugs into your phone line and then you can plug in your phone or answering machine into it.

    It is better than the telezapper. It plays the same tones as the telezzaper but what is even better is that it plays a recorded message (you can record your own if you wish). The message states that this number does not accept telemarketing calls and to take the name and phone number and put them on their do not call list. It invites all other users to press 5.

    What's so great about the product is that in order to get though the person on the other end has to press '5' on their phone. This helps stop those annoying companies who think you want to hear their commercials left on your answering machine.

    The phone doesn't ring unless someone presses '5'.

    A little light goes on when someone is calling you but the phone stays silent. One day I receive 6 calls in the evening and none of them rang through.

    No more telemarketers for me.

  150. Sue in small claims court (was: Re:cell phone?) by Anonymous Coward · · Score: 0

    The cell phone company should be able to give you the calling number.

    Also, I believe that on my bill, every single call is recorded.

    Anyway, once you have the number, you should be able to find out who owns it and sue them. I recommend suing them in small claims court in your locality.

    Just present your evidence that the call took place and was originated by the defendant.

    The defendant will probably not show up, in which case the judge will certainly find against him/her/them and you'll get your 500 bucks. Throw in a little extra for missed work and research and so on.

    Be sure you can produce the statute violated.

    Note, I am not a lawyer and this is not legal advice. Just an idea.

    AC
    --

  151. What's an accurate return address? by dfries · · Score: 1

    What's an accurate return address and who decides? To me if it is a company with an @aol.com, @yahoo.com or other free service, it isn't an accurate return address, because I can't find out anything about the actual company that sent the e-mail. I have heard of company's actually using those sites for their real e-mail, so if you call them accurate does that mean you have to opt out of mail@company.com, then company@aol.com, company@hotmail.com, company@yahoo.com? Better than 1234@nosite.com though.

  152. Its a load of bunk... by tassii · · Score: 1
    I'm on a do-not-call list in New York. Do you know what the exceptions are???
    • Political Calls
    • Non-profits
    • Anyone giving something away (like a sweepstakes)
    • Anyone wanting to make an appointment (to sell you something.)
    Which basically means just about anyone. Even those that would have been covered by this can get around it by offering something free. I got a Telezapper instead.. works like a charm. Best $40 I ever spent.
    --
    "I drank what?" - Socrates
  153. footnote by MacAndrew · · Score: 1
    I forgot that Central Hudson may not even be relevant to a political speech case, as it concern "mere" commercial speech which had no protection whatsoever until relatively recently. One would probably go directly to "strict scrutiny," which few laws survive.

    A reference (see n.99) with a funny anecdote, making the same point. The article looks interesting, and discusses the next frontier, spam. Note this passage, which appears to confirm my gut instinct (rare but nice):
    However, when the government attempts to protect individual privacy by preventing an entire category of unsolicited commercial solicitations from being sent through the mail on the ground that the solicitation is offensive, the government violates the First Amendment.[49] The First Amendment does not permit the government to prohibit speech as intrusive unless the "captive" audience cannot avoid objectionable speech.[50] Recipients of junk mail can avoid offensive speech because the "`short, though regular, journey from mail box to trash can . . . is an acceptable burden . . . so far as the Constitution is concerned.'"[51] Moreover, there may be some willing junk mail recipients whose interests in communication also would be frustrated by a government ban on certain classes of junk mail.

    The opt-in DNC is different, but is it enough of a distinction? I don't think so, I believe the citizens must say "no" themselves; but we'll see eventually -- possibly first with political spam.
  154. 22:58:46 by Anonymous Coward · · Score: 0

    Get back there, cows!

  155. The calls will never stop by Anonymous Coward · · Score: 0

    I work in the telemarketing business. And I think there are some important things to remember here.

    -Survey calls will not be stopped by this registry. Surveys aren't defined as telemarketing, since they aren't commercial calls.

    -Recording a disconnected tone on your answering machine, or paying $50 for a TeleZapper that plays that plays the disconnected tone for you, will not work. Predictive dialers, the systems that send calls to the telemarketers, can easily be set to send disconnected tones through as well.

    -Telemarketers calling from other countries don't need to follow the law. What's to stop telemarketing companies from moving operations outside the US? It's been done in practically every other business sector.

    -And lest we forget, Big Business, which holds the government in its icey grip, makes extensive use of telemarketing. I have a feeling that the current law is as far as things will go.

    *AmoHongos*