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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."
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.
Why the HELL are nonprofits and politicians, of all things, exempt?
...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 mean
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
Limekiller
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.
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.
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
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.
paintball
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.
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.
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.
h er_cases/o lympic-1a.pdfc e/other_cases/s t-lou-1a-ua.pdfe nce/other_cases/D OJAmicusSupportingMissouri.pdf
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/ot
http://www.junkfax.org/fax/referen
http://www.junkfax.org/fax/refer
Cave, wreck, and deep diver.
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.
[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.