Telemarketers Sue to Block Do-Not-Call List

chumpieboy writes "A story on Yahoo tells about about the DMA's attempts to stop a national DoNotCall list, essentially claiming that Opt Out is not a viable model for telemarketers. Yet they claim that Opt Out is a viable model for email marketing?"

Comments

Well, which is it?

[stevel]

Interesting. Just the other day I read a newspaper story about DNC lists saying that the DMA liked them because they wouldn't waste their time calling people who didn't want their calls...

Re:Well, which is it?

[aborchers]

The fact that DMA charges a $5 to register on-line, where the removal process can be trivially automated, and will remove me for free if I send their form by mail, where a human being has to collect and open the mail, do data entry, etc. demonstrates their contempt for consumers. They go out of their way to ensure that it is difficult to avoid being annoyed by them, while maintaining a claim that they offer us the option. This is exactly why they need to be regulated.

BTW, great username. Brings back memories of thumping the plate glass windows at my local music store with subsonic blasts from the mm rig in the back.

Re:Well, which is it?

[MCZapf]

Yes, they are trying to discourage you from register from their do-not-call list. But, take a close look at the snail mail removal process. They've cleverly arranged it to be significantly more complicated for you, yet trivial for them. The only data entry a human at the DMA has to do is to enter a tracking number.

Observe that to generate the form they want you to send by snail mail, you submit all of your personal data to their webserver, which returns to you a page for you to print and mail to them. Since you are sending the data to their webserver they are almost definitely collecting it, even though they won't act on it unless you mail it in.

Not convinced? Then take a look at the page the webserver sends back to you. Along with your name, address, etc. there is a unique tracking number. Not only that, but the same tracking number is included in the address they ask you to mail the form to. I'll bet the DMA doesn't even open the envolopes sent to them. Someone just enters in the tracking number from the address and POOF, the data they collected earlier is used to add you to the do-not-call list.

What's my point? I guess it's that these guys aren't idiots. I trust them to actually put my name on this list with little chance for error, seeing as how easy they've made it for themselves.

How the list will be abused:

[doublem]

I don't see the point of the DNC list.

Here's what will happen:

List will be made available

Telemarketers will get hold of list.

SOME US based telemarketers will do what they're supposed to and leave the people on the list alone.

Others (I know one personally) will laugh and hand the list over to their call center as a list of verified numbers. If someone goes after them, they will weasel out of the lawsuit via claims of clerical errors. (Got him off the junk fax rap they faced in '97. This is a very sick SOB who honestly believes people WANT to receive SPAM)

finally, there will be a group that takes the list to another country and sets up a call center there.

Sure, you won't get as many calls from US telemarketers, but you'll get a boatload from Indian Telemarketers who laugh at phrase "Put me on your do not call list" reply.

Re:How the list will be abused:

[Daniel Dvorkin]

I kind of doubt it. Colorado is one of the states that has a state DNC list (which applies to out-of-state callers as well) and I haven't seen any sign of abuse -- just a (wonderful) reduction in the number of junk calls I get. In fact, I think I've only had one telemarketer call me since my number went on the list, and when I said, "This number is on the state do-not-call list, and it is illegal for you to call me," he apologized and hung up quickly. The only real hole I see in the system is the exemption for charities and political groups -- guys, if I want to donate to your organization to save the homeless veteran baby seal politicians, I'll seek you out on my own, don't call me at dinner, thanks.

There are some big differences between telemarketing and spam that make abuse less likely:

1) "Verified" phone numbers can usually be found simply by opening up the phone book. People don't drop phone numbers nearly as often as they drop e-mail addresses. So the whole concept of verifying numbers isn't likely to be all that important to telemarketers.

2) It costs money to call from other countries. Obviously there are deals by which big companies can make it cost not-that-much; otherwise IBM wouldn't be setting up call centers in India. But I suspect the resources for that kind of thing are a little beyond the fly-by-night organizations that set up spam centers.

3) You can make life a lot harder for telemarketers than you can for people on the other end of spam. Scream at them, blow a whistle into the phone, press and hold buttons ... Even back when I was getting telemarketing calls, I didn't do these things, because I know most telemarketers themselves (as opposed to their bosses) are just normal people trying to make a living. But if I didn't have any other resources to get them off my ass, I'd probably start doing that. I know people who have done that sort of thing regularly and said they got a dramatic reduction in the number of calls -- apparently, somehow, word gets around.

Re:fantasy system:

[BigT]

This is why do-not-call lists could actually be good for telemarketers. Of those 400 people, most would probably sign up for the do-not-call list. Let's say 300 of them. That leaves 100 people being rude, and 100 willing to listen for every 200 calls. If you expand that out to the 500 calls you made a day, then you have 250 people willing to listen and 7-8 sales per day vs. 3.
The people (like myself) who are going to sign up for the list will never buy anything from a telemarketer, so if we cut down on the number of calls that they make that are guaranteed to be unproductive, it's actually better for them.

Re:fantasy system:

[The_K4]

My experience with the state do-not call list was pretty poor. SO i just switched my "listed" nuber to my cell phone. It's the only number I give out to ANYONE that I don't know. Now if i get a telemarketer call it's on my cell. I politly inform them that this is a cell phone, and as such illegal for them to call. I ask them for their address, and the id number of this call that I may send them a bill for the charges to my cell phone for this call, which they are now legaly liable for. I get supprisingly few calls now. :)