U.S. National Do-Not-Call Registry On the Way?
WinkyN writes "Yay! The U.S. House of Representatives overwhelmingly passed a measure that creates a national "do not call" list for telemarketers. Telemarketers are required to check the list every three months and can be fined up to $11,000 each time they violate the law. Now I won't have to ignore my telephone when it rings since more than 50 percent of my calls are from telemarketers." Congress is just getting around to passing a budget bill to run the government for fiscal year 2003 (started last October), and we're now in the time period when everything and the kitchen sink gets thrown into it just before it passes. Good to know that there's at least one useful piece of legislation.
I knew I shouldn't have spent $40 buying that damn Telezapper
"Now I won't have to ignore my telephone when it rings since more than 50 percent of my calls are from telemarketers."
I've been in the practice of avoiding my telephone regardless of the caller.
"I only speak the truth"
Karma: null(Mostly affected by an unassigned variable)
Yea, Now all they need to do is get around to a do not e-mail list, and fixing the patent office, and maybe even get their lips off of Mickey's ass, and allow copyrights to expire.
I signed up for the NY State "Do Not Call" registry, and it has been a success. I rarely receive telemarketing calls and when I do I love saying something like...
"Excuse me, I am on the Do Not Call list and if you continue calling this number, I will be forced to contact the proper authorities who will prosecute your company to the fullest extent of the law".
Might not make a whole lot of sense, but its fun to hear the scared telemarketers apologize and hang up.
100% Insightful
Now I won't have to ignore my telephone when it rings since more than 50 percent of my calls are from telemarketers.
WEEKLY RAW DATA:
2 CALLS- Telemarketers
1 CALL- His Mom
1 CALL- Wrong Number
I heard a conflicting report on the radio today about this (surprising!) They said this would be paid for by the telemarketers themselves, then said it would take $16 million to operate in the first year and no additional money was added to the budget for it. So either it's an "unfunded madate" for the FTC, or they intend to collect money from the telemarketing community very quickly.
Here in Indiana, the Do Not Call List has been a major success. I'm tempted to say it's the single most effective piece of legislation I've seen come along in quite a while. The problem with this being done at the federal level is the amount of lobbying that will take place for special exemptions (political campaigns, charities, etc.). Hopefully these will be kept to an absolute minimum, but in Washington, I wouldn't count on it!
Stop by my site where I write about ERP systems & more
Of course, since telemarketers are a tool of Satan, they instantly hang up.
A. Rightmann
I signed up in Pennsylvania on the first day it was available last August. In PA, they sell the list of blocked numbers to telemarketers on a quarterly basis. I was told that I would see a dramatic drop in telmarketing calls After Novermber 1, 2002. This is in fact what happened. It's been nearly 4 months, and I haven't received a single telemarketing call.
How are you going to keep them down on the farm once they've seen Karl Hungus?
and can be fined up to $11,000 each time they violate the law.
now, this law would be really impressive if we, the 'victims', get a cut of that 11 grand...
xao
xao
http://TheHillforum.hopto.org
My telephone line went dead about 6 months, but my DSL still works. After a few days of peace and quiet I decided I had no reason to call BellSouth to get it fixed.
I'm on the state list in NY. So are my parents. We both get a new kind of call. A lovely British-accented woman's voice, or jerky man's voice computer message is left, daily. "This is NOT a sales call. We have an urget matter to speak to you about..." blah blah, "Please call us at 1-800-...." 'SO THAT WE CAN MAKE A FREAKING SALES PITCH' is the part they don't add.
A federal level law has not even been passed yet and already the tele-crapers have a way around it. This method was started, I believe, by collection agencies but has been picked up by the marketeers. (I am yelling at one of them as I type this!)
"Thanks, but if you'll check your records, I already HAVE your long distance. (click)"
"Nigeria, you say? Let me get my checkbook."
"Sorry, but I'm illiterate and proud of it, so I won't be needing magazines."
"No, but would you like to buy my 1992 Chevy Cavalier? Low, low miles!"
And, my favorite. . .
"Sorry, we don't have a phone. (click)"
You are not the customer.
for a week to get money for rent one month. I may have stayed longer had I thought it in anyway ethical. The first thing you have to be aware is the close, they use information they know to be accurate, such as "To get you started, I just need to confirm your current address is " and if when you say that it is your current address, you're agreeing to the sale, now, they can't sign you up off of this, they have to record the offer, and you accepting it, but it's just a step to "confuse" the customer as they were telling me. Furthermore, they have to close the phone call by giving you a toll-free number, or possibly an email address or URL at which customer service can be reached. If they don't, all you have to do is call FCC and tell them the name of the company they were calling on behalf of, they'll do the rest and you'll get $500 of the fine (this is how I paid the rent the month after I quit) Another thing you can do is request their do-not-call policy, it's a document dictating all of their policies, it's just to irritate them. Just incase any of you were curious, I worked at Access Direct, in Ames, Iowa, and we were calling nationally on behalf of DirecTV.
--fetch daddy's blue fright wig, i must be handsome when i release my rage
For those who want to read the full text of the bill, it's H.R. 395. You can go to the Library of Congress's Thomas website to look it up but I've also pasted a copy here.
And for those who don't understand how laws work in the US, this just means that now it gets to go over to the Senate, who then may or may not approve it, who can then approve it with amendments, send it back to the House for further approval in a committee or two, and eventually send it off to the President to sign into law.
And this has little to do with H.J.Res. 2 which is the Omnibus Appropriations Bill that is currently in committee. Well, other than dealing with money.
AN ACT
To authorize the Federal Trade Commission to collect fees for the implementation and enforcement of a `do-not-call' registry, and for other purposes.
Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the `Do-Not-Call Implementation Act'.
SEC. 2. TELEMARKETING SALES RULE; DO-NOT-CALL REGISTRY FEES.
The Federal Trade Commission may promulgate regulations establishing fees sufficient to implement and enforce the provisions relating to the `do-not-call' registry of the Telemarketing Sales Rule (16 CFR 310.4(b)(1)(iii)), promulgated under the Telemarketing and Consumer Fraud and Abuse Prevention Act (15 U.S.C. 6101 et seq.). Such regulations shall be promulgated in accordance with section 553 of title 5, United States Code. Fees may be collected pursuant to this section for fiscal years 2003 through 2007, and shall be deposited and credited as offsetting collections to the account, Federal Trade Commission--Salaries and Expenses, and shall remain available until expended. No amounts shall be collected as fees pursuant to this section for such fiscal years except to the extent provided in advance in appropriations Acts. Such amounts shall be available for expenditure only to offset the costs of activities and services related to the implementation and enforcement of the Telemarketing Sales Rule, and other activities resulting from such implementation and enforcement.
SEC. 3. FEDERAL COMMUNICATIONS COMMISSION DO-NOT-CALL REGULATIONS.
Not later than 180 days after the date of enactment of this Act, the Federal Communications Commission shall issue a final rule pursuant to the rulemaking proceeding that it began on September 18, 2002, under the Telephone Consumer Protection Act (47 U.S.C. 227 et seq.). In issuing such rule, the Federal Communications Commission shall consult and coordinate with the Federal Trade Commission to maximize consistency with the rule promulgated by the Federal Trade Commission (16 CFR 310.4(b)).
SEC. 4. REPORTING REQUIREMENTS.
(a) REPORT ON REGULATORY COORDINATION- Within 45 days after the promulgation of a final rule by the Federal Communications Commission as required by section 3, the Federal Trade Commission and the Federal Communications Commission shall each transmit to the Committee on Energy and Commerce of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate a report which shall include--
(1) an analysis of the telemarketing rules promulgated by both the Federal Trade Commission and the Federal Communications Commission;
(2) any inconsistencies between the rules promulgated by each such Commission and the effect of any such inconsistencies on consumers, and persons paying for access to the registry; and
(3) proposals to remedy any such inconsistencies.
(b) ANNUAL REPORT- For each of fiscal years 2003 through 2007, the Federal Trade Commission and the Federal Communications Commission shall each transmit an annual report to the Committee on Energy and Commerce of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate a report which shall include--
(1) an analysis of the effectiveness of the `do-not-call' registry as a national registry;
(2) the number of consumers who have placed their telephone numbers on the registry;
(3) the number of persons paying fees for access to the registry and the amount of such fees;
(4) an analysis of the progress of coordinating the operation and enforcement of the `do-not-call' registry with similar registries established and maintained by the various States;
(5) an analysis of the progress of coordinating the operation and enforcement of the `do-not-call' registry with the enforcement activities of the Federal Communications Commission pursuant to the Telephone Consumer Protection Act (47 U.S.C. 227 et seq.); and
(6) a review of the enforcement proceedings under the Telemarketing Sales Rule (16 CFR 310), in the case of the Federal Trade Commission, and under the Telephone Consumer Protection Act (47 U.S.C. 227 et seq.), in the case of the Federal Communications Commission.
Passed the House of Representatives February 12, 2003.
Attest:
Clerk.
I've responded to EVERY telemarketer for the past 2 years with "add me to your do not call list". I've added myself to the MN statewide do not call list. I STILL get 4-5 telemarketing calls a week. They've just changed their tactics a bit to get through the loopholes in the MN law. Now, if they don't actually intend to complete the sale on the phone, they can get away with it. So, instead of being asked to sign up with a mortgage or buy siding on the phone, they just want me to set up an appointment with a friendly sales representative to discuss the matter in person.
The Glass is Too Big: My Take on Things
I once heard this guy on Howard Stern who recorded his sessions with telemarketers and he'd jerk them around.
One was a call from a carpet cleaning telemarketer. He told them that he had a _lot_ of blood all over the carpet, and the he wanted to know if they could come over in an hour... or sooner.
Howard said that it was a CD on sale.
i swear, i googled for it. Can't find it.
guns kill people like spoons make Rosie O'Donnell fat.
http://www.transunion.com/content/page.jsp?id=/pe
Here are instructions on how to stop credit card applications.
Opt-Out Contact Information
TransUnion wants to help companies give American consumers the choices they want. This choice includes the right to say, "No, thank you" to their offers.
If you want your name and address removed from mailing lists obtained from the main consumer credit reporting agencies -- TransUnion, Experian, Equifax, and Innovis -- call 888-5OPTOUT (888-567-8688), or write to the following address:
TransUnion LLC's Name Removal Option
P.O. Box 97328
Jackson, MS 39288-7328
Include the following information with your request:
* First, middle, and last names (including Jr., Sr., III)
* Current address
* Previous address (if you've moved in the last six months)
* Social Security number
* Date of birth
* Signature
So, what's the U.S. Government going to do when all your telemarketing calls start coming in from China?
You know, like all the spam.
668: Neighbour of the Beast
No, but it is the responsibility of the government to keep unwanted people from invading your home, be they robbers, kidnappers or telemarketers.
You may be thinking of Jim Florentine who has appeared frequently on Stern's show. The name of the series is "Terrorizing Telemarketers" and there are 3 CDs out now. For more info:
http://www.jimflorentine.com/home.html
He also plays the "Special Ed" character on Crank Yankers.
Count yourself lucky. Fact is, I never used to get them either.
If, however, you make a decent salary, open a new credit card account or two, buy and/or refinance your home, and cycle 10-30% in bohemian bourgeoisie charges (computers, vacations, fancy espresso machines) through your cards annually, you'd soon discover that you're considered ripe fruit.
You'll get 10 calls a day, profiled according to when you're most likely to pick up the phone (i.e. home from work, reading your kids a story, or otherwise enjoying peace and quiet). Of course I can use the exercise but running through the house to check the caller ID isn't quite what I had in mind.
While I generally don't need mommy and daddy government to tuck me in bed at night, the fact is, under the current system, there is no theoretical limit to the number of calls I could get. That is, I tell one company not to call me, but there could be 300 more out there buying or otherwise scavenging my number. A national DNC list establishes a single choke point, something that your suggestion does not.
And before anyone starts in on me, I have followed advice from junkbusters and written 20+ letters to everyone from my bank to the credit agencies to the credit card companies instructing them not to share my address or phone number, and I still get 15 calls per week. Even my 2-year-old got junk mail from Disney and MSN (thanks to the bastards at zoobooks selling her name and address).
Obviously the industry is incapable of regulating itself.
Uhm, this wont be abused! How about this example: I buy something from Hotmail, thus prior business is established. Suddenly, NBC, Comcast, and every other little thing MS has itself dug into starts calling me. Ick ick ick.. I don't like it.
Or is their a check in place to stop this from happening?
Can all fish swim?
You know nothing of what it violates.
Amendment I
Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the government for a redress of grievances.
The Supreme Court as LONG held that commercial speech is NOT free speech. Your right to advertise does not supersede my right to be left alone and not be bothered by such advertisements.
Amendment IX
The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people.
Your right of free speech stops at my mailbox. 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 to present your message, shifting all your selling costs to me without my permission or request. The Telephone Consumer Protection Act of 1991 (a bill by Hollings as well) has been enforced for over a decade. It has long held that junk faxes and prerecorded calls, among other practices are illegal. Every SINGLE case concerning the first amendments have been upheld by the federal courts. You are completely ignoring the fact that political, religious, and other such speech are exempted. As a result, you may fax anyone your ideas on political change or confirmation of christ and not run afoul of the law as long as there is no commercial purpose (you aren't selling Jesus dolls)Are you going to suggest that there is such a gross amount of negligence that all these federal judges in multiple federal districts are getting it wrong? Destination Ventures, Ltd. v. FCC, 46 F.3d 54, (9th Cir. 1995), and Moser v. FCC, 46 F.3d 970 (9th Cir. 1995), cert. denied, 515 U.S. 1161. See also Kenro, Inc. v. Fax Daily, Inc., 962 F. Supp. 1162 (S.D. Indiana 1997).
Amendment X
The powers not delegated to the United States by the Constitution, nor prohibited by it to the states, are reserved to the states respectively, or to the people.
Powers are still retained by the states. In fact some states have more strict laws. The TCPA was enabled to protect the consumer since states cannot easily do something that occurs outside it borders. Spam and telemarketing calls are going off shore, however the reason the TCPA and this bill still have teeth is that you can go after those on whose behalf the call is made. so unless the call and merchandise/serivce are BOTH offshore, you have a way to collect damages.
Cave, wreck, and deep diver.
It was just cold-calling, for the new guys like me. The subscription cost was $390 a year, and it was just like the Auto Trader you see at the Stop-n-Robs these days.
The sad thing was that they got their lists from DMV of people or organizations who had a semi or trailer combo registered. So, this got me into lots of screaming tirades from "customers" who were people like the church with the old broken down church bus in back that hadn't run in years or Goodwill, for crying out loud, because of their trailers. On my first day, though, I got 17 subscriptions filled. My boss was FLOORED. A good day was like...2 subscriptions. You got a $50 bonus for every subscription. So, when I handed her all the subscription cards, she flipped, and demanded to know why I was lying and forging subscription slips.
Oh, dear. So, I get escorted from the room with security while she calls each and every one of my "subscribers" to very rudely verify ("Do you realize HOW MUCH THIS WILL COST YOU every year??!" to the customers) each of them. Turns out that when she called them, they were each pissed about getting two calls in one day from someone they didn't want to talk to in the first place, and they all cancelled except two of them. Then, they played back the recordings of some of my conversations and discovered that I used the word "renew" with each of the customers, which, apparently we weren't EVER supposed to do... I was fired for "not being copmpletely honest". So, there is some honesty amongst telemarketers, and I got screwed out of any commission - even the ones who really did want the subscription, which is totally understandable. I screwed the pooch a bit on that one, but I found the language that made people buy, and used it.
The only fun thing I did in my work day was when I realized that I was calling an area in Washington State in which I had an uncle I hadn't talked to in awhile. He was a cabinet maker, and I had worked for him for a few months in the summers, so I knew his shop and his machinery, well. I called and his wife (the nicest lady you'd ever meet) answered. I gave her my usual droning speech from my card, and she politely refused, but thanked me. Then she hung up. I called back, and, determined to have some fun, started pointing out that we had his records and knew what machinery he had (started listing them for her) and that several were in need of updating (which they were) and wouldn't this be "lovely" gift for her husband. She again refused and hung up.
I gave it about 30 seconds, and called back. She was starting to get steamed when I started talking about how they could extend the shop past that apple tree in the back and put in some newer compressors and that we had that 36" sander he'd been looking for in our magazine. She started getting nervous, and didn't even reply when she slammed the phone down.
On the FOURTH call, she REALLY showed her true colors. She cussed like a sailor, threatened to call the cops, threatened my life, called me all sorts of names, and screamed like a banshee until I said, "Hey, Aunt Patty. It's me!" She choked her fury down enough to call me a couple of choice names and then hung up on me.
Hey, I was 18. We all laugh about it, now...
Any sufficiently well-organized Government is indistinguishable from bullshit.
I used to hate getting telemarketing calls. I bought a house recently so I got tons and tons of them.
t -to-annoy-people-all-day slob started her script. I was in a weird mood so instead of hanging up I decided to try and sell her a Chinchilla fur coat. Of course I don't HAVE any Chinchilla fur coats, but I still had a load of fun describing how you raise Chinchillas and make coats from their fur. I went on and on about how nice the telemarketer would look in one of my Chinchilla furs, and would she like to purchase one or at least receive my special promotional offers?
Just recently however, I picked up the phone, heard the tell-tale delay before the poor-underpaid-hates-her-job-but-has-no-choice-bu
At first of course she knew/thought I was kidding. But I kept it up and wouldn't let her get a word in edgewise. I kept her on for 5 minutes before she gave up and thanked me and said goodbye.
Since then this has been my S.O.P.
I've made telemarkets angry, made then laugh out loud, confused some, but always had a good time instead of getting angry myself.
I've attempted to sell Chinchilla furs, luxury coffins, you name it.
One telemarketer had the wrong name so I got into a lengthy discussion about whether or not Jose is pronounced "Jo-Say" or "Josie" and stubbornly denied that "Ho-Say" is possible.
Try it!
Next on my hit list:
Every email spam is eventually tied to a real company selling a real product. I may not be able to automatically filter them all, but I sure can leave my autodialer hitting their 800 number all day while I am out!
Ooops!
- For the complete works of Shakespeare: cat
What is going to happen:
Telemarketer: Good evening sir, would you care to take a quick survey? (no pause for answer) How many times are you asking yourself, "Why do I pay so much for long distance?"? (no pause for answer) Have you ever considered switching your long distance provider to Megacorp? Did you know that Megacorp offers the lowest rates possible? Did you know that I could sign you up after we complete this survey? Well sir, thank you for taking this survey. Is there anything else I can help you with?
This may already be posted above, but since I don't have time to read through I'll go ahead and post it anyhow:
I've heard for some time while they've been drumming up support for this bill that there's one big downside to it. As the article says, the bill permits non-profit calls, but what it doesn't say is that this bill will preempt any state laws that are more restrictive. So, for example, people in Indiana (which already has a very good do-not-call-list law) will get MORE calls under this bill since there is a wader range of calls permitted even when you are on the list.