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U.S. National Do-Not-Call Registry is Law

extra88 writes "Bush has signed the Do-Not-Call Registry into law. The registry will be run by the FTC and funded by fees collected from telemarketers. Telemarketers can be fined up to $11K for calling someone on the list. Politicians, surveys (loophole?) and charities are exempt from using the list. The FCC oversees certain industries (airlines, banks and phone companies) and will have to "buy in" to the registry for it to affect those industries. Slashdot covered this story when the bill went through House of Representatives."

30 of 525 comments (clear)

  1. sign up by clones · · Score: 3, Interesting

    Where do I sign up?

    1. Re:sign up by rworne · · Score: 4, Interesting

      Cool, and do-no-call activists can write up a nifty perl script that will register every number from 000-000-0000 to 999-999-9999.

      Yes, I know that the above can be pared down considerably by removing invalid area codes and prefixes.

      We could set this up as a distributed effort, with each ./ member taking a few hundred thousand numbers.

      --
      I tried every decent and legal way I could think of to resolve the issue w/the business before I rented the chicken suit
    2. Re:sign up by nathanh · · Score: 2, Interesting
      Cool, and do-no-call activists can write up a nifty perl script that will register every number from 000-000-0000 to 999-999-9999.

      That sounds like a one-liner competition! I submit:

      perl -wle '/(.{3})(.{3})(.{4})/ && print "$1-$2-$3" for (0 x10..9x10)'

      Giggle.

  2. Surveys... by TopShelf · · Score: 4, Interesting

    Surveys are indeed a loophole here. Since Indiana's do-not-call list went into effect (which is a MAJOR success), I have gotten some thinly veiled "research survey" calls, which offer a free sample of a product as the compensation for participating. They're pretty few and far between, though.

    I still can't believe that a legislature actually passed a reasonably effective and useful law, despite the opposition of lobbying groups!

    --
    Stop by my site where I write about ERP systems & more
    1. Re:Surveys... by cacav · · Score: 5, Interesting

      I'm more concerned with the charity loophole. The group "Lighthouse Credit Foundation" was busted by NY last year for calling people with automated messages (I average 3 calls a month from them myself) and no way to get off their lists. They claim they're exempt because they're a so-called charity offering debt relief.

      I'm worried more companies will find a way to try and look like a charitable organization. Or worse yet, pay a charity to do their solicitations for them as a middle-man.

    2. Re:Surveys... by schwanerhill · · Score: 3, Interesting
      Ignoring the partisan flaimbait (although I do not, in general, consider partisan a dirty word)...

      House Roll Call Vote on HR 395: 418 Yea, 7 Nay (5 Republican, 2 Democrat), 9 Not Voting

  3. Thank goodness.. by SirFozzie · · Score: 5, Interesting

    Now if We can just get a "Do Not Spam" List to go with the "Do Not Call" list.

    First Post?

    --
    People Talking in Movie shows.. people smoking in bed.. people voting republican.. GIVE THEM A BOOT TO THE HEAD!
  4. in all seriousness by EEgopher · · Score: 1, Interesting

    I read the article . . . how do I sign up? ("Available this summer" means what exactly???)

    --
    hi, I like pancakes -.-- -.-- --..
  5. Do-Not-Email Next? by ackthpt · · Score: 5, Interesting
    All good, for now, but how long before this is extended to a national Do-Not-Email list? Assuming this passes the Supremes, regarding the 'first amendment - free speech' test, it seems only logical.

    I would personally like such a thing considering my volume of spam, but aside from anyone who lives by spamming, does anyone find issues with the extended concept?

    --

    A feeling of having made the same mistake before: Deja Foobar
  6. The UK has one too by Macka · · Score: 4, Interesting

    I just signed up to the UK version, www.tpsonline.org.uk. It takes a month to work its way into the system, then I'm promised a big reduction in unsolicited phone calls, currently running at around 2-3 a day. As I have to work from home some weeks, so this will be a great relief. I'm glad you guys have it too.

    Macka

  7. Re:Hello Mr Jones by Computer! · · Score: 2, Interesting

    I have actually received a telemarketing call that went much like this. Not bragging, just reminding everyone that many sales calls may be worded as surveys in the future.

    --
    If you fall off a building, go real limp, because maybe you'll look like a dummy and people will be like hey, free dummy
  8. What about autodialers? by YetAnotherName · · Score: 4, Interesting
    Recently, telemarketing calls I've been getting go like this:
    Hello, this is [different voice] BARBARA [/different voice], and I'd like to talk to you about the exciting benefits of something-or-other. Press ONE if you'd like more details.
    Now, I'm already on the state's do-not-call list, but how do I tell these people they've broken the law? If I press ONE, I'm saying I want more details. If I do nothing, their machine hangs up.

    My current solution is to use an auto-attendant wherein a caller needs to press my extension number to ring me. Now, their machine talks to my machine, and I never even hear a phone ring.

    But I'd still like to cause them some pain.
    1. Re:What about autodialers? by Sabalon · · Score: 2, Interesting

      Same here...and I thought the current federal code about telemarketters made using a recorded message a no-no.

    2. Re:What about autodialers? by dsb3 · · Score: 2, Interesting

      I'm getting more and more of these :-(

      I tried calling the operator to report it once, but they bounced me around three different people who didn't give a damn and hung up.

      --

      Slashdot? Oh, I just read it for the articles.
  9. Re:What impact will it have? by The_K4 · · Score: 5, Interesting

    It's easy, I just use my cell phone for EVERYTHING. I never answer the home line. If I get a telemarketer (phone company, political or other wise) I explain that this is a cell phone, and I pay by the min for incomming and out going calls and as such is it illegal for them to call this number. I also ask for the company name, address and the referance number of this call that I may send them a bill for the charges of this call, which they are now legaly responsible. I only had to do that 3 times, and even with out actually sending them a bill, the calls stopped. :)

  10. Re:It's all your fault by cgenman · · Score: 4, Interesting

    Pickpocketers, sheisters, and muggers were pretty upset when those industries were outlawed. But quite frankly if your business model is predicated upon annoying people, expect to get banned. Automated call machines were banned for exactly the same reason. Now that call-centers have become consolidated and automated enough to be a major nusiance, they rightfully should be too.

    I'm glad the telemarketing industry is angry. Hopefully that means we will be rid of those leeches upon society.

    Do something positive, and get back to us.

  11. Wish it would stop charities, too. by Junks+Jerzey · · Score: 2, Interesting

    I've made the mistake of donating to some charities, and now I get hammered with the charity telemarketers. They're just as bad as the credit card and long distance people.

    It's sad that charities have been reduced to this.

  12. Re:How are *they* going to do this? by TheMidget · · Score: 1, Interesting
    It is ancient technology, examining people as they tell their stories, but it works in most cases.

    If you are a good actor, you can look very convincing, even if you don't tell the truth... Don't pull this off though, if you're the kind that easily blushes ;-)

    Second, you can take a photograph of your calling-line display.

    Can be faked to easily. Especially if your telephone is able to substitute names for known numbers...

    Third, if they leave a message on your answering machine, you can take a recording to court.

    Such recording could have come from another telephone, which is not on the "do not call list". And besides, what stoopid telemarketer leaves a message on the answering machine, if this is a number he's not supposed to be calling...

    Fourth, you can keep a log of unwanted calls you receive. This is better than your testimony alone, because it shows you are being careful and are making accurate records.

    Who says the records are accurate?

    Fifth, many telemarketing suits involve multiple calls. You can give the judge a list of people you spoke to, on what dates, what you told them, and so on. The combined facts make it very unlikely that the defendant did not call you as you claim, and you only need a preponderance of the evidence to prevail.

    Agreed.

    Sixth, you can ask your friends and neighbors if they received similar calls. Any telemarketer violating the do-not-call list is calling everyone, so you will find other witnesses to verify your report.

    Also agreed. While the probability of one consumer lying might be high (at least, in the eyes of the unethical businessman...), the probability of 10 people making up the same story is incredibly low... unless they operate in collusion.

    Seventh, if it gets to that point is important enough, you can subpoena their records and so on. But then you are into real discovery and may not be able to use small claims court.

    And, depending on how they're systems are set up, this would have the beneficial side effect of crippling their operations if you subpoena enough of their equipment...

  13. Not so fast by WindBourne · · Score: 2, Interesting

    Here in Colorado, we implemented this about a year ago. It has helped. I no longer get calls saying to buy things. Instead, I get numerous calls from the republican and democratic party asking me to support their platform and send lots of money . They also tell me that the Libertarian party is a group of thugs who will allow the other party to get ahead (can't stand either as there is no difference).
    Likewise, I get 2-5 calls a day from charity groups saying that we will be in your area looking for used articles. If I do not answer within 3 rings, they will hang up and try again in about 15 minutes.
    Take your pick of which set of spam you want; businesses or charity/government.

    --
    I prefer the "u" in honour as it seems to be missing these days.
    1. Re:Not so fast by stormraven · · Score: 3, Interesting

      If it's illegal for telemarketers to make calls to a cell phone, would it likewise be illegal for them to send e-mails to an address which is checked by a cell phone? Hmm...

      Otherwise, let's start giving them our cell phone numbers, and then sue them into submission. C'mon it'll be fun, and our lawyers will love us for it.

  14. Re:How are *they* going to do this? by Blimey85 · · Score: 2, Interesting
    I think they should tie the phone company into this law. I think it would be pretty simple but I'll admit that I'm not fully versed on the intricaceis (sp?) of the phone system.

    What I think should happen is that the phone company has a database that contains the do-not-call list. They also have a database that has known call centers (should be simple... any place that has a crap load of outgoing phone calls everyday would be on this list). Then every call that is made from any of these places checks the list. If the number being called is on the list, the call is not put through and the call is logged. At the end of the month, a report is generated and sent to whoever collects the penalty fees. This saves us from getting calls even though we are on the list, and keeps the enforcement simple and cheap.

    --
    How is it that one careless match can start a forest fire, but it takes a whole box to start a campfire?
  15. Re:How are *they* going to do this? by phriedom · · Score: 2, Interesting

    All phone calls are logged to every number, always, caller-id or not; you can't necessarily get that info just by asking though. In my state, the Oregon Attorney General's office goes after the violator FOR you. I'm pretty sure they won't have any trouble getting records from the phone company if you tell him the date and time of the call. What is the telemarketer going to say to the evidence that they called you? "I was trying to call my Grandmother and dialed the wrong number." And the fine is $25-grand here. Or at least it was. I expect that the Fedral list will get rid of the state lists, though I have not read the law.

    --
    Don't moderate flamebait as Troll. Know the difference or you will be Meta-moderated.
  16. Not to be a pessimist... by Lodragandraoidh · · Score: 2, Interesting

    This is probably just a means for the government to collect a list of 'dissidents'.

    According to government statistics, there is a direct correlation between gun ownership, people who believe in 'real' freedom (not the PC fakey kind), and anti-telemarking activists.

    You have been warned...
    [ The Management ]

    --

    Lodragan Draoidh
    The more you explain it, the more I don't understand it. - Mark Twain
  17. Real Reason the Law Passed.... by Vaughn+Anderson · · Score: 2, Interesting
    Ditch em...

    It would be nice to think the Government cares about us little people getting "annoyed" with marketing calls, it seems it takes something more sinister to get a law like this through... I don't see how it will help though other than make folks aware of the difference between a con artist and a true salesman...

    Sorry to say this folks, but the phone marketing people may be right about this one, all it will do is stop legitimate phone sales calls coming in...but the stuff that is really bad ($40 billion a year bad) will simply ignore the dumb list, or worse yet, abuse it, as so many people have pointed out... ugh.

    -v

  18. Re:Let me help them build the list by crazyprogrammer · · Score: 2, Interesting

    Just for fun I compiled "product byproduct's" source and ran it for a few minutes saving the output to a text file, which is 700M and never actually gets passed the 100 area code because after

    (100) 999-9999 the next number generated is
    (100) 1000-0000

    if you look at the second for loop in his code, you'll see that it checks the area code instead of the prefix

    This will get you the desired results

    #include <stdio.h>

    int main()
    {
    int i, j, k;

    //i and j start at 200 because there is no
    //area code or prefix that start with 1 or 0

    for (i = 200; i <= 999; i++)
    for (j = 200; j <= 999; j++)
    for (k = 0; k <= 9999; k++)
    printf("(%03d) %03d-%04d\n", i, j, k);
    }

    --
    "the fax machine is nothing but a waffle iron with a phone attached to it." - Grandpa Simpson
  19. The other bits of the legislation by pauljlucas · · Score: 2, Interesting
    In addition to establishing the national do-not-call registry, the amended TSR [has other] changes including ... requiring telemarketers to transmit Caller ID information.
    I currently have the Privacy Manager service from Pacific Bell (SBC). Callers whose Caller-ID information is not received are given a recording telling them the called number does not accept calls without Caller-ID and gives them the option to record their name at which point the callee is called by the system and the caller's name is announced giving the callee the option to accept the call.

    Anyway, since telemarketers currently do not transmit Caller-ID information, I get no telemarketing calls. None. Zip. Nada.

    Once telemarketers start transmitting Caller-ID information, Privacy Manager will be much less useful. But, if the national do-not-call list actually works, it will make up for it. Let's hope.

    --
    If you reply, do so only to what I explicitly wrote. If I didn't write it, don't assume or infer it.
    1. Re:The other bits of the legislation by taustin · · Score: 2, Interesting

      I don't see why I should pay the phone company to avoid calls that occur only because the telemarketers paid the phone company for my phone number. It's a racket.

      I just don't answer the phone. Anybody who I actually want to hear from knows how to get ahold of me.

  20. Death of the Predictive Dialer abuse! Yay!! by JUSTONEMORELATTE · · Score: 4, Interesting
    Just read the ftc.gov FAQ about the new law, and I'm delighted!
    Greatly reduce abandoned calls. Telemarketers will be required to connect the call to a sales representative within two seconds of the consumer's greeting. This will reduce the number of "dead air" or hang-up calls you receive from telemarketers. These calls result from the use of automatic dialing equipment that sometimes reaches more numbers than there are available sales representatives. In addition, when the telemarketer doesn't have a representative standing by, a recorded message must play to let you know who's calling and the telephone number they're calling from. The law prohibits a sales pitch. And to give you time to answer the phone, the telemarketer may not hang up before 15 seconds or four rings.
    I have always felt that abusing predictive dialers (by under-staffing the call center and simply hanging up on some percentage of your victims) was against the spirit of the law. Now it's against the letter of the law.
  21. loophole? by spazoid12 · · Score: 3, Interesting

    The FCC oversees certain industries (airlines, banks and phone companies) and will have to "buy in" to the registry for it to affect those industries.

    Wonder if there will be companies that do (insert random thing) business but think to get themselves excluded by paying $1000 to become a "phone company" (a reseller of long distance service). If the FCC doesn't buy into the FTC's list, then such a company might have a loop hole and be able to share the data in own "division" of the company to it's others (ie. it's actual original business).

  22. Re:Info bonanza for telemarketers by jeff4747 · · Score: 2, Interesting

    Problem with overseas telemarketing is it drives up the costs massively. The calls themselves are more expensive, the credit card processing is more expensive and the shipping is much more expensive.

    If they have a US company do the credit cards or shipping, the FTC gets to go after the US company.