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Telemarketers Sue Over "Do Not Call" List

Joey Patterson writes "CNN reports that 'Telemarketers expanded their legal challenge to the government's do-not-call list, suing a second federal agency over the call-blocking service for consumers that the industry says will devastate business and cost as many as two million jobs.'"

31 of 1,004 comments (clear)

  1. repeat after me by Neophytus · · Score: 5, Funny

    The list works. What a shame

    1. Re:repeat after me by LooseChanj · · Score: 5, Funny

      Except for the fact it doesn't. Just about the only person *not* exempted from calling people on the list is Homer and his auto-dialer.

      --
      Mix the failings of Usenet with the shortcomings of the World Wide Web and the result is slashdot.
    2. Re:repeat after me by 0x0d0a · · Score: 5, Insightful

      Caller ID works as well.

      The question then becomes *why* we should have to pay a service fee and do manual filtering to avoid being harassed in our own homes.

      Heck, I can't figure out *why* we have to pay extra to have an unlisted number.

    3. Re:repeat after me by huntz0r · · Score: 5, Insightful

      To offset the revenue the telco loses from not being able to sell it...

      --

      Karma: Chameleon (mostly affected when you come and go, you come and go)
    4. Re:repeat after me by mal3 · · Score: 5, Informative

      Nope. Been in a car accident lately? I was and for the next two days I was called by no fewer than 10 lawyers, body shops, and chiropractors. The list will stop all those calls.

      --
      Non gratis rodentus anus
    5. Re:repeat after me by dorsey · · Score: 5, Funny

      whenever I get a call for Mr. 'Dorsey', I know it's time for a round of, "fuck with the caller until it's boring."

      Unfortunatly, that doesn't work so well for me...

      --
      hinderfreude ('hin-dur-"froi-d&), n. The feeling of joy derived from being in the way.
  2. Cost two million jobs... by pjack76 · · Score: 5, Insightful
    ...of two million people who could be doing something USEFUL for society instead.

    Was there a constitutional right to profit that I missed?

    --

    Wow, a lucrative publishing contract! I don't have to be evil anymore. --Meteor

    1. Re:Cost two million jobs... by tomstdenis · · Score: 5, Insightful

      The govt didn't. They provided a means to an ends [e.g. DNC lists].

      If the people don't want to be called that's *their* choice. Not the telemarketers.

      That being said it often is more fun to toy with them then to hang up right away. Waste their time [which costs money] and mine [which costs TV viewing time].

      The winner!

      Tom

      --
      Someday, I'll have a real sig.
    2. Re:Cost two million jobs... by Charlton+Heston · · Score: 5, Insightful

      You're right on. It's the same as the broken windows fallacy. If you went around breaking windows, you'd employ a lot of people, making windows, fixing windows, sweeping up broken glass. But, would we be any further ahead? Of course not. These telemarketers are a boil on the ass of society. They are leeching, not contributing.

      --
      Get your stinking paws off me you damn dirty ape
    3. Re:Cost two million jobs... by kwerle · · Score: 5, Insightful

      are you going to claim that the telemarketers are trespassing by calling your "house" w/o an invitation? i can walk up and knock on your door and until you tell me to leave, it's not tresspassing. you can already, under previous laws, tell a telemarketer to add you to their DNC list and they must.

      Ever see a building with a "No Solicitors" sign on the front door? Notice how those are legal. There is a legal difference between knocking on your neighbors door to ask for a cup of sugar, and wandering neighborhoods trying to sell sugar "door to door."

      this is effectively putting up lots of NO TRESSPASSING signs all around your property.

      No, it's like having a single "No Solicitor" sign on your phone. Seems totally reasonable to me.

    4. Re:Cost two million jobs... by crayz · · Score: 5, Insightful

      but it's not the governments right or responsibility to kill off an entire industry because that industry "bothers" some people.

      I'm sorry, what country did you think you were in? Our country, a constitutional republic, is setup in such a way that if an entire industry bothers some people, those people can get their legislators restrain that industry in certain ways.

      So you see, your initial assumption was wrong. Citizens in the US do not need to put up with any amount of abuse from faceless legal entities.

      And to be frank, I don't think you missed a Constitutional right. I think you missed the entire Constitution.

  3. Hypocrites... by Gibble · · Score: 5, Interesting

    I'm sure alot of people who work for telemarketers have their names on the list just so they don't get calls.

    --
    Gibble: Descriptive of an emotional state in which one's mind is scrabbling for some purchase on reality
  4. Yawn. by palutke · · Score: 5, Insightful

    Another industry with a doomed business model resorting to litigation to address its (short-term) problems.

    If I were a telemarketer, I'd be overjoyed at the prospect of a national do-not-call list. It should be seen as a list of people who aren't likely to buy anything from me, thus reducing the time I waste calling people who probably won't buy. The feds even pay to maintain it!

    Also . . .

    The suit's argument that jobs will be lost is worthless. If they were motivated by providing jobs, I wouldn't get so many pre-recorded solicitations. I'm sure the industry would eliminate almost all their employees if they thought it would bring them more profit.

    --
    'I ain't a liar, baby, and I ain't proud I just want what I'm not allowed.' -- Violent Femmes, 36-24-36
    1. Re:Yawn. by mcgroarty · · Score: 5, Insightful
      If I were a telemarketer, I'd be overjoyed at the prospect of a national do-not-call list.

      I don't think you would be. The majority of telemarketing purchases are made by people too submissive or timid to say "no" to a caller. These people are probably signing up in droves, as it's a nice, non-confrontational way of dealing with their weakness.

  5. I cry. by nsanders · · Score: 5, Funny

    *sheds a tear for the pain and suffering of telemarketers*

  6. Well, sure! by EvilSporkMan · · Score: 5, Insightful

    If the RIAA can get their continued existance legislated, it's only fair the telemarketing field gets the same treatment...

    --
    -insert a witty something-
  7. New Jobs... by brianosaurus · · Score: 5, Funny

    Maybe those 2 million people can get jobs selling magazines door-to-door.

    Oh wait. People hate that, too.

    --
    blog
  8. Hypocritical polticians... by focitrixilous+P · · Score: 5, Funny

    Exemptions from the list include calls from charities and pollsters and calls on behalf of politicians.
    But calls from people telling me, Vote for Dayton/Coleman/Ventura/ whoever else is running are the worst kind. And don't get me started on charity calls, It's bad when they try to sell something, it's worse when the ask me to give them something for nothing. Toughen the law even more, I say. Make those annoying "oops wrong number" calls a federal offense. I don't want my phone to ring for anyone I don't already know. In fact, add my family to the list. The only ones I want to allow to call me are single women.

    --
    SAILING MISHAP
  9. Re:Won't work by vmxeo · · Score: 5, Funny

    On the other hand, what are all those losers whose only skill is having a big mouth and being able to follow a script going to do for a living now?

    ...technical support

    (I'm sorry. Its been one of those kind of days)

  10. Re:In other words... by Doesn't_Comment_Code · · Score: 5, Interesting

    The sad part about that two million jobs thing is that it's the entire legal basis of the suit. This is one in a string of lawsuits that are straying further from what's legal. Instead companies or class action groups just whine that they think something isn't fair. What's worse is that sometimes the courts go for it. If we keep going in this direction, there won't be laws or a constitution any longer. There will just be a judge who listens to two parties whine, until he proclaims the loudest one the winner.

    I would like to see some legal basis behind this challenge. What rights does it infringe? Where does it protect these rights in the constitution? Remember that stuff? That's what court cases used to be about.

    --

    Slashdot Syndrome: the sudden, extreme urge to correct someone in order to validate one's self.
  11. Why complain? by loconet · · Score: 5, Funny

    Why even complain about the do not call list if those people listed on the do not call list basically are saying that they don't want to buy stuff from the telemarketers in the first place!

    That's like me getting a list of girls who would never go out with me. I'd love to have that list , it would save me time. Then again that list might be bigger than the do not call list, but that is beside the point.

    --
    [alk]
    1. Re:Why complain? by Anonymous Coward · · Score: 5, Funny

      That's like me getting a list of girls who would never go out with me. I'd love to have that list , it would save me time.

      You have it now... Its called a Phone Book.

  12. Embrace the change by bennomatic · · Score: 5, Interesting
    True, there's no expressly stated right to privacy, but I'm of the school of thought that it can be inferred. Regardless, though...

    This isn't about the government killing off an industry. It's about protecting the people who are "bothered" enough to request not to be bothered. If I called you every night at dinner time, and if you did not welcome my call, you would ask me to stop. If I did not stop, then by definition, I would be harassing you, and you would have some right to protection by the law.

    The DNC list does not prohibit phone solicitations; it merely requires that solicitors prune their lists based on people's requests not to be contacted that way.

    Most people in that line of work are paid by commission anyway, so I feel that I'm doing them a favor by having them not call me because I *NEVER* buy anything sold by an anonymous phone (or door) solicitor. Rather than sue, these folks should embrace the change for the better of all mankind!

    --
    The CB App. What's your 20?
  13. I was a telemarketer once -- very briefly by GuyMannDude · · Score: 5, Insightful

    Before everyone adds me to their Foes list, I want to say that I didn't last long: I quit. I was desperate for a summer job as a college student and thought that working indoors making a good wage was better than the crap jobs my buddies were getting pitching tar or whatever the hell they were doing in the heat. Funny thing is that I was selling premium television channels and I, personally, thought (still do) that TV was largely a waste. It took me a few weeks to develop my ability to sell something that I didn't believe in but pretty soon I was starting the heavy-sell over the phone. I was a hypocrite -- I personally thought what we were selling was crap.

    Finally, one day I made a call and a very elderly woman answered the phone. I started into my sales pitch when she finally sobbed "Please, please, just leave me alone. My husband has died and I don't know how I'm going to pay my bills." And by god if I didn't have to bite my lip to stop myself from replying "You need some entertainment to distract you from your problems. Can I sign you up for the comedy channel?" Man, I was so programmed to try to turn a bad situation into a sale that it was just automatic! Fortunately, I still had some decency left and told her that I wished her best of luck and hung up. I quit the very next day. I still remember the look on the boss' face when I told him why I was quitting. I don't think he had ever had someone quit for moral reasons before. He was stunned that someone would voluntarily quit a high-paying, cushy job solely because of moral qualms. Because I had left before my shift was up, my ride wasn't there to pick me up. I walked all the way home in the rain. But I was happy. I had done the right thing.

    Whenever I hear about the sob-stories of telemarketers, I simply remember back to those awful, awful people who I worked with those few weeks. Screw 'em.

    GMD

  14. Re:Half of all customers lost??? by Dr_LHA · · Score: 5, Insightful

    I'm confused. This means that half the people that buy products from telemarketers will sign up and therefore prevent themselves from buying new products?

    That's exactly what'll happen. I've often heard from people that the do not call list will help telemarketers, as it will cut out people who never buy stuff from telemarketers. This is true, but the do not call list will also remove from the list telemarketers bread and butter: People who can't say no.

    There are a lot of people out there, I know a few, who just can't say no to telemarketers, get drawn in and buy stuff they know they don't want. These people know they have a problem, but still get caught out everytime the telemarketer calls. So going on the do not call list is the easy way out for them.

    Its the loss of these people that will telemarketers hurt telemarketers the worst.

  15. Clearly What We Really Need by saddino · · Score: 5, Funny

    is a Do-Not-Sue list!

  16. Re:The very same reason we get spammed? by Anonymous Coward · · Score: 5, Insightful

    I take it a step further. I would never buy anything from these people because I wouldn't want to perpetuate the process. Even if someone called me this evening to offer a great deal on a product I've been hoping to buy, I'll gladly spend a little more money and inconvience just to break the cycle.

    Who knows, maybe the poor soul on the other end of the line will finally get the picture and go out and find true employment.

  17. Re:The very same reason we get spammed? by WaxParadigm · · Score: 5, Informative

    "I am at a loss as to just what sort of job loss the telemarketing association is referring to."

    Telemarketing, from what I understant, is the leading field of employment in terms of employing people who were previously on government-funded welfare programs. There will be a tremedous job loss, and it will be lost jobs for the poorest and least-educated people.

  18. Re:The very same reason we get spammed? by connsmythe96 · · Score: 5, Insightful

    That's hours of my time spent doing something that serves me no purpose and waste's someone else's time as well. I think that second part is prtty important too. Why should telemarketers want to call people who obviously have no interest in buying their products? If their products are legit and they do have interested buyers somewhere, then they shouldn't be worrying about all the people who are going to hang up on them anyway. Every call they make that doesn't lead to a sale is lost money. Weeding out the futile calls should save them a lot of money.

    If, on the other hand, their products are crap and NO ONE will want to buy it, save for the morons who can be talked into anything, then who cares if they can't sell them? I certainly don't. They need a better product, and a better marketing system.

    This is just like the problem with internet ads. People spend so much time and effor (and money) on stupid methods of getting your attention (popups, animation, blinking, ads scrolling across the page, sounds, etc, etc, etc) because they know their products won't sell. They have no market, so they try to force their way into everyone's view hoping someone will bite. That's not how it works. Good businesses make products designed for a specific market and target their advertising to that market. I don't mind seeing an ad on slashdot for a compiler, and I'm likely to even click on that ad. That's good marketing. It's targeted well and it's a valuable product. There's no need for a popup there. However, I do mind seeing an ad (popup or otherwise) for a product completely unrelated to what I'm doing. An X10 ad popping up on my screen while I'm looking up programming references isn't going to lead to a sale. That's just ridiculous.

    In summary, these people need to fire their marketing people (or maybe hire some if they don't have any) and try to actually sell a product instead of just throwing it out there hoping someone will see value in it.

    --
    if(!cool) exit(-1);
  19. In Other News by ShieldW0lf · · Score: 5, Funny

    The OCAA (Organized Crime Association of America) is suing the government over their "Anti-Theft" laws.

    Their representative, known only as "The Don", says that the legislation cost their business 9.4 trillion US dollars last year.

    "This is a staggering sum" said The Don

    "That's the equivilant of the entire US GDP for that year. Do you know how many citizens can be employed with that kind of money?"

    The White House refused to comment.

    --
    -1 Uncomfortable Truth
  20. Re:Call Me! by KarmaPolice · · Score: 5, Informative

    Even better (From Seinfeld):
    http://www.sconet.state.oh.us/Communications_Offic e/Justice_Pfeifer/2002/jp082802.asp

    For those to lasy to click a link:

    "SEINFELD: (ANSWERING PHONE) Hello.

    "(TELEMARKETER): Hi. Would you be interested in switching over to TMI long-distance service?

    "SEINFELD: Oh, gee, I can't talk right now. Why don't you give me your home number and I'll call you later?

    "(A LONG PAUSE) (TELEMARKETER): Well, I'm sorry. We're not allowed to do that.

    "SEINFELD: I guess you don't want people calling you at home.

    "(TELEMARKETER): No.

    "SEINFELD: Well, now you know how I feel."