Telemarketers to Target Cell Phones
sik puppy writes "According to this article on msnbc, telemarketers may soon be targeting cell phones." The article discusses how some of these will be accidental, but others will be in response to things like the do-not-call registry.
In the UK we've been getting SMS spam messages for years already.
Of course, the cost of sending these messages means that you don't get many, and they won't come with a 150KB attachment for no good reason.
(Pardon My referencing of the US code, i'm not a lawyer and thus don't know the proper way to cite things)
8 &mode=thread&tid=126&tid=111&tid=99&tid=12 3
Title 47, Chapter 5, Subchapter II, Part I, Section 227, Article b, Item 1, Subitem B, Instance iii
It shall be unlawful for any person within the United States to make any call (other than a call made for emergency purposes or made with the prior express consent of the called party) using any automatic telephone dialing system or an artificial or prerecorded voice to any telephone number assigned to a paging service, cellular telephone service, specialized mobile radio service, or other radio common carrier service, or any service for which the called party is charged for the call;
Thus anyone using an auto-dialer (i.e. 99% of telemarketers) are inviolation of the law and subject to a $500 fine in small claims court.
See these for more info:
http://www4.law.cornell.edu/uscode/47/227.html
http://slashdot.org/article.pl?sid=03/05/05/11623
http://www.panix.com/~eck/telemarket.html
The MSNBC article quotes an attorney who says that it would be illegal to use an automatic machine to leave a message on a cell phone, but that live calls are acceptable. The attorney missed a key point of the law. Title 47, Chapter 5, Subchapter II, Part I, Sec. 227 restricts the use of automated telephone equipment, including automated dialers. It is illegal to use an automated dialer (equipment that has the capacity to store or produce telephone numbers to be called using a random or sequential number generator and can dial those numbers) to call a wireless phone. Thus, if telemarketers are going to go after cell phones, they will have to dial the cell phone numbers individually, without the use of a automatic telephone dialing system.
I don't think they get the point that the national do-not-call registry allows cell phone numbers to be registered.
My cell number was registered on the list as soon as it was started. Telemarketers would have a nice $11k fine if they called me on it.
-bm
I dont plan on having any telemarketers calling my cell.