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Do-Not-Call List Could Be Opened For Phone Spam

Wick_7654 submits a link to this story at the Chicago Sun-Times, which begins "The agency overseeing the national Do Not Call Registry is considering opening a loophole to allow companies to deliver 'pre-recorded message telemarketing.' The effort is being organized by Allen Hile of the FTC's division of marketing practice. Be sure to let the FTC know how you feel about it." The proposed change specifies that recorded calls would be allowed only when an "established business relationship" exists, but provisions like that tend to be stretched to absurdity.

63 of 339 comments (clear)

  1. Pre-existing Business Relationship by Cyberherbalist · · Score: 5, Funny

    Yes, sir, your uncle's second wife's stepsister's kindergarten teacher once bought a widget from us. That establishes a clear prior business relationship between you and us.

    --
    "The generation of random numbers is too important to be left to chance."
    1. Re:Pre-existing Business Relationship by pmazer · · Score: 5, Funny

      And when we say 'us', we mean the company that recently phoned the company down the street from our sister company which resides in Malaysia. And of course, we had records of all of this, but we recently put them in the paper shreader and then burned it, for your security's sake.

    2. Re:Pre-existing Business Relationship by Crazy+Man+on+Fire · · Score: 5, Insightful

      So, you've got a business relationship with me yet you don't know my number? Right...

    3. Re:Pre-existing Business Relationship by superpulpsicle · · Score: 2, Funny

      I don't know which is worse, government or business marketing? Did anyone get spam from the government during election time? I got like 10 automated messages a day calling in asking me to vote for Bush. Then 2 seconds later I would get another automated message for Kerry. I swear one administration has hacked into the others.

    4. Re:Pre-existing Business Relationship by Asphalt · · Score: 3, Insightful
      In order to "opt-out", as the proposal says you will be able to do, I assume you will need to listen to each advertisement in it's entirety to hear the "opt-out" instructions. I don't see a limit on the length of the call, so you could be roped into a 5 minute pitch.

      What a great way to make sure your ad is indeed, listened to.

      If you hang up, you keep getting them because you didn't opt-out.

      This is pretty ingenius on the part of the marketers, because to assert your opt-out rights, you have to listen to the whole ad at least once.

  2. Buisiness Relationship by Ryan+Stortz · · Score: 3, Insightful

    The proposed change specifies that recorded calls would be allowed only when an "established business relationship" exists, but provisions like that tend to be stretched to absurdity.

    Hey...it worked with CAN-SPAM, right? .....Right? Who here can truely say that CAN-SPAM hasn't stopped all spam from reaching their inbox?! I give this provision the thumbs up!

    </sarcasm>

    --
    Bugs are just features that have been fixed.
    1. Re:Buisiness Relationship by SilentChris · · Score: 4, Insightful

      What's sad is the point the article makes: nearly "cost-free" internet calling is now a possibility. Imagine receiving hundreds of phone calls a day, in a spam-style blitz. International casinos, viagra ads. I can picture us going through the same motions we use for spam (install "voice filters", find they don't work, block calls from Grandma, etc).

      The only way to solve this, and the spam problem is to have full accountability. Don't allow a telephone/computer onto the internet unless its idenity is known and there's no technical way to fake it. If the device's identity is hidden or nebulous, it's not allowed to connect. Have devices be physically tracable. Privacy advocates may shudder, but if something like this was in place we wouldn't have problems.

  3. How is this different? by Slack3r78 · · Score: 4, Interesting

    Aren't companies allowed to make calls already if they have a "pre-established business relationship" with you? Has this changed or is the summary missing something?

    1. Re:How is this different? by Edward+Teach · · Score: 4, Informative

      This would allow a third party to make the call for a business. Yeah, then they sell your number to a bunch of other businesses. And, since they were allowed to call, now those other businesses can call. And then, they sell your number to even more businesses...get it?

      --

      Setting his threshold to 5, Sparky eliminated most of the trolls on /.

    2. Re:How is this different? by s.d. · · Score: 4, Interesting

      The thing I don't like about this new change is that, yes, there is already an exception for the pre-existing business relationship. If a company calls me now, I can tell the person who called "put me on your do not call list," and they won't bug me anymore.

      However, my gripe about pre-recorded messages is it puts the burden on the consumer to get off the list -- you have to call the company that just called you back, then get a person on the phone and get them to remove you from their list.

      It just makes it that much harder for consumers to deal with, and that much easier for the companies bugging them. Banks of computers are a lot cheaper than banks of people, when traversing a list of millions of phone numbers...

    3. Re:How is this different? by Reziac · · Score: 4, Informative

      What I wrote on the comments form; feel free to plagiarize:

      ****************
      This is the worst of all possible amendments. Automated phone spam is already the most abusive, as it usually grabs the phone line and won't let go until it's done with its spiel. This wastes my time if I happen to answer the line, and wastes the limited space on my answering machine tape if it picks up. Plus in my experience, automated phone spam is the MOST likely to not have a valid way to get off the list. Oh, sure, it may give you an 800 number to call, but that's likely to reach some convoluted voicemail system that never gets you anywhere. And the concept of "prior contact" has already been stretched to mean "and everyone our company ever shares marketing information with". Not only that, but the upshot WILL be that telemarketers uniformly go to an automated model (much cheaper for them, much more annoying for us). PLEASE don't let this go through. KEEP "Do Not Call" a REAL prohibition against junk calls.
      ***********************

      --
      ~REZ~ #43301. Who'd fake being me anyway?
    4. Re:How is this different? by LabRat007 · · Score: 2, Interesting

      "If a company calls me now, I can tell the person who called "put me on your do not call list," and they won't bug me anymore."

      I've been running into a new problem. I get reapeated calls from the same boiler room, same tele-marketer, and asking for the same person (who does not live here). When I ask to be taken off the list or to talk to a manager they just hang up. When I tell them they called the day before they tell me they did not and promptly hang up. The number they call from does not show up on caller id.

      My next attempt will be to play along and see if I can't get a mailing address.

      --
      "Capital punishment makes the state into a murderer. Imprisonment makes the state into a gay dungeon-master"
    5. Re:How is this different? by Muvlo+Redond · · Score: 2, Insightful

      My reply:

      As a satisfied user of the Do-Not-Call list, I can point out a key flaw of the proposed change -- it benefits the corporation, not the individual. For too many years, any household with a telephone has been bombarded with an intolerable level of unwanted advertisement. The purpose of the telephone is communication. Communication is bidirectional. The Do-Not-Call list protects communication from being replaced by the one-sided soliloquy of the direct advertisement. Clearly, this does not benefit the companies which must now redirect their marketing efforts along other channels; the benefits are instead enjoyed by the public in general. It is the individual who must be protected, and it is the FTC's responsibility to do so. And the FTC has done so -- a strong defense has been given to the public. But a defense is only as strong as its weakest point. The danger of the proposed change is in its admission that it is perfectly acceptable for a company to violate the Do-Not-Call list barrier, by making a trivial modification to the method of transmission. The additional "requirement" of an established business relationship is completely irrelevent; such a proviso is mere fluff, as no possible method of enforcement is available.

      The Do-Not-Call list is a powerful tool to rebalance the uses of the telephone. I strongly urge that it be allowed to remain strong, not gutted to serve the interests of corporations.

    6. Re:How is this different? by HeghmoH · · Score: 2, Insightful

      Please, we are "people", not "consumers". You're using the language of the oppressors.

      --
      Mod down posts with a "Free Mac Mini/iPod" sig, they're spam!
    7. Re:How is this different? by Mr.+Slippery · · Score: 2, Informative
      When I tell them they called the day before they tell me they did not and promptly hang up. The number they call from does not show up on caller id.

      My suggestion: treat it like an obscene phone call. Contact your phone company, tell them you're receiving illegal and harassing telemarketing calls, ask about using *57 (Call Trace) so you can get their number to report them to the FTC. (If your phone company won't help, try contacting the FTC directly and complaining about your phone company.)

      --
      Tom Swiss | the infamous tms | my blog
      You cannot wash away blood with blood
  4. Hehe by TheSpoom · · Score: 4, Funny

    "If you wish to create a business relationship with Spammers Inc., hang up now! If you already have a business relationship with us, please stay on the line."

    --
    It's better to vote for what you want and not get it than to vote for what you don't want and get it.
    - E. Debs
  5. Like we didn't see this coming... by sadler121 · · Score: 4, Interesting

    and the fact that telemarketers have been drooling at the prospect of a list that they can get for free. Notch one up for the telemarketers lobbest and one down for the public.

  6. Sadly, this is probably a waste of time. by Anonymous Coward · · Score: 4, Interesting

    This admin seems determined to allow large businesses to do whatever. The can spam act is a total joke just like what will happen to the federal do-not-call list

    .

    One of the interesting things about it is that it allows large companies to do as they see fit. MSN (and I believe Yahoo and AOL amongst others) to this day , still sell an address list, bandwidth, and ips to spammers. In particular, MSN works with companies such as SBC and Qwest and will "borrow" home users IP's for temp useage. Of course, the users are not currently using them, so MSN will allow spammers to appear to be the end-user. So many people here think that spam is originating from China, when in reality, it does not. It is simply given the appearence of such. Of course, the government made sure that can spam did not injure that practise.

    Now, they are slipping in a backdoor for the no-call list. If you really want to have this work, then you should try to get your state to pass the same law as Colorado has. Colorado started it and it seems to work well.

    1. Re:Sadly, this is probably a waste of time. by northcat · · Score: 2

      Can you please elaborate? I seem to be missing something here. How can they make it appear from China if they are "borrowing" US IPs?

    2. Re:Sadly, this is probably a waste of time. by discord5 · · Score: 4, Interesting
      In particular, MSN works with companies such as SBC and Qwest and will "borrow" home users IP's for temp useage.

      Elaborate please... I can understand that they might sell e-mail adresses to spammers, but actually cooperate and provide them with bandwidth and home user IP's (good thing those are mostly RBL'ed) is a while other matter. Do you have any proof for this? Or at least a tin-foil hat webpage?

      So many people here think that spam is originating from China, when in reality, it does not.

      Say hello to open relays, anonymous (unusable) proxies and what else... Look, I'm not going to argue with you that most mail coming from China isn't chinese, but this hardly explains the connection between MSN and spammers other than the possibility of them selling the addresses. If MSN was keen enough on spamming, don't you think they'd provide the spammers with means easier than dynamic home IPs?

      Of course, the government made sure that can spam did not injure that practise.

      What I've learnt about governments is that most of them don't have the technical understanding to see the fundamental problem, and they have no inclination or time to learn to understand the kind of problems that arise.

      Yes, governments have advisors, and they still have to translate techbabble to laymans terms. Those laymans terms get turned into law-speak, and somewhere along the way an idea to punish someone becomes a loophole, either because there is an error in translation or there is political intrest in letting the problem exist.

  7. got ya by frovingslosh · · Score: 5, Insightful

    Now your unlisted number, that you went ahead and put on the do-not-call list to protect yourself from callers who just selected numbers randomly, will be given to the telemarketers as a number that is fair game for them to call. Your tax maney at work.

    --
    I'm an American. I love this country and the freedoms that we used to have.
    1. Re:got ya by eMartin · · Score: 4, Insightful

      WTF is wrong with these people?

      Don't they realize that those of us that went thgough the trouble of putting our numbers on tht list won't buy anything from them? Why are they wasting their time and ours?

  8. Are you insane? by nordicfrost · · Score: 5, Insightful

    What the hell is going on over there? Has the entire USA become a free-for-all (big business that is) annoyfest? I'm on an European do-not-call-list and have recieved two calls in four or five years one was a mistake, that didn't help I reported them anyway.

    The other was from a company I already do business with (I yelled at them anyway and moved my business to another company that don't anoy me at work). They used the pre-business loophole so I told them what my opinion was with that and talked to everyone I could reach in the company. I also reported them to the consumer ombudsman, since they are abusing their power grid monopoly in Oslo to justify pushing sales calls.

    From an outside perspective, it seems like the only ones enjoying freedom in the US are big, bug business. They can trample the freedom of private citizens quite easely, it seems and bother them at will while the government drags its feet. And counts its money, I presume. We have the loophole too, but we are at least working on closing it, not opening it more.

    1. Re:Are you insane? by EEBaum · · Score: 4, Insightful

      "Has the entire USA become a free-for-all (big business that is) annoyfest?"

      Yes.

      --
      -- I prefer the term "karma escort."
    2. Re:Are you insane? by SuperBanana · · Score: 5, Insightful
      Has the entire USA become a free-for-all (big business that is) annoyfest?

      No. In fact, ever since I added our phone number to the federal do-not-call list, telemarketing calls have in fact stopped.

      The exception is the occasional charity, but even those have pretty much ground to a halt. When they do call, the conversation goes something like this:

      "Hi! This is the Save Small Kittens from Cancer fund, will you give us money?"

      "We're on the federal do not call list."

      "We're a non-profit charity, we are exempt, sir".

      "And, given that we are a household that has registered as not wanting telemarking calls, what genius thought calling us would be a good way to get money from us?"

      "Uh...well...er...um..."

      "Did it occur to anyone that, in fact, by calling a household listed on the do-not-call list, you would in fact generate substantial ill will, and virtually guarantee we'd never send you a dime, even if we might have been planning to do so?"

      "Uh..."

      "Don't call us again." [click]

      It's very simple- any time you get a telemarking call from an NPO and you're on the do not call list, tell them that, by calling you, they've been crossed off the list of charities you donate to. Particularly if you've already donated to them- they can see this on their screen- it will be HIGHLY effective.

      Well, that and (I believe) under the new laws, even an NPO can't call you BACK if you tell them to piss off...they have to honor the request, at least for a few years.

    3. Re:Are you insane? by theNAM666 · · Score: 2, Insightful
      In a democracy, you get the government you pay for, vote for, or create.

      so I told them what my opinion was with that and talked to everyone I could reach in the company. I also reported them to the consumer ombudsman...

      Most Americans will wine and grump and murmur about problems for hours, but are unwilling to take such simple and direct citizen action as the above in order to preserve their freedom and privacy. Like spoiled children (which they have plenty of!), they expect someone else to do this for them. The tragedy is, it is remarkably simple to get things done in the American democracy. Most Senators' senior staffers can be reached within 15-20 minutes during work hours. If everyone reading this just picked up the phone and called their Senate offices, this change would be a political issue and the FCC would never adopt it.

      The simple fact is, the corporations organize to petitition and lobby on issues that matter to them. The Citizenry does not. This is not a matter of money -- as there are far more citizens and it is easy for them to be louder (and deliver "more votes")-- but a matter of representation. What it boils down to is that the US citizenry, /.ers included, is largely lazy, politically uneducated and unwilling or unable to represent their own interests. In short, Americans like to bitch and complain, but they don't like to act.

  9. Great! by Carrot007 · · Score: 4, Funny

    Please let them, really, I mean how much business would they get from a "DO NOT CALL" list?

    Maybe then they will realise that these people are in fact helping them not call people who won't buy their crap.

    --
    +----------------- | What is the question!
  10. Screening technology is pretty good... by Sheetrock · · Score: 4, Informative
    Look for one of those Caller ID units that do text-to-speech on the number. During the calls leading up to the election I don't think we answered one of them, just let them go to the answering machine and dumped them. Would be nice if they wiped out all telemarketing altogether but it'd probably be deemed unconstitutional because of the free speech issues.

    If things get really bad, just switch to cellphones. They can't call those, although for some reason they get a lot of wrong numbers.

    --

    Try not. Do or do not, there is no try.
    -- Dr. Spock, stardate 2822-3.




    1. Re:Screening technology is pretty good... by jyoull · · Score: 2, Informative

      Commercial speech does not have the ordinary "First amendement protections" afforded to other speech.

    2. Re:Screening technology is pretty good... by omeomi · · Score: 2, Informative

      Try not. Do or do not, there is no try.
      -- Dr. Spock, stardate 2822.3.


      I'm pretty sure Yoda said that, and either way the tall guy with the pointy ears from Star Trek is Mr. Spock, not Dr. Spock. Dr. Spock wrote a book on how to raise children, and I'm almost positive that he doesn't use any "stardates".

  11. Re:White List by grozzie2 · · Score: 3, Insightful

    You make the assumption that Caller ID can be relied on. Totally invalid assumption, but, not surprising coming from somebody that's trolling /. for free ipod pyramid scams. It's a strong indication of intelligence (or lack thereof), and just how much weight to put on an opinion.

  12. No land line = no problem. by laughingcoyote · · Score: 4, Insightful

    I've found a very simple solution to this problem-I use cable internet and a cell phone. It is illegal to telemarket cell phones, and I've thus far not had it happen. I get a better deal on my cell then I would on landline service anyway (same cost, give or take 2 bucks, and no cost for long distance as a bonus.)

    As a side note on the spam issue, I use a "throwaway" email address for public posting. I get little spam to it even, and absolutely none to my gmail account, which is given only to friends, family, etc.

    --
    To fight the war on terror, stop being afraid.
    1. Re:No land line = no problem. by Jah-Wren+Ryel · · Score: 2, Informative

      This is what I do too, and it works a treat. I *had* a landline for a while, solely for DSL and gave the phone number out to NO ONE. I STILL GOT CALLS.

      Yep, that happened to me too since it is usually impossible to get DSL without a land-line (aka "naked DSL").

      The solution? No telephones plugged into the landline. They can ring me all they want but I've got now way of ever even hearing it. If I really need to use the landline, in an emergecny or something, I can always plug one phone in for the duration. After a year or so, I have not needed to do that even once.

      Now, if I could just get back the $20/month I waste on having a landline just for DSL...

      --
      When information is power, privacy is freedom.
  13. Re:White List by grozzie2 · · Score: 2, Insightful

    Thinking about this some more, /. already has a system where good karma buys you an extra mod point at time of post. A useful addition to that, sig lines that troll for pyramid schemes like freeipod should automagically buy you a -1 troll immediately at posting.

  14. You had me at Hello. by DonnyCarcharo · · Score: 5, Funny

    "What do you mean no prior business relationship? You said hello. Hello is a greeting and greetings are an integral part of relationships. Now about that home mortgage..."

    --
    -- Don Carcharo
  15. Opening a loophole? by murderlegendre · · Score: 3, Insightful

    I have a better idea.. why not just leave the rules as they are, and offer an opt-in for people who are willing to recieve such calls? Oh wait, that would be nobody.

    Not sure what others have experienced, but the number of telemarketing calls that I have recieved since signing up for the list, has dropped from 5-10 PER DAY to about one a week. The federal do-not-call list is one of the few really useful things that the government has done in as long as I can remember. Yes, I hear that telemarketers are rapidly losing jobs, but for some reason I just can't bring myself to care. It might have something to do with the fact that before the list, I had to shelve my answering machine, unless I wanted to come home to 20 minutes of advertising after a day of work.

    I knew they'd find a way to screw it up.

    --
    There's a Starman, waiting in the sky / He'd like to come and meet us, but he hasn't got the time.
  16. Must, hurt, someone, with, sharp, stick... by Striker770S · · Score: 2, Interesting

    well this reminded me of the one simpsons episode with Homer's phone spamming machine. But in all seriousness, do people really think by overriding the whole not calling list really will increase their sales. This list says that the people will not purchase their stupid crap no matter how much they call so dont even bother; and yet they still think that by overriding the list that they will increase their sales. If they actually do increase sales with this, please give me the list of who bought the crap and i will go over to each of their houses and beat every one of them, then stick their face in whatever they bought, just like an untrained dog learning to be potty trained, and say, "no...". If i get a spam phone call, i will track their house down and their house will accidently light on fire. So is it really worth it to them? i dont think so...

    --
    I thought what I'd do was, I'd pretend I was one of those deaf-mutes. - Catcher in the Rye
  17. NO! FUCK THiS! by HarveyBirdman · · Score: 4, Insightful
    I have not has a sales call since I signed up. The gummint actually made something that's working! Do not tamper with this! FUCK TELEMARKETERS! FUCK THEM IN THE ASS!!!!

    I hope these calm words will help.

    --
    --- Ban humanity.
  18. Exactly why I never signed up by inkswamp · · Score: 4, Interesting
    I knew this kind of thing would be coming soon which is why I didn't waste my time signing up.

    But then, I don't waste my time with telemarketers either. Here's how the average telemarketing call to my house goes:

    Me: Hello?

    TM: Hello, can I speak with [horrible attempt to pronounce my name]--"

    click!

    Nothing personal, but I don't let them get the first sentence out. And I've noticed that I get much fewer calls than before. I suspect a refusal to listen gets noted somewhere in some database and eventually you get fewer calls as a result. Try it. Unless it involves bombing a third-world nation somewhere, you probably shouldn't rely on a government run by George W. Bush to get something like this done right.

    --
    --Rick "If it isn't broken, take it apart and find out why."
    1. Re:Exactly why I never signed up by nkh · · Score: 3, Interesting

      Or you can play the "hold on" game:
      -TM: Hello, can I speak to $name
      -Me: Yes, hold on a second please

      At this point of the conversation, go play five minutes in another room while the guy is waiting. An alternative game would be to count how much time the TM can wait.

    2. Re:Exactly why I never signed up by devilspgd · · Score: 2, Funny

      Repeat "Please continue to hold. Your call is important *snicker* to us and we will be pleased to assist you as soon as *snicker* possible" every few minutes

      --
      Give a man a fish, he'll eat for a day, but teach a man to phish...
    3. Re:Exactly why I never signed up by sapped · · Score: 2, Insightful

      Unless it involves bombing a third-world nation somewhere, you probably shouldn't rely on a government run by George W. Bush to get something like this done right.

      They have managed to get it right? Where?

  19. Help! by mrchaotica · · Score: 5, Funny
    Has the entire USA become a free-for-all (big business that is) annoyfest?
    Yes. Please come liberate us!
    --

    "[Regarding the 'cloud,'] ownership was what made America different than Russia." -- Woz

  20. Military recruiters by EEBaum · · Score: 4, Interesting

    Military recruiters are the worst. I had been expecting a phone call from a company where I was ordering something. A message was left on my answering machine around that time, asking to speak to me and leaving an 800 number, but not saying who was calling. Foolishly thinking this could possibly be a call regarding the order (from a mom&pop operation), I returned the phone call. The phone was answered by a recruiter, US Army. Miffed (they'd called recently already and I'd asked to be taken off their list), I hung up without so much as a hello. Not surprisingly, I was greeted with a return call, asking if I'd just called and hung up. I informed him that his call was unwelcome. He said it was rude to call someone and immediately hang up. I informed him that it was even more rude to leave a phone message on my machine without identifying oneself, especially since the call was unwanted.

    Finally, I asked him to take me off his list and never call again. He replied that SINCE I HAD CONTACTED HIM, he could not remove me. Knowing the conversation never goes anywhere and such people have rarely been considerate of my suggestions to end the conversation, I took the initiative to hang up myself. I expect they'll call again in a few months, and the whole circus parade can begin anew. Since they are always so eager to stay on the line, perhaps I'll buy a karaoke machine for the occasion.

    --
    -- I prefer the term "karma escort."
    1. Re:Military recruiters by gcaseye6677 · · Score: 3, Informative

      Just tell him you smoke weed. He'll never call again, guaranteed. Got to love how the US Army works. You can beat your wife or steal a bunch of stuff and get a second chance. But smoke some weed and you're gone immediately.

    2. Re:Military recruiters by bitslinger_42 · · Score: 5, Funny

      Back in high school, I had a friend with very anti-military parents. One day, when Eddie was out, the Navy called and Eddie's mom answered. She told the recruiter that Eddie couldn't come to the phone because he was spending the night at his boyfriend's house. Eddie never got another call from any of the military branches :-)

  21. High pressure sales tactics. by khasim · · Score: 2, Informative

    These tactics seem to work very well on the elderly.

    Here are a few examples:
    http://seniorhealth.about.com/library/eldercare/bl _apact1.htm
    and another http://aging.state.ny.us/news/letter/0109scam2.htm

    Most people will just hang up, but as with email spam, it only takes a few suckers to make the whole system profitable for the scum.

    The scum would really love to get a hold of phone listing so they could send out their "you have won a prize in our free give away" calls.

  22. Re:How to foil telemarket calls by EEBaum · · Score: 2, Insightful

    Cool, sounds like a great system. Hopefully the person on the other line isn't using it as well :)

    --
    -- I prefer the term "karma escort."
  23. What about people by rsilvergun · · Score: 2, Insightful

    who get put on the list by friends and family? Grandma Miffy can't say no? Put her on the do no call list so she stops wasting her Social Security checks on junk.

    Besides, with most call centers in India/Indonesia/Malaysia/etc, it becomes cost effective even with only a 1% or so return. When you're paying someone 35 cents/hr. to do phone calls, you don't need a lot of business.

    --
    Hi! I make Firefox Plug-ins. Check 'em out @ https://addons.mozilla.org/en-US/firefox/addon/youtube-mp3-podcaster/
  24. you know... by Viceice · · Score: 2, Insightful

    You know what would be a fantastic gadget to have? A device that you could connect between a landline wall socket and the phone and you have a nice big button on the device.

    When you push that button, it would cut you off until you let go and emit a nice clean ear piercing 20Khz tone as powerfully as possible down the line.

    That way when a telemarketer calls, speak softly so they listen up then press.

    --
    Sometimes I wish I was a plumber, then I'd know how to deal with other people's shit.
    1. Re:you know... by Electronik · · Score: 3, Interesting

      20khz is way too high for a phone, bandwith for phone speach is about 400hz to 3khz I think. Also, 20kHz is way too high for a lot of people to hear. Better to blast with a 1kHz tone, that is where the ear is more sensitive. But then again, better not to torture the poor telemarketing monkey at the tnd of the phone with permament tinitus. I want to punch the people that set-up and run these things though.

      In fact, I got a call a couple of days ago from Florida (I am in Scotland) trying to sell me hollidays. I told the person it was illegal here and I was on the UK list, se said it was legal in the USA, I told her I WASNT in the USA... Anyway, i got some address and company name, but I bet neither are true... how does one get these people back? I hate them with a vengence.

      --
      -=test-sig_0.1.5(NoWhitespaceVersion)=-
    2. Re:you know... by legirons · · Score: 2, Funny

      "You know what would be a fantastic gadget to have?"

      "I'm going to become rich and famous after i invent a device that allows you to stab people in the face over the phone"

      (misquoting bash.org , if such a thing is possible)

  25. Established business relationship by Geoffreyerffoeg · · Score: 2, Interesting

    This provision needs to be there...otherwise, the "stretching" could go the other way to prevent Blockbuster from calling me and reminding me that Halo 2 is overdue. That's valid, and they should be allowed to do that even through we're on do-not-call. If it's not, someone will find a way to abuse it so that no commercial entity can call them legally...heh, easy way to get back at credit collectors: sue them under do-not-call and give them the money you win. This seems to me like the greater evil.

    I'm not sure how "established business relationship" can be abused, since a former relationship doesn't exist anymore and shouldn't be allowed to justify calling me now. Of course, we'll have to see how the law is worded....

  26. My comment to the FTC, from Sydney Australia by dhart · · Score: 2, Informative


    I'm utterly stunned that these changes are even under consideration, and at taxpayer expense!

    I live currently in Sydney, Australia. I have a US VoIP phone number on NDNCL, with extra anti-marketing features, and *still* manage to receive unsolicited calls from businesses that I never authorized to make such calls. I sometimes enjoy joking with the callers, "Yes, New South Wales is really a state. I don't know why it doesn't show up on your computer. Didn't you know, Australia is part of America now?"

    I believe that telephone number disclosure (some outfits demand a telephone number to conduct business) should include written opt-in consent for use of that telephone number beyond the scope of the immediate transaction.

    I've often remarked how much I like 'free' local calls within the USA, as opposed to most other places in the world where each call receives a flagfall. I'm beginning now to see the benefit of a caller-pays system, at least in the case of 'business-to-consumer' calls!

  27. ok, here's the problem by linuxpng · · Score: 2, Insightful

    with damned prerecorded message, there is no one on the other line to tell "TAKE ME OFF YOUR LIST!!". So they keep calling you.

  28. Re:How 'bout we just make all telemarketting illeg by ScrewMaster · · Score: 4, Interesting

    More to the point, the telephone is a resource for which we all shell out good money, and I don't recall ever seeing anything in my contract with the phone company that says I authorize its use for telemarketing purposes. The entire telemarketing industry (and I use the term loosely because they produce nothing) completely crosses the line, period, as a parasitic, unjustified, unprincipled misuse of the national communications system. It should be illegal for that reason alone, and frankly I don't care if you are a deserving charity, or Mother Theresa herself for that matter. It is MY GODDAMN PHONE ... get the hell off it unless I said you can use it.

    Congress outlawed junk faxes some years ago, and it worked for a while. However, my fax server was getting about a dozen a day (five days in Cancun for only $300! Free timeshare in Florida!) 'til I moved. Fortunately they haven't found me yet, but given that this activity is already illegal I don't expect telemarketers to be any more respectful of the law ... they'll eventually worm their way around it or just blatantly disregard it and write off the occasional fine as a cost of doing business. I don't think we're going to win this one.

    My home network has a server that handles a lot of tasks, including email, faxing and caller ID services. I have the capability to simply hang up on any unrecognized incoming calls (if the call comes in blocked or private all the other side hears is a "click*.) If you're blocking your number I presume you're someone I don't care to hear from. *click*. If the FTC neuters the DoNotCall list in this way, I'll have to configure my system to ignore any calls not on the accepted list. I would allow emergency calls to go through with a touchtone bypass code, but that alone would stop automated telemarketing.

    One day I'm sitting at home and the phone rings ... I see it's from some company I've never heard of so I ignore it. An automated telemarketing message was left, I forget what about. Whatever. So then a minute or so later, the phone rings again. Only now, it's blocked (private) but the same message is left. Obviously they were hoping that I might pick it up the second time thinking it would be someone important. That was when I started blocking private calls. *click*.

    --
    The higher the technology, the sharper that two-edged sword.
  29. Re:typical progression by Markus+Registrada · · Score: 2, Interesting
    In phase 2 they rent it out to telemarketers

    Good call! The FTC will be a profitmaking branch of the government, like the patent and trademark offices. They just have to change the law so that you need to buy a permit to break the (old) law. There's no law you couldn't do that with, right up to and including murder.

    Of course it has been done before elsewhere (recall "indulgences", "letters of marque", "royal companies", and lots more variations) and it could have been done here any time. It was never a good idea before, but now somehow it is. When the government is populated with crooks and shysters, it gets hard to tell who's not one.

  30. Marketer Labor vs. Consumer Labor by G4from128k · · Score: 2, Insightful

    If the call is not worth the labor of a real person to make the call, then it is not worth the labor of the consumer who must answer that call.

    --
    Two wrongs don't make a right, but three lefts do.
  31. phishing? by slashname3 · · Score: 2, Interesting

    OK, how many people went to the link and filled it out? How much you want to bet that that link actually is tied to a telemarketer and you have now established a business relationship with them. They now have you name and information and can proceed to make calls at all hours of the day and night.

    Having been on the do not call list since the begnining I can say that it has worked very well. Where I used to get a couple of calls a day I have recevied only a hand full of calls over the last year. For those that I could get a company name or phone number I have reported them. I received a call yesterday that seems to be the new method of annoying people. The phone number is blocked and it is a recording, this case offering free travel, after giving the pitch with no mention of a company name they want you to leave your name and phone number so they can get back to you. Kind of like tele-spam (registered trademark pending on the term tele-spam). Well hopefully I cost them some time since I tried my best to fill up as much tape/disk as possible telling them just what I thought about them calling someone on the do not call list. Hopefully it consumed a fair amount of time as they had other people listen to the message I left. Slow them down from processing any morons that actually left their information.

  32. My revenge HAHAHA by teamhasnoi · · Score: 4, Funny
    At work, we started getting calls from disgruntled or eager-to-be-disgruntled customers of a SatTV service. After answering the millionth call of people telling me to stop calling them, I finally got one of the victims to give me the name on the flyer and the phone number. The name was enough to find the company and tell them to change their marketing materials, as their phone number listed was ours.

    Of course, I got thrown in the 'endless hold for angry customers' (Verified on the newsgroups). After five times trying to get ahold of someone who could fix this ever increasing volume of calls, I lost it and started a barrage of calls using 5 lines and an autodialer. I would get to just before where an operator picked up, and put them on hold, then move to the next line. I got amazingly good at it, and picked up the line on some telemarketing stragglers screaming, "WHO IS THIS!?!".

    I kept this up for an hour, which I am pretty sure fucked up their profit margin on that day.

    Still more calls a few days later - I guess they thought I wasn't serious. Another polite request to talk to the manager, and a dump into endless hold.

    Operation Eternal Freedom went into effect again, and this time I feigned an old lady's voice, "I'm trying to reach my son, -insert name here-", on every seventh call. The others went right to hold, until they found no one on the line and hung up. Of course, I was ready with an autodialed response. 45 minutes (while waiting for a backup to complete) later, I called it a day.

    Third time, three 45 minute sessions - I got where I could do it one handed on speakerphone, and get some real work done.

    No more calls after that.

    Did they get my message? I left about 2,463.

  33. Re:How to foil telemarket calls by Kalak · · Score: 2, Insightful

    I've used this system before, and if you have the pager or cell number of those you want to call, then it works fine.

    The annoying part is the emergency phonecalls that might come from something related to my kids. A school probably doesn't know I keep my ringer off and to call my pager first, and with a 911 extension so I know it's not just some number I don't recognize. Since the DNC list, I've been able to turn the ringer back on, and it's been nice.

    My son is getting phone calls now, and I doubt his 1st grade friends would want to page his dad to talk to him, so this is a good thing, and I'd hate telemarketers to turn my phone back into my inbox.

    --
    I am, and always will be, an idiot. Karma: Coma (mostly effected by .hack)
  34. I just realized..... by /dev/trash · · Score: 2, Insightful

    Target was offering 'free' wakeup calls for people on the the Day after Thanksgiving. I wonder if this creates a "prior business relationship?"

    I bet it does.

  35. Kill two birds... by Mal-2 · · Score: 2, Interesting

    I got sick of FAX spam at work, especially since most of them came from the same Canadian company I couldn't contact directly. They left only a (toll-free) removal number.

    The first time, I tried it. I think they stopped for all of a month.

    Once they restarted, I decided to make us unprofitable to FAX. I called their toll-free removal number, and when asked to confirm that I had entered the correct number, I would press "2" for no, starting the whole process over again. Then I automated this with just the autodialer on the phone. It got to the point that when I got through (which wasn't often), the autodialer could hold their line open for upwards of an hour. To prevent this from tying up the main phone line, I tapped the FAX line so that it now was usable on one office phone (in addition to the FAX) only -- mine. Once the legitimate FAXes stopped at 5 pm, but I still had hours to kill before the day's paperwork arrived, I'd set the autodialer to work. All I had to do was hit a button if the phone actually got through to the removal service. Having access to the FAX line also came in handy at other times, but that was just a nice side effect of the need to autodial.

    Since we had a toll-free line ourselves, I knew they were probably paying about 7 or 8 cents a minute for their incoming calls. I wanted to cost them ten dollars a day, but I just couldn't get through all that often as the line was almost always busy (big surprise).

    Then I got the bright idea to subject one of our contractors (who NEVER paid on time, or paid less than was billed) to a little annoyance of their own, so I had the autodialer helpfully "remove" them instead of ourselves. This part at least I know to have worked, their level of Canadian FAX spam tripled instantly. It didn't get us any of the owed money, but it still felt nice. :)

    Mal-2

    --
    How is the Riemann zeta function like Trump rallies? Both have an endless number of trivial zeros.