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First Caller-ID Spoofers Punished

coondoggie plugs a NetworkWorld story that begins, "The first telemarketers charged with transmitting false Caller IDs ... to consumers were fined and barred from continuing their schemes by a New Jersey District Court judge.... [T]wo individuals and one corporate defendant have been barred from violating the agency's Telemarketing Sales Rule and its Do Not Call requirements ... They were also found liable for $530,000 in damages ... [T]he case was the first brought by the Commission alleging the transmission of phony caller ID information or none at all."

44 of 156 comments (clear)

  1. I hope that this set precedent... by dotancohen · · Score: 4, Insightful

    I hope that this set precedent for spammers.

    http://what-is-what.com/what_is/spam.html

    --
    It is dangerous to be right when the government is wrong.
    1. Re:I hope that this set precedent... by PReDiToR · · Score: 4, Funny

      Play the fools at their own game.

      Print one of these out and keep it by the phone:
      Anti-Telemarketing Script
      Anti-Telemarketing Script
      Anti-Telemarketing Script

      --

      Do not meddle in the affairs of geeks for they are subtle and quick to anger
    2. Re:I hope that this set precedent... by omeomi · · Score: 2, Insightful

      I don't understand why this hasn't happened sooner. I've filled out that complaint form on donotcall.gov a number of times since it's inception when I get a call from some telemarketer for a company I've never dealt with. I always hoped that, even if my individual complaints weren't looked into, maybe they would aggregate complaints, and investigate the bigger offenders. Apparently they haven't really even been doing that...

    3. Re:I hope that this set precedent... by LandDolphin · · Score: 4, Funny

      As a former Telemarketer, I love the EGBG script... (now that is)...

      The things Telemarketers hate most is wasting their time. What is probably more mean, is to pretend to be interested and ask ton's of questions about whatever they are selling. Go along and act like your going ot buy everything they have to sell and then right at the end say, "Nah, I changed my mind" and hang up...

      --
      Spelling and Grammar errors have been added to this post for your enjoyment
    4. Re:I hope that this set precedent... by smooth+wombat · · Score: 4, Informative
      I always hoped that, even if my individual complaints weren't looked into, maybe they would aggregate complaints, and investigate the bigger offenders.


      Last year, out of the blue, I received an envelope from our Commonwealth's Attorney General. My first thought was, "Huh. They finally caught up to me. Took them long enough."

      I opened the envelope and inside was a letter and a check. The letter indicated that sometime back I had submitted a complaint to them about someone who had left repeated messages on my answering machine even though I was on the DNC list. After investigation, the company was fined and the check represented my portion of the settlement amount.

      The federal list might take longer but at least in my case, Pennsylvania does investigate marketers who do not observe the list and penalizes them.

      You're probably wondering about the check, aren't you? It was more than $10 but less than $100. Enough to fill up my tank a few times back when gas was less than $3/gallon.

      --
      We will bankrupt ourselves in the vain search for absolute security. -- Dwight D. Eisenhower
    5. Re:I hope that this set precedent... by Neanderthal+Ninny · · Score: 2, Insightful

      The current pain for me is the "Your vehicle warranty has expired..." which is a recorded message and if you are interested you press 1 to get transfer to an telemarketing human.
      Pity more than half of my "telemarketing" calls are these pre-recorded message so I can't really truly counterscript them. Also they drop the line before I can get any information on them. I would like to send these people to Abu Ghraib or some other gulag.

  2. and if you rtfa by way2trivial · · Score: 2, Informative

    you find out they don't have it and are only paying 45,000 in fines..

    --
    every day http://en.wikipedia.org/wiki/Special:Random
    1. Re:and if you rtfa by spectrokid · · Score: 4, Interesting

      My brother is a DA. Getting a conviction is less than 50% of his job. The majority of his time goes to finding out where the poor helpless bankrupt criminals have hidden their stash. (And he is really good at it ;-)

      --

      10 ?"Hello World" life was simple then

    2. Re:and if you rtfa by wvmarle · · Score: 2, Informative

      Also according to tfa the original fine is based on gross revenue. That means all income, before cost. Of course a fine has to be punitive, but gross revenue that of course no-one can pay. Many costs have to be deducted, starting of course with their telephone bills.
      Great to hear a telemarketer getting fined though. Irritating lifeforms.

  3. Jesus Christ by BadAnalogyGuy · · Score: 2, Insightful

    Call me! No wait! Don't call me! *wink wink*

    That's a whole lot of money for getting called.

    You know who else should get slapped with a fine? Companies that hire telemarketers.

    1. Re:Jesus Christ by Hans+Lehmann · · Score: 5, Insightful
      Gives us legitimate telemarketing companies a bad name.

      There are *no* legitimate telemarketing companies. Nobody has ever asked you to call them on the telephone and try to sell them something; stop trying to pretend otherwise. If you call me with a sales pitch, regardless of what it is or who you represent, I'll want your head on a pike.

      --
      09 F9 11 02 9D 74 E3 5B D8 41 56 C5 63 56 88 C0
    2. Re:Jesus Christ by Dare+nMc · · Score: 2, Insightful

      Gives us legitimate telemarketing companies a bad name.
      Then get to complaining to the DMA, if you want any consumers to take any telemarketer serious then get them to stop defending the right to continue bad practices. And get them to start requesting laws, and enforcement to clean up the industry, instead of the opposite.
    3. Re:Jesus Christ by Raineer · · Score: 3, Insightful

      If I want your product, I'll go looking for it. This is the beauty of the internet age. I do not need to be called at home and be "sold" on something I did not ask for. If I called you, and you are returning my call, this is completely different.

    4. Re:Jesus Christ by nstlgc · · Score: 2, Funny

      But still you despise yourself enough to post as AC :)

      --
      I'm Rocco. I'm the +5 Funny man.
    5. Re:Jesus Christ by jjhall · · Score: 3, Insightful

      There are legit telemarketing companies. I know of a couple who call people regarding renewals of their magazine subscriptions. They are calling their existing customers who have not yet renewed, offering a discounted renewal rate if they renew before their subscription runs out.

      I do believe you have a point that there are no legit cold-call telemarketing companies.

  4. Ban them from using phones by Reality+Master+201 · · Score: 5, Insightful

    When "hackers" get caught, it's not uncommon for the judge to ban them from using computers for a period of time. Ban the caller ID spoofers from using a telephone for a few years, either for business or personal use (with an emergency usage exception).

    1. Re:Ban them from using phones by hansraj · · Score: 4, Funny

      Not only I totally agree with your "same yardstick" principle, I also propose following natural application of it: "any guy caught urinating in public should not be allowed to use his penis ever again."

    2. Re:Ban them from using phones by Schadrach · · Score: 2, Insightful

      You mean like being made to register as a sex offender, immediately causing everyone who hears such to assume you are a pedophile and/or rapist?

  5. why waste their time and money? by AntEater · · Score: 3, Insightful

    "...calling consumers on the National DNC Registry"

    Maybe someone can help me understand something here. Why would a company want to waste their resources marketing to people who have made an overt effort to opt-out? Do they really think that people will make a purchase if they could through?

    Personally, I've put my number on the "do not call list" and I wouldn't buy anything from a telemarketer purely as a matter of principle - I'd pay more elsewhere just to avoid encouraging this form of marketing. I've never met anyone who didn't feel similar about getting sales calls at home.

    --
    Alex, I'll take keybindings not used by Emacs for $400....
    1. Re:why waste their time and money? by CheeseTroll · · Score: 4, Insightful

      In theory, that makes perfect sense. But in practice, there are enough people who, even though they don't like being called, still get talked into stuff over the phone. "No, I'm not interested. Wait, you said I could lower my mortgage payments by *how* much?"

      When the DNC lists went into effect, many telemarketers tried to spin it into a positive thing, saying that the gov't was actually helping them by cleansing their lists of the people who wouldn't buy anything anyway. It was cute, because the DNC lists really killed their old business models. Looks like the survivors out there are relying heavily on loopholes in the law and the relative lack of enforcement.

      --
      A post a day keeps productivity at bay.
    2. Re:why waste their time and money? by AntEater · · Score: 4, Funny

      Maybe some people register on DNC-lists because they know they're pushovers? I didn't think that was why I registered, but now that you mention it, that was probably the real reason.
      --
      Alex, I'll take keybindings not used by Emacs for $400....
    3. Re:why waste their time and money? by nerdonamotorcycle · · Score: 2, Insightful

      Many people register for the DNC list precisely because they know they have difficulty refusing telephone sales pitches. Therefore, the DNC list may represent a list of people who are actually more likely than average to buy whatever a telemarketer is offering.

    4. Re:why waste their time and money? by ClientNine · · Score: 3, Insightful

      "...calling consumers on the National DNC Registry" Maybe someone can help me understand something here. Why would a company want to waste their resources marketing to people who have made an overt effort to opt-out? Do they really think that people will make a purchase if they could through?

      I've worked in 2 telemarketing companies when I was a young lad-- degrading work, but indoors and no heavy lifting-- and I can tell you that the First Rule Of Spammers applies to them: They're dumb.

      As far as I could tell none of the floor managers had any interest whatsoever in making sales. They cared about other critical metrics such as minimizing bathroom breaks, total number of calls made, how many "objections" we "overcame" before disconnecting, script adherence, etc, but not about sales. I mean, of course they *officially* cared about sales and were paid on it, but they were generally too stupid to realize that forcing someone with a talent for salesmanship to 100% adhere to a poorly written script was NOT making anyone money.

      Some of my favorite boneheaded moves I had to work with:
      • * Scripts written by non-native English speakers, loaded with grammatical errors
      • * Setting predictive dialers to such an aggressive setting that most people had been on a dead line saying "hello?" for 5-10 seconds before we came on, thus ensuring that they were good and pissed before the pitch even started
      • * Scripts starting with a horribly insincere line like "How are you today?", thus pissing away the 10-15 seconds of "grace time" most callers will give you before getting annoyed
      • * Forbidding drinking water at the desk because it resulted in "too many bathroom breaks"-- not a good move for people whose job is to talk fast and long
      • * Calling sequential numbers during evening hours, thus resulting in things like waking up an entire hospital ward, 1 room after another
      • * Having sales checked the next day by "callback verifiers", thus requiring the customer who just barely was willing to buy the newspaper have to sit through another annoying 3-minute call in order to put the sale thru, assuming you could actually get the guy on the horn
      • * Putting actual bonafide lies in the script, and forcing us to tell more lies when customers called us out on them
      • * Recycling calling lists so fast that people received 2-5 calls in the same day, thus guaranteeing that no sales would be made after the first go-thru and even rssulting in some customers calling to cancel previous sales out of sheer annoyance
      • * forbidding us from ending a call until the customer had said "no" *3* times, even though the call was clearly a waste of time an annoying to everyone after the first (or maybe 2nd) one
      • * And my favorite: At one place we were forbidden from ever hanging up first, thus *guaranteeing* that every call ended acrimoniously. In a few cases we got crazies or wiseasses who just set the phone down and walked away, leaving the TC (telmarketing consultant) sitting helplessly with his/her hand in the air waiting for the shift supervisor to eventually notice and then walk over and hit "disconnect" for them.

      It was a dumb industry. Good riddance to it, even though it helped pay my rent for a while.
    5. Re:why waste their time and money? by GuldKalle · · Score: 2, Insightful

      I didn't say everybody on the list were pushovers. Anyway, that's the only explanation I can come up with.

      --
      What?
  6. Re:Never did understand by gweihir · · Score: 2, Insightful

    Easy: Stupidity once removed, i.e. some telemarketeer gets paid by the number of calls made where somebody was on the other side, not the number of sales. Personally I never buy products that telemarketers advertised ever again, but it seems not enough people handle it that way.

    --
    Most ACs are not even worth the keystrokes to insult them. Be generically insulted by this and ignored otherwise.
  7. Marketing by ledow · · Score: 5, Interesting

    To those people asking why you would want to call a "Do Not Call" list anyway...

    I know a few people who work in telesales and it's usually the stupid and draconian rules put on the employees by the company, despite there being no actual proof that they would improve sales. In fact, in some places where they listen to the employees, changes can be made to INCREASE sales by cutting out known-bad calls as soon as possible.

    E.g. (these are ACTUAL examples of PRESENT policies among some UK tele-sales offices)

    "You can not hang up on the customer. They must hang up."

    One of my friends had a three-hour ordeal with a woman whose husband had died and had to persist trying to sell to her because she could only plead for THEM to hang up, she was so upset. Yes, the woman should have just hung up rather than upsetting herself but she was hardly thinking straight.

    "You must try to make an appointment for a salesman to call, even if you know it will mean no sale."

    So tele-sales were booking appointments with people who were so annoyed at the telesales that they were threatening violent action. They were talking these people into BOOKING AN APPOINTMENT with a real, physical representative of the company who then turns up their house only to be pulverised.

    On a similar tack, I just had a sleazy salesman knock at my door the other day. His opening words, while flashing an EDF Energy ID card, were "Hi, we're from EDF Energy and we're here to give you a new prepayment electricity key". Okay, I'm listening. I have a pre-pay meter. But I know there's something not quite right. The following conversation then ensued.

    "Okay... erm... but I don't think I'm with EDF." (I'm actually with E-On but I was sufficiently confused between the two to take a second. Note that in this second he would not have been allowed access to the property or even the meter cupboard anyway. I'm not THAT stupid).

    "Oh. Well. Would you mind telling us who you *are* with then?"

    "Erm. You know? I'm not telling you."

    "Why not?"

    "I believe you're a salesman. Goodbye."

    "Thank you sir."

    Two hours later, he was back and I opened the door again (the wife had been suitably alerted by this time anyway so she would have slammed the door in his face too). He only said "Oh, it's you. We've spoken to you."

    What got me was the unbelievably casual fraud (they implied, even if the actual words didn't say, that they were my current electricity supplier when in fact they were planning to sign me up to a new electricity supplier by inserting the key into my meter). And the fact that they went up the road and obviously carried on with the same line for the rest of the afternoon before turning back and trying the houses that they'd missed.

    If I hadn't been in the middle of laying a new floor at the time, I would have shouted down the street and knocked on everybody's doors to warn them myself, or call the police and make them explain themselves. They may have been doing nothing "wrong" but I'm sure that a police officer wouldn't take kindly to their sales pitch and it would cause them enough trouble to try another street.

    Guess what happens next time I'm choosing an electricity supplier? The ones who commit fraud on my doorstep don't get included.

    1. Re:Marketing by knight24k · · Score: 3, Funny

      "You can not hang up on the customer. They must hang up."
      Ok, this just struck me as funny since my favorite thing to do with telemarketers is to get them talking and then quietly set the phone down and walk away. It doesn't cost me a dime, I have a cell phone for people that need to contact me and I know it hurts them way worse than simply hanging up. It wastes their time and forces them to either wait or hang up eventually. Of course if I was as quick witted as Tom Mabe http://www.tommabe.com/, I would have better and funnier ways of dealing with them.
    2. Re:Marketing by ledow · · Score: 2, Interesting

      Supposedly. I just wish I hadn't been so pre-occupied when I opened the door (or known he was coming back). Trading standards springs to mind but I doubt they could do anything without some sort of name anyway and I didn't bother to inspect his ID too closely as he wasn't coming into the house.

      I have seen a lot of EDF reps around the town, though, all dressed in orange-flourescent workmen's jackets, I assume to make them look official. If I see the guy again, I may have to worry him just out of entertainment by asking for his name, a copy of his ID, etc.

  8. to remove yourself from this list, click here by tepples · · Score: 2, Insightful

    Why would a company want to waste their resources marketing to people who have made an overt effort to opt-out? Why does unsubscribing from V1A9R4 spam lists get you more spam?
  9. Re:Absolutely right. Its just one more form of spa by peipas · · Score: 4, Funny

    and I HATE spam. The secret is a dash of paprika.
  10. Will it actually change anything? by sjs132 · · Score: 4, Interesting

    Will it actually change their marketing ploys? I doubt it.

    Just the other day, I was taking care of dinner and kids when phone rang. It had my wife's name (yes, I have; and yes some role reversal, but I get home earlier, etc..) Without thinking, I answered. It was a stinking telemarketer. When I chewed her out and she hung up, I looked back at the caller ID log. Instead of my wife's name and cell phone # as usual, it had wife's name and our own land line phone number! So not only did this company spoof the name, but also the #. And it seems to happen a lot lately!

    We don't answere the phone unless it is someone we know, and now I have to even worry about that! No, I'm not dodging creditors, I just rank time with kids and family as more important than solicitations for "Troopers association" or other junk callers. If I need your service, I'll look you up. Don't bug me with calls when I'm with the family!

    --
    --- Relax, that mass muderer is just trying to reduce our carbon footprint, one fetus at a time...
  11. Dean Wurmer says... by Mr.+Underbridge · · Score: 3, Funny

    If I understand this correctly, they may no longer violate the rule because they've been... barred from violating the rule.

    That's correct. They're now on double secret probation.

  12. "have been barred..." by Anita+Coney · · Score: 2, Insightful

    Part of their punishment was to be barred from violating the very rules they were convicted of violating?! Does that make any sense?!

    --
    If someone says he and his monkey have nothing to hide, they almost certainly do.
  13. These ilk drove me nuts by Just+Some+Guy · · Score: 2, Interesting

    I'd been getting calls from "Card Services", representing themselves as being with my credit card company, once a day or so for a while. I whipped out a short blog entry one day just to vent, and somehow ended up with several thousands hits per month on it. Apparently I wasn't the only one they were driving crazy. It's good to see that these cretins are finally being reined in.

    --
    Dewey, what part of this looks like authorities should be involved?
  14. In later news... by PTBarnum · · Score: 2, Funny

    The judge later reversed his decision, after receiving phone calls from the president, the secretary of the UN, the pope, and Elvis. "It's amazing how similar all them sound", said the surprised judge.

  15. Re:what about those 000-000-0000 nums? by Chineseyes · · Score: 2, Insightful

    Political and non-profit organizations are exempt from Do Not Call laws. Also caller id spoofing is not illegal.

    Grom he actual bill that was passed:

    IN GENERAL - It shall be unlawful for any person within the United States, in connection with any telecommunications service or IP-enabled voice service, to cause any caller identification service to knowingly transmit misleading or inaccurate caller identification information with the intent to defraud, cause harm, or wrongfully obtain anything of value, unless such transmission is exempted pursuant to paragraph (3)(B).

    Unless the Obama camp was attempting to defraud, cause harm, or wrongfully obtain anything of value from you it is perfectly legal for them or any other organization to spoof their caller id.

    --
    I think the invisible hand of the market has its middle finger extended

    --A wise old fart named SC0RN
  16. How did they track the telemarketers down? by forrie · · Score: 2, Interesting

    We've been seeing this problem in the Lowell, MA area, from time-to-time. I've also seen how some legitimate phone calls (from companies) are using CallerID spoofing - I still think that should be illegal.

    I'm wondering:

    1) How did they track down the telemarketers who were spoofing. Obviously they left or gave information about their identity and product.

    2) How are these companies being permitted to spoof their Caller-ID? I read an article in alt.2600 a while ago about some of this, but the details escape me.

    I even had a marketing front for The American Cancer Society (and others) calling, looking for "volunteers" - and when I complained to them, they said that seeking volunteers was not covered under the Do Not Call rules. Very sneaky and clever, eh?

    1. Re:How did they track the telemarketers down? by Tuoqui · · Score: 2, Insightful

      Actually it is even easier if you have a T1 line... The thing is built into the T1 gear which is what most of these telemarketers have unfortunately.

      Spam and Telemarketing ARE profitable which is why people do it. As they say there's a sucker born every minute. Also the odds are high that this is a 'separate company' spun off by someone to do telemarketing and thus avoiding the actual judgments on their legitimate businesses.

      --
      09F911029D74E35BD84156C5635688C0
      +2 Troll is Slashdot's way of saying groupthink is confused
  17. Re:Absolutely right. Its just one more form of spa by lala · · Score: 5, Funny

    Only if you by 'a dash' mean alot and by 'paprika' you mean tequila

  18. Re:what about those 000-000-0000 nums? by kellyb9 · · Score: 2, Funny

    Just tell them, you'll vote for them if they never call you again. That might work.

  19. Re:The masses rise up against browser oppression! by dotancohen · · Score: 2, Interesting

    The site obviously has an agenda (which I wholeheartedly support) and that is to encourage people to stop using Internet Exploder. I use Opera and it didn't complain, then switched my user-agent string to Mozilla (menu option) and it still didn't complain. The I switched it to IE6 and it complained. Then I switched it to IE7 and it complained. Every site should do this (a quick google turned up only 3 sites). Maybe this could start a movement! I sniff the UA with a bit of PHP:

    if ( substr_count($_SERVER["HTTP_USER_AGENT"], "MSIE") ) {
    / / IE code here
    } Note, this is the first time that I've been grateful for the forced preview. The comment did not show with the slashes next to each other, and backslashing the comment did not help either. Interesting parser has /., that strips comments in comments.
    --
    It is dangerous to be right when the government is wrong.
  20. Re:What the fuck? by Anonymous Coward · · Score: 2, Insightful

    Because then it's contempt of court which can be punished very quickly.

  21. Just hang up? by northstarlarry · · Score: 4, Insightful
    Sure, it's a hoot the first time or two around, but the thing that we hate about telemarketers is the distraction and waste of time that they represent, isn't it? When you start running through these scripts, dragging out the call instead of just hanging up, isn't that even more of a waste of your own time, taking you away from whatever interesting thing it was that you were doing?

    It seems to me that a simple hang-up is just as (not very) effective at stopping telemarketing as a phenomenon, and takes about 1/100th the time.

    I try to be considerate to other persons: let them merge in traffic, hold the door open, not stand in front of the shelf they want to look at, and so forth, but I'm not really inclined to martyr my own time so that someone somewhere won't get a call. That person can do the same as I: just hang up.

    1. Re:Just hang up? by Anonymous Coward · · Score: 2, Funny

      dragging out the call instead of just hanging up, isn't that even more of a waste of your own time But that's a choice we all get to make based on what we may or may not find amusing at any given moment. The telemarketer (and the company who pays them), on the other hand, doesn't have the luxury of deciding when timewasting is funny. Timewasting always costs them money, 100% of the time. It's never funny for them, which makes it even more funny for us.

      Who's to say that spending five minutes leading a telemarketer on a merry chase isn't just as valid a use of time as ... oh say reading slashdot for those same five minutes?