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FTC Bans Prerecorded Telemarketing Drivel

coondoggie writes "In the ongoing battle to let us eat dinner in peace without being interrupted by amazingly annoying telemarketer blather, and in this case the even more infuriating recorded telemarketing drivel, the Federal Trade Commission today basically outlawed recorded telemarketing calls. Specifically, the FTC changed its venerable Telemarketing Sales Rule (TSR) to prohibit, as of Sept. 2009, telemarketing calls that deliver prerecorded messages, unless a consumer has agreed to accept such calls from a given caller/seller. Between now and 2009, telemarketers must provide an obvious, easy and quick way for consumers to opt-out of any call, the FTC said. Such an opt-out mechanism needs to be in place by December 1, 2008."

26 of 381 comments (clear)

  1. Useless by Joebert · · Score: 4, Insightful

    unless a consumer has agreed to accept such calls from a given caller/seller.

    Quit leaving that fucking hole in these things !

    Nobody ever willingly agrees to that shit, they're tricked into agreeing every single time.

    Nobody wants to fucking hear it, quit making laws that don't do anything other than calm people down for 5 minutes, you fucking assholes !

    God damnit, this shit is more irritating than the fucking telemarketers !

    --
    Wanna fight ? Bend over, stick your head up your ass, and fight for air.
    1. Re:Useless by Renraku · · Score: 4, Insightful

      Even if the clause weren't in the FTC demand, it would still happen that way. Much like how in order to have ANY KIND OF CONTRACT with a company, as a consumer, you agree never ever to sue or hold them liable. Of course those things never stand up in court, but they sufficiently intimidate people enough.

      --
      Job? I don't have time to get a job! Who will sit around and bitch about being broke and unemployed then?
    2. Re:Useless by Anonymous Coward · · Score: 1, Insightful

      When I pre-order a video game, I get a pre-recorded call the day before it comes out to remind me to pick it up. Should this be illegal?

    3. Re:Useless by mysidia · · Score: 2, Insightful

      The more troubling matter, is the government keeps inexplicably exempting itself and political calls from the rules.

      Calls for 'political surveys' and mass calls from a candidate are among the most annoying and most frequent telemarketing calls.

      [...] Of course those things never stand up in court, but they sufficiently intimidate people enough.

      The law should be such that the waiver is invalid, that it be illegal to put such a waiver and a criminal offense (fraud) for companies to put a clause like that in any contract, and their lawyers who drafted the illegal contract be held criminally liable as well as the company and its executives.

    4. Re:Useless by Mr+Z · · Score: 2, Insightful

      I like to get DEVO and Gary Numan to talk to each other. Specifically, Jocko Homo vs. Conversation.

      • Gary Numan: "We are not gods"
      • DEVO: "Are we not men?"
      • Gary Numan: "We are not men"
      • DEVO: "We are DEVO!"
      • Gary Numan: "We are not making claims."
      • DEVO: "We're pinheads now. We are not whole."
      • Gary Numan: "We are only boys."
      • DEVO: "We're pinheads all! Jocko Homo."
      • Gary Numan: "You are not strong. You are not force."
      • DEVO: "Are we not men?"
      • Gary Numan: "You are not regular."
      • DEVO: "D - E - V - O!"
      • Gary Numan: "You are just wrong."

      See?

  2. Exemptions? by XanC · · Score: 3, Insightful

    Usually when government bans things like this, it exempts itself from the ban. For example, does this at all affect prerecorded political calls?

    1. Re:Exemptions? by CYwo1f · · Score: 2, Insightful

      It likely does. It takes effect right AFTER the election after all.

    2. Re:Exemptions? by icebike · · Score: 5, Insightful

      A law restricting political calls is almost guaranteed to be thrown out by the Supreme Court on the first challenge.

      The right to speech does not imply the obligation to listen. As long as I still pay the phone bill, its my phone, and nothing in the constitution says I must share it.

      --
      Sig Battery depleted. Reverting to safe mode.
    3. Re:Exemptions? by EdIII · · Score: 3, Insightful

      EXACTLY!!

      They are not banning commercial, political, or unpopular speech in any way whatsoever. What they are acknowledging is that we all have a right to restrict who can invade our privacy, or interrupt our peaceful enjoyment of our property. There is a big difference between stopped in the middle of the street by someone asking you what you believe in or if you want a widget and a salesman sticking his foot in your door.

      The telemarketing laws, and any resultant laws restricting political, charitable, or even religious telephone calls, would amount to nothing more than a "NO SOLICITORS" sign on your telephone instead of your front door.

      This is incredibly important since there are so many ways a person can be communicated to these days. Instant messaging, SMS, MMS, VOIP, Email, etc. If we don't allow somebody the ability to restrict unsolicited communications on these channels, then they will become useless with an astronomically low signal to noise ratio. Before the telemarketing laws got enacted corporations were getting busy signals trying to contact people!

      The basic principles and goals behind telemarketing and SPAM are the same. What is needed are new laws which encompass ALL of these channels at the same time and define what is unsolicited.

      Political and Charitable marketing communications are by their very nature unsolicited.

    4. Re:Exemptions? by Anonymous Coward · · Score: 2, Insightful

      Political speech needs to always be protected; it's a fundamental aspect of democracy.

      In the public, yes, in the confines of my home, NO. An undesired phone call is an intrusion into my home. One as others have pointed out here is a form of trespass. Repetitive calling beyond being informed not to is harassmenet. When a politician or their representative calls my home they are told "thankyou for letting me know who is far too rude and anti-social to vote for, now please remove me from your calling list because I will never vote for anyone who does not respect my rights within my home." So called charities get a similar statement.

      Like other spam, as long as it is profitable to the spammer they will continue, till enough people stand up and make it clear to policticians that this is unacceptable they won't stop and they won't have the decency to ban telemarketing altogether nor make it an opt in process. We the people need to take our government back.

  3. Re:From my own experience. by Anonymous Coward · · Score: 2, Insightful

    Hey fuck you.

    You want to earn the easy money sitting on your ass... You get to listen to me rant at you for calling me about STUPID SHIT that i don't want or care about.

    I dont give a damm if they are students. If they are working there i fucking hate them and hope they die a horrible violent death.

  4. Re:From my own experience. by michaelhood · · Score: 5, Insightful

    Perhaps I'm just insensitive but when people make a voluntary decision to work somewhere that is propagating that sort of low-grade evil, I feel they take the good (higher pay) with the bad (people who you broke the law to disturb late at night yelling at you.)

    It seems a bit foolish or arrogant to me, to think you deserve anything less than being held responsible for what you're doing.

    I don't think the "I was just doing my job, and it was the only place that paid well" thing holds any credence.

  5. Re:From my own experience. by Skippy_kangaroo · · Score: 5, Insightful

    Lastly, as much as these people irritate you, try your best not to lose your temper with them. Most of them are probably students like I was with terrible managers (the cream of the crap) and strict floor regulations that leave them tethered to their computer, sitting upright, unable to drink coffee or indulge in anything, taking calls for their entire eight hour shift with no breaks, having to sit idley while the death threats poured through the lines, having a one-minute-per-day bathroom break policy and doing it all for a paycheque a meaningless few dollars higher than a McD's salaryman.

    If I can, by my actions, make it harder for the bottom-feeding telemarketing companies to operate I will do so. This includes making it so that even starving students are unwilling to work for these companies. By taking a job with these bottom-feeders you are part of the problem. Don't want the aggro? Don't take the job.

  6. Re:From my own experience. by Anonymous Coward · · Score: 1, Insightful

    try your best not to lose your temper with them. Most of them are probably students like I was with terrible managers [...] floor regulations that leave them tethered to their computer [...] taking calls for their entire eight hour shift with no breaks [...] having a one-minute-per-day bathroom break policy and doing it all for a paycheque a meaningless few dollars higher than a McD's salaryman.

    Then why did you do it? Was subjecting yourself to this torture of a routine, while also knowing that you're subjecting the people on the other end of the line to something they don't want, really worth a couple extra bucks an hour?

    Even as a poor student, money isn't everything. Wouldn't you have felt more refreshed, better able to cope with school and exams and all that, if you were working a lower-pressure job with a more pleasant atmosphere, even if it is serving up burgers at McD's? Or if you really do value the almighty buck so much at the expense of personal dignity, I hear that prostitution pays much better rates. Perhaps it could something to look into.

  7. Opting out by SmlFreshwaterBuffalo · · Score: 2, Insightful

    an obvious, easy and quick way for consumers to opt-out of any call

    You mean like, say, hanging up? There's really not much point unless you can opt-out before the call. Maybe they should create some kind of list of people that companies do not call - like the one they have now, but actually have it work this time.

  8. Re:From my own experience. by Guido+del+Confuso · · Score: 5, Insightful

    That's just crap. Move if it's so bad where you live.

    You sound just like people who justify joining gangs and committing crimes instead of finding honest work because there are just no other opportunities for them--the system is corrupt/racist/biased against them, so the only thing they can do is steal from honest people who have actually made something of themselves. There are always other options, but you were just too lazy or complacent to take them. You chose a scummy job, you have to live with that fact. Asking for sympathy because you didn't have enough self respect to better yourself and find a job that didn't involve making yourself part of the one of the most universally loathed classes on Earth is almost as contemptible as taking the job in the first place.

    Any abuse a telemarketer gets is deserved in spades.

  9. Re:From my own experience. by Loki_1929 · · Score: 3, Insightful

    "If call centres disobey all the previous rules and obligations, what makes you think they're going to adhere to this one? Especially call centres in India where these laws have little jurisdiction?"

    Because the new rule says that if you call after 9pm, a B-2 Spirit will drop napalm on your call centre.

    (Boy, wouldn't that be satisfying...)

    --
    -- "Government is the great fiction through which everybody endeavors to live at the expense of everybody else."
  10. Re:A good start. by Anonymous Coward · · Score: 3, Insightful

    If you don't speak english and thus unable to follow the instructions to call,

    With all due respect, if you ("you" in general, not the parent poster) can't speak English then what the fuck are you doing living in an English speaking country? I live in New Zealand and we get these stories all the time how there are special translation services being offered and suggested for those who are "English impaired". WTF? How are these people even allowed to immigrate here?

    If I go live in China, I'm sure as hell they'd expect me to speak Chinese. Stupid socialist governments.

  11. Re:easy by OneSmartFellow · · Score: 2, Insightful

    Except that you have to interrupt your current activity, and answer the phone in order to be able to hang up.

    I'm pretty sure that's what most people are complaining about.

  12. Why not make the telcos fix it? by zmollusc · · Score: 1, Insightful

    Mandate that the telcos charge an additional few cents per call, which go to the number you are dialling. This will drastically raise the costs of the marketers, make the victims feel better about their answerphone full of crud, and even out between normal people calling each other.

    --
    They whose government reduces their essential liberties for temporary security, receive neither liberty nor security.
  13. Re:Useless (poor lawmaking enables telespam) by mpe · · Score: 2, Insightful

    I turned on a new land line to get DSL less than two weeks ago. I do not even *know* the number. The next day I started getting telespam, mostly recordings. I get a couple every day. The worst part is that all but one of them had no idea who they were calling.

    If you only wanted the line for DSL why did you bother connecting a regular phone to it?

  14. Your law advocates a legislative approach... by Karellen · · Score: 3, Insightful

    It's amazing how versatile this document is.

    Your law advocates a

    ( ) technical (x) legislative ( ) market-based ( ) vigilante

    approach to fighting telemarketing spam. Your idea will not work. Here is why it won't work. (One or more of the following may apply to your particular idea, and it may have other flaws which used to vary from state to state before a bad federal law was passed.)

    ( ) Spammers can easily use it to harvest email addresses
    ( ) Mailing lists and other legitimate email uses would be affected
    ( ) No one will be able to find the guy or collect the money
    ( ) It is defenseless against brute force attacks
    ( ) It will stop spam for two weeks and then we'll be stuck with it
    ( ) Users of email will not put up with it
    ( ) Microsoft will not put up with it
    ( ) The police will not put up with it
    (x) Requires too much cooperation from spammers
    ( ) Requires immediate total cooperation from everybody at once
    ( ) Many email users cannot afford to lose business or alienate potential employers
    ( ) Spammers don't care about invalid addresses in their lists
    ( ) Anyone could anonymously destroy anyone else's career or business

    Specifically, your plan fails to account for

    ( ) Laws expressly prohibiting it
    ( ) Lack of centrally controlling authority for email
    ( ) Open relays in foreign countries
    ( ) Ease of searching tiny alphanumeric address space of all email addresses
    (x) Asshats
    ( ) Jurisdictional problems
    ( ) Unpopularity of weird new taxes
    ( ) Public reluctance to accept weird new forms of money
    ( ) Huge existing software investment in SMTP
    ( ) Susceptibility of protocols other than SMTP to attack
    ( ) Willingness of users to install OS patches received by email
    ( ) Armies of worm riddled broadband-connected Windows boxes
    ( ) Eternal arms race involved in all filtering approaches
    ( ) Extreme profitability of spam
    ( ) Joe jobs and/or identity theft
    ( ) Technically illiterate politicians
    ( ) Extreme stupidity on the part of people who do business with spammers
    (x) Dishonesty on the part of spammers themselves
    ( ) Bandwidth costs that are unaffected by client filtering
    ( ) Outlook

    and the following philosophical objections may also apply:

    ( ) Ideas similar to yours are easy to come up with, yet none have ever been shown practical
    (x) Any scheme based on opt-out is unacceptable
    ( ) SMTP headers should not be the subject of legislation
    ( ) Blacklists suck
    ( ) Whitelists suck
    ( ) We should be able to talk about Viagra without being censored
    ( ) Countermeasures should not involve wire fraud or credit card fraud
    ( ) Countermeasures should not involve sabotage of public networks
    ( ) Countermeasures must work if phased in gradually
    ( ) Sending email should be free
    ( ) Why should we have to trust you and your servers?
    ( ) Incompatiblity with open source or open source licenses
    ( ) Feel-good measures do nothing to solve the problem
    ( ) Temporary/one-time email addresses are cumbersome
    ( ) I don't want the government reading my email
    (x) Killing them that way is not slow and painful enough

    Furthermore, this is what I think about you:

    (x) Sorry dude, but I don't think it would work.
    ( ) This is a stupid idea, and you're a stupid person for suggesting it.
    ( ) Nice try, assh0le! I'm going to find out where you live and burn your house down!

    --
    Why doesn't the gene pool have a life guard?
  15. Re:A good start. by Technician · · Score: 5, Insightful

    Believe it or not, this works every time under the FDCPA. The reason why is that 99.9% of the people complain on the phone where the debt collection agency is not liable. Hardly anyone ever writes a letter.

    Not everyone believes that it should be a requirement to write anyone a letter who calls to ask them to stop. With some phone numbers, it's less hastle and easer to simply get another number and drop the number that is on the bad boys list. One call fixes it instead of a letter writing campaign.

    This phone abuse is one of the reasons phones & phone numbers are becomming disposable. They get clogged and die like an old email account.

    The pitty is the numbers get recycled quickly to some poor unsuspecting new customer who then has to deal with the trash associated with the old phone number.

    --
    The truth shall set you free!
  16. Re:A good start. by Tesen · · Score: 3, Insightful

    This is my entire problem with debt collections, there is basically no regulation and when you demand proof of a debt, if they drop the matter they are not required as far as I know to send you proof! What will often happened, is that company will transfer the "debt" over to another company (usually owned by the same people and usually to the guy in the cubicle next to the one that called you). So legally, now we have a different company with this "debt" to collect, they will hold it and then try to collect again from you, hoping you have forgotten about the first call months or even years later.

    I was changing jobs last year, so ended up picking up cobra for 6 months to cover the upcoming birth of my son. Carriers changed multiple times during that time (my old company sucked some royal donkey balls) lots of junk in the mail blahblah. Took five months, two appeals letters but everything is sorted (I hate medical insurance, all this because you get different information on requirements and what you owe, depending on what time of day you call, if you are standing on one leg and need to fart!). Now, if I am silly enough to listen to the dribble from the debt collectors (yes some bills got past due, due to the confusion) I demand they send written proof that I still owe them money, my wife and I have found that some will try to "collect a debt" even after you've paid, because if they can get "free" money from you, then they will. It is sad, sad, borderline criminal little industry.

    Tes

  17. Re:prerecorded by Z00L00K · · Score: 2, Insightful

    Actually - as soon as it is in print it is prerecorded, the interface playing the recording is not of much interest then. If it's a human reading from a list or a machine doesn't matter much.

    If we can make this stick in court it can be interesting.

    --
    If builders built buildings the way programmers wrote programs, then the first woodpecker would destroy civilization.
  18. Re:From my own experience. by Hyppy · · Score: 2, Insightful

    I'll call you on this...

    Any abuse a telemarketer gets is deserved in spades.

    Let me fix that for you...

    Any abuse a human gets is deserved in spades.

    To which I say, WTF?

    No, you didn't qualify that in a specific enough manner. How about:

    Any abuse a human who is disturbing you and your family repeatedly while acting in violation of numerous laws and/or regulations gets is deserved in spades.