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Congress May Permit Robot Calls To Cell Phones

TCPALaw writes "While many hoaxes have circulated in the past about cell phone numbers being opened up to telemarketers, it now may actually happen. A bill, HR 3035 (PDF), has been introduced in Congress, that would create numerous exceptions to the Telephone Consumer Protection Act, which banned autodialed and prerecorded robot calls to cell phone numbers. If passed, HR 3035 would permit a wide range of autodialed and prerecorded calls to cell phones that are currently prohibited, and would preempt practically all state laws providing similar protections. This is being applauded by debt collectors and banks (PDF) ... as if the bailouts weren't enough, now they get to make you pay for their calls to you."

72 of 619 comments (clear)

  1. Simple. by networkBoy · · Score: 2

    I will send them a bill if they get through, and only pre-approved (i.e. in my phonebook) calls will ring my phone.
    I ignore voicemail from everyone.

    --
    whois gawk date unzip strip find touch finger mount join nice man top fsck grep eject more yes exit umount sleep dump
    1. Re:Simple. by kheldan · · Score: 5, Insightful

      I'm not quite that paranoid, but I don't answer my phone for numbers I don't recognize, and robocalls usually don't leave voicemail, so if I see an unrecognized number and there's no voicemail, I don't bother over who (or what) it was.

      Am I the only person here thinking that at least part of the reason behind this is so that the GOP and/or the DNC can legally get away with robocalling voters?

      --
      Are YOU using the TOOL, or is the TOOL using YOU? Think about it!
    2. Re:Simple. by trunicated · · Score: 3

      Am I the only person here thinking that at least part of the reason behind this is so that the GOP and/or the DNC can legally get away with robocalling voters?

      No, you are not. In fact, I think that's the biggest reason behind this bill. The new generation doesn't have land lines, so in order to annoy the piss out of potential votes, they need to be able to call cell phones.

      --
      There's a reason there is no "Disagree" mod...
    3. Re:Simple. by networkBoy · · Score: 4, Funny

      Of course they won't pay the bill. But, I will send it, write it off as noncollectable, then file a 1099 with the IRS of forgiven debt. (nothing better than being pedantic with the IRS). I assume one of these days it'll get me audited, but until then I will continue to have fun (much like the guy who is suing spammers for violations of the CAN-SPAM act).
      -nB

      --
      whois gawk date unzip strip find touch finger mount join nice man top fsck grep eject more yes exit umount sleep dump
    4. Re:Simple. by gfxguy · · Score: 3, Insightful

      Am I the only person here thinking that at least part of the reason behind this is so that the GOP and/or the DNC can legally get away with robocalling voters?

      You're one of the few people who won't make it a partisan issue.

      I don't answer numbers I don't know - since most of us don't get unlimited calling, I think any cold-calling absolutely sucks and ought to be banned, or callers ought to be made to pay credit to your phone account (whether it's mobile or not). I don't know if it's still this way, but in Brazil the caller paid cellphone charges for calling a mobile number. Suddenly that seems like a great idea.

      --
      Stupid sexy Flanders.
    5. Re:Simple. by dkleinsc · · Score: 2

      Am I the only person here thinking that at least part of the reason behind this is so that the GOP and/or the DNC can legally get away with robocalling voters?

      I'd expect that's only an added bonus. Really, they're probably thinking much more along the lines of "Direct marketing industry wants this, telecom wants this, banking and finance want this, no industry opposes it, easy yes, win $50,000 in 'campaign contributions'."

      --
      I am officially gone from /. Long live http://www.soylentnews.com/
    6. Re:Simple. by kmankmankman2001 · · Score: 4, Insightful

      Am I the only person here thinking that at least part of the reason behind this is so that the GOP and/or the DNC can legally get away with robocalling voters?

      Perhaps - as many of us are aware that existing law already exempts political calls anyway. The proposed bill wouldn't grant them any more access than they already have. There are MANY reasons to oppose this bill and I suggest that people should contact their congressman/woman to voice their concerns - but not for the reason you raise here.

      --
      "The bigger the lie, the more they believe." - Det. Bunk
    7. Re:Simple. by fotoflojoe · · Score: 2

      By "corrupt goons", you mean every politician that ever existed, right?

    8. Re:Simple. by Jstlook · · Score: 2

      I think I'll have to do one of the following whenever I get a robocall:

      a) Get the email addresses of each GOP to email my disapproval
      b) More effective (if costly) solution - have a thousand "You have lost my vote due to your robocall system" postcards printed, and mail one out each time.

      Sure, sounds overwhelming, but how else am I going to voice my disapproval? I somehow highly doubt that the voters they represent are dying to be robocalled.

      --
      ---jstlook ---For that is the way of Elves, for they say both yes AND no, and mean every word of it. --- J.R.R.T.
    9. Re:Simple. by Technician · · Score: 5, Interesting

      I had a collection agency robocall my landline for about 3 months calling at all hours about 3 times a day. It left a message to call an 800 number and ask for Bob. I ignored it as a sales call. If I picked up the phone, there was NEVER a person on the line. It was a robo call to deliver a message.

      A Google search showed the 800 number was a collection agency. Bob was fictitious to cue the agency it was a delinquent caller. This collection agency was hammering an old number that became my new landline.

      I figured they pay the bill for calls to 800 numbers so I recorded a message and started calling the 800 number with the message "Your autodialer is running amook on my landline. Please call me to let me know when you have this fixed. Ask for Bob" When I got a call, I called back late at night (I work nights) and left them the message. I finally got a real person to call. A short exchange let them know the number was a new phone. I also gave them a real hard time as there was no way for anyone to stop the robo calls if they did not speak English.

      If it happens again, I have a Russian co worker I'll have call them and only speak Russian except for "Ask for Bob"

      Robo dialing is one thing. Robo calls with nobody on the line should be 100% outlawed, even for collections.

      --
      The truth shall set you free!
    10. Re:Simple. by ZorinLynx · · Score: 5, Informative

      Those collection agency calls where they call you and tell you to call a number and ask for $NAME are a scam. In my case, they'd call wanting to talk about a "check I had written". They were robocalling me for months, probably close to a year before I finally disconnected that land line (for other unrelated reasons, though it was nice to be free of those calls finally)

      Turns out this was a fraudster company that would bully people into thinking they had an unpaid debt and to pay the "debt" off. Once you started talking to them they'd even threaten you with legal action if you didn't pay; legal action that would never come, of course, since the whole thing was fraudulent.

      I'm not sure if it's still going on. Remember, real debt collectors call you directly (no robocalls), address you by name and can specify precisely what you owe and to whom.

    11. Re:Simple. by Nadaka · · Score: 3, Insightful

      The DNC wants to raise taxes to pay the price for continued society. It is the RNC who refuse to pay for the government they enact and it has been for 30 years.

      Given two choices, Tax and Spend or Debt and Spend, guess which one is more sustainable? The alternative Pillage and Run promoted by the tea party is not a viable alternative.

    12. Re:Simple. by Zancarius · · Score: 3, Insightful

      But they always exempted themselves anyways. I get cold calls all the fucking time from robocallers and phone pools for the local Republican turds trying to get reelected. It's one small reason among many that I won't vote for those corrupt goons.

      The Democratic congress critters have been doing the same thing. Prior to the 2010 elections, one of our House reps (also a Dem at that time) had automated messages hitting me every evening.

      I suspect it's not "Republican turds," but rather the consequence of political turds. Lots of reps do it--it's just that we complain less when it's someone with whom we agree.

      --
      He who has no .plan has small finger. ~ Confucius on UNIX
    13. Re:Simple. by cayenne8 · · Score: 2
      Seriously?

      Do you actually, truly believe that???

      From what I can tell...they mostly want to get back to following the US Constitution more closely.

      Basically that means...smaller Federal Govt. More power to the states....

      I don't think it views the rich or the poor as that they aren't really addressed in the US constitution. The govt is supposed to be there basically, to allow you the freedom and tools to make a success for yourself.

      It isn't formed to give you a way of life, to care for you, etc. If more than that is wanted, then, there is a mechanism to do that...amend the constitution.

      Ok, I added a bit of myself in there...I'm not a huge fan of "social progress" if that means wealth re-distribution.

      But really, I don't see the Tea Party folks, when I've listened to them, stand for anything you've mentioned.

      I've heard other people on tv try to tell what they want...whacko's like Keith Oblerman...who seem to spew stuff like that, but even as entertaining as he is, I didn't think people out there really took him seriously??

      --
      Light travels faster than sound. This is why some people appear bright until you hear them speak.........
    14. Re:Simple. by Nadaka · · Score: 3, Insightful

      The cost of waging war is is far less than our deficit spending. The entire cost of our military including the wars, all research, development and readiness is about half of our deficit spending.

      Bringing the troops home is not enough. Taxes have to be raised, period. There is no alternative that doesn't leave America a shattered shallow mockery of a failed state.

    15. Re:Simple. by Nadaka · · Score: 2

      Note the phrase: "doesn't leave America a shattered shallow mockery of a failed state."

      There is NO way to cut enough fat to balance the federal budget without causing serious harm to this country if we do not also raise taxes. There are plenty of places to trim and shrink the government, but that alone will not solve the problem.

    16. Re:Simple. by MechaStreisand · · Score: 2

      Because his party can do no wrong?

      --
      Disclaimer: IANAL. This post is, however, legal advice, and creates an attorney-client relationship.
  2. Lobbyists by tmosley · · Score: 5, Informative

    Isn't it amazing what a few thousand dollars in campaign contributions will do?

    1. Re:Lobbyists by gearloos · · Score: 5, Funny

      Umm.. no. This was definitely a job for kneepads.

      --
      "Computers are a lot like Air Conditioners" "They both work great until you start opening Windows"
    2. Re:Lobbyists by Anonymous Coward · · Score: 5, Interesting

      Isn't it amazing that everyone knows that our government is for sale, but nobody wants to do anything about it?

      Campaign finance reform is a joke, since it has to be passed by the people who benefit from its absence.

      Open source governance is a lot harder to make happen, but considering that there are ZERO other options, what exactly do we have to lose? Our plutocracy? Our enslavement to the rich and powerful?

    3. Re:Lobbyists by elrous0 · · Score: 2

      Isn't it amazing that everyone knows that our government is for sale, but nobody wants to do anything about it?

      The rest of us don't "do anything about it" because we've long ago realized that nothing short of a revolution will change anything (since the people who would have to vote for this are the very people who benefit the most from the old system). And since the American people are way to fat and lazy to pick up rifles like the Libyans, we've decided it's not worth bothering. Besides, even if we did have a revolution, how would you get anyone to agree on a government afterwards? You would just end up with a bunch of new factions fighting each other. Eventually, you would end up with a government that was just as corrupt (or even worse) than the old one.

      --
      SJW: Someone who has run out of real oppression, and has to fake it.
    4. Re:Lobbyists by s73v3r · · Score: 2

      Campaign finance reform is a joke, since it has to be passed by the people who benefit from its absence.

      You'd think all those Tea Party types would have been all over this. Guess they don't care either.

    5. Re:Lobbyists by hedwards · · Score: 2

      That's sort of the point, people complain about how they're being treated by corporations, and come next election the GOP has no trouble getting votes.

      The Democrats aren't saints, but at this point they're the only party that ever seems interested in stepping in to help the voters out against corporate interests.

    6. Re:Lobbyists by tmosley · · Score: 2

      It doesn't work like that. Your money buys you face time. Face time allows you to convince poorly educated idiots with poly sci or law degrees of practically anything. Just "getting money from everyone" isn't enough. They have to MEET with everyone, and everyone has to know what is in their rational self interest, and be able to articulate it as such. It is easy to use face time to argue for a certain regulation to be passed, or a certain exception to be made, but rare indeed is the lobbyist able to get the politician to completely change their fundamental view on the role of government. You can't get them to "not govern". Despite the rhetoric, both parties are like this (though neither is like that when they are in the minority--they always talk up the libertarian side of their philosophy then, with Dems, its civil rights, no to war, no to torture, etc, while with Reps, its taxes, states rights, fundamental freedoms, etc).

      No, unfortunately we have reached that sad point in Democracy where the electorate has realized that it can simply vote to apportion the property of 49% (or even 99%, in the case of the banker bailouts) of the population to itself. Either we purge these politicians AND the bureaucrats they have built up, or the whole system will come crashing down one day. "No one could have predicted it would happen." Yeah right.

  3. Pay to call, not to recieve. by Hatta · · Score: 5, Insightful

    This is why cell phones should be pay to call. Not pay to receive. You have no control over who calls you, therefore it makes no sense to agree to pay for incoming calls. Any plan without free incoming calls is a non-starter for me.

    --
    Give me Classic Slashdot or give me death!
    1. Re:Pay to call, not to recieve. by CapuchinSeven · · Score: 2

      Is this just a US thing? The last time I had to pay to receive a call on my mobile was like... 1997 or something... I doubt you'd even find a plan like that over here anymore.

    2. Re:Pay to call, not to recieve. by heypete · · Score: 2

      Yes.

      The way the North American Numbering Plan is structured (which is shared between the US, Canada, and a few other countries), there's not really any way to have a separate prefix for mobile phones. Mobiles and landlines are mixed in the same area codes Thus, calling (000) 555-0111 might go to a landline, while (000) 555-0112 might go to a mobile.

      Since the caller has no idea whether or not the recipient is on a mobile with this numbering plan, it wasn't possible to introduce the European-style billing model.

      That said, as an American living in Europe, I admit to having a bit of a preference for the US model: it seems that the European mobile companies (or at least those I've used in Switzerland and Germany) charge significant rates for a mobile user to call a number on other domestic mobile carriers (on the order of $0.40 USD per minute in Switzerland depending on carrier, a bit less in Germany), and lower-but-still-steep rates (about $0.20-$0.30 USD per minute) to call landlines. Landline-to-mobile calls are about $0.35/minute.

      All-inclusive unlimited mobile subscriptions on the various Swiss carriers are about $150-$180/month, depending on carrier. The same in the US is about $50-$70 the last time I checked.

      With several US carriers, in-network calls (that is, calls to other mobile users on the same carrier) are unlimited and without charge, while one at least one carrier (Sprint), calls to all mobiles, regardless of network, are unlimited. I haven't found anything like that in Switzerland -- the closest I've gotten is CHF 0.05/min (about $0.06 USD) for in-network calls on a MVNO.

      Yes, it may be somewhat unfair for a US mobile user to have to pay to receive calls, but I've found the overall cost for mobile service in the US to be much less expensive than in Europe. That said, my experience has primarily been with Swiss mobile phone service, and it's my understanding that the cost in Switzerland is a bit more than in other European countries.

    3. Re:Pay to call, not to recieve. by magarity · · Score: 3, Interesting

      If it's any consolation, cell phones work the same way in China; call recipient is docked minutes as well as the caller.

    4. Re:Pay to call, not to recieve. by b0bby · · Score: 2

      On the flip side, you don't have to pay extra to call a cell phone number in the US, unlike in Europe. I think that's why texting took off sooner in Europe; if you wanted to get in touch, you'd have to pay a lot more to call someone than to text them. In the US you could just pick up the phone & call them, usually for free if it was a landline. You'll notice long distance providers quote calls to the EU differently for landlines & mobiles; the US is all the same rate.

    5. Re:Pay to call, not to recieve. by Hatta · · Score: 5, Insightful

      Yes it costs the same in physical resources. But it doesn't necessarily benefit both parties. The caller is the one who wants to initiate contact, so he should pay. The recipient may want the call, they may not want the call, or they may not care at all. But we know for certain the caller wants the call to go through. Since every phonecall has a caller and a recipient, every phonecall gets paid for by someone who wants that phone call.

      To put this another way, if I take a shit on your lawn, it takes the same resources to clean it up whether I pay for it, or you pay for it. Is it fair for me to ask you to pay half those costs?

      --
      Give me Classic Slashdot or give me death!
    6. Re:Pay to call, not to recieve. by Golden_Rider · · Score: 2

      Yes, Switzerland must be a bit more expensive then than e.g. Germany. My iphone contract costs about 40 euros a month, and I had the choice of either free calls to land lines or free calls to other mobile phones of the same provider (t-mobile), plus it has unlimited SMS and unlimited data transfer (well, with a transfer rate reduction after 200MB, but still, you can keep surfing forever without any extra cost).

      I really prefer the european model of "caller pays". I would not want any contract where I do not have any control over when I have to pay. And of course it deters people from sending me advertising SMS and calling me to try and sell something to me when they have to pay for it.

      There are even cheaper contracts with free calls to land lines/same provider if you don't need an iphone, and a "free calls anywhere" contract costs about 70-80 euros.

  4. You have to pay? by RogerWilco · · Score: 2

    You have to pay to be called? Someone can rack up your phone bill by repeatedly calling you? That doesn't sound right.

    --
    RogerWilco the Adventurous Janitor
    1. Re:You have to pay? by v1 · · Score: 2

      Not every calling plan has free incoming minutes.

      And I remember, "back in the day" (1992 or so) when incoming time counted on my cell phone where I had 20 minutes a month, at $0.50 per additional minute over that. (that was an improvement over my starting plan, which was 10 minutes a month, $1.00 each additional !) Wrong numbers got VERY annoying very fast. Apparently a drug dealer or something was giving out my number, got call after call asking for the same person, and every single one of them hung up on me when I tried to get more information about who was giving out my number. Cell company refused to change my number without charging me for it, so me being out of contract by a few months, just changed carriers. (which got me a new number and some other free perks for switching) Funny too, they called me at my home number that afternoon to apologize and offer a free number switch, too late!

      Those laws were drafted back when cell phone incoming charges were a big deal, and at the same time they were robofaxing and eating up everyone's toner to boot. Nowadays anyone with a grain of business sense is using a usb faxmodem to pdf to their computer, and the majority of cell phone plans are free-incoming-minutes, so these laws have lost a lot of their justification. I still support them, but they just have less justification backing them now unfortunately.

      But yes it still happens. Telemarketing to cell phones has become a lot more difficult to deal with after the number portability thing went into effect - telemarketers can't just scrub area codes anymore to keep the cell phones out of their lists. And my mom's business fax, if she leaves it turned on it will print dozens of pages of ads every day so she can't leave it on. Sure it's illegal but those cutrate sellers could care less about CP laws. I should give her my old faxmodem, my OS doesn't support dialup anymore and my ISP dropped the local dialup line anyway.

      --
      I work for the Department of Redundancy Department.
    2. Re:You have to pay? by Colonel+Korn · · Score: 3, Insightful

      In many places you don't pay for incoming calls at all. The caller pays a higher rate for calling a cell phone instead. Of course that means you can't put cell phones and land line phones in the same area code prefix blocks since there has to be some way to tell which is which when making a call.

      This is true throughout Europe. Unfortunately the higher rate for calling a cell phone is often 1-2 _orders_of_magnitude_ higher if you're calling from the states on a calling card. Before Skype I used to talk to my girlfriend in Europe for 1 cent a minute if she found a landline or 20-50 cents a minute if I had to call her cell. At ~3000 minutes a month and grad student incomes it meant we had to put a lot of effort into finding reliable pay phones.

      --
      "I zero-index my hamsters" - Willtor (147206)
    3. Re:You have to pay? by ewieling · · Score: 2

      In the United States, it is free to call cell phones (subject to toll charges just like any other number). It is not free to receive calls on your cell phone (unless you have a higher priced "unlimited" plan). This is different from how the rest of the world bills for cell calls.

      --
      I really shouldn't have used someone else's email address for this account.
    4. Re:You have to pay? by subreality · · Score: 5, Insightful

      Yep. When we say the cell market is terrible in the US, we're not kidding. We also pay for incoming texts. You can nail people for $0.20 a pop by text bombing them. The major carriers use incompatible technologies, so it's a major hassle to take your business elsewhere... not that any of them offer a better deal anyway.

    5. Re:You have to pay? by garcia · · Score: 4, Informative

      Call up your carrier and have them disable SMS. If they refuse or can't do it (they can) then call them up every time you receive a SMS and tell them to remove it from your bill.

      AT&T has effectively disabled my ability to receive SMS messages (I refuse to pay for GSM SMS when it's sent with every fucking packet anyway) and they have also set me up with free SMS anyway because one phone number which keeps sending me texts was getting through anyway (they don't know why).

      Is it an inconvenience? Sure. I had to call 8x to get them to fix it properly. But do they need to learn not to charge people for SMS when it's effectively free? Yes.

    6. Re:You have to pay? by Ichijo · · Score: 3, Interesting

      Google Voice makes it easy to change carriers, and with a smartphone, incoming and outgoing text messages are fre, if you use their app. Also, they filter out junk calls.

      My only worry is, what happens if Google Voice goes away?

      --
      Any sufficiently unpopular but cohesive argument is indistinguishable from trolling.
    7. Re:You have to pay? by TheGratefulNet · · Score: 2

      I am pay-as-you-go (not for lack of money, but since I hate contracts and I bought my own phone, so I need no 'favors' from the phone co.) and each minute DOES cost me, incoming or outgoing.

      I was lucky enough to be able to disable all incoming texts (I hate the very concept, don't get me started...) but had I not set that attrib up on my account, each spam sent to me would help my balance get closer and closer to zero ;(

      best that I just opt entirely out of texts. I'm not a teenager and too old for the texting craze. you want me, email me or call me from a known phone (that is already in my phonebook).

      my voicemail message tells people not to even leave a message and to email me if they need to 'leave a message'. if they don't know my email, they essentially have no urgent need to reach me. sorry, but I'm going back to 1970's style rules, before it was assumed that every one can 'leave a message' for total strangers.

      in reality, VERY few things in life are so urgent they need your immediate attention.

      and so, cellphones are not an 'urgent' device for me anymore. you spammers want it that way, fine. doesn't really bother me; but it makes me 100% unreachable to YOU. you reap what you sow...

      --

      --
      "It is now safe to switch off your computer."
  5. Incentive -- no lobbying needed on this one. by Anonymous Coward · · Score: 2, Insightful

    Do you know who, aside from bill collectors, banks and telemarketers, wants to robo-dial your phone?

    Those same congresspeople. For polling, GOTV and of course dirty tricks.

    1. Re:Incentive -- no lobbying needed on this one. by Thud457 · · Score: 4, Insightful

      This is a public service announcement reminding all registered Democrats not to forget election day, November 3rd.

      --

      the preceding comment is my own and in no way reflects the opinion of the Joint Chiefs of Staff

    2. Re:Incentive -- no lobbying needed on this one. by yuna49 · · Score: 2

      I hate to reply to myself, but the situation is murkier still. First, Payne's name doesn't appear on the bill itself. Instead we see "Mr. TERRY (for himself and Mr. TOWNS) introduced the following bill; which
      was referred to the Committee on Energy and Commerce." Weirder still is that neither of these Members appear on the OpenSecrets list of sponsors. Maybe they're having a database problem?

      Lee Terry is a Nebraska Republican with a lot support from famed "socialist" Warren Buffet's Berkshire Hathaway. Adolphus Towns is a NY Democrat.

      One thing they have in common is hefty contributions from telcos; Qwest in Terry's case, and AT&T in Towns's.

  6. Seriously? by black+soap · · Score: 4, Interesting

    Debt collectors and banks? They shouldn't be robocalling. Those situations are where they have a pre-existing relationship with the person being called, and aren't cold-calling anybody.

    Robocalls are the telephone equivalent of spam. Why is it I can put a "No solicitors" sign on my door, but my phone must be subject to cold-calling from telemarketers, solicitations for "charities" and political groups, and any scammer who can operate a telephone? And they want to make it easier to bother lots of people at a time by allowing robocalling?

    If anything, every telemarketing call should have to be hand-dialed, etc., no computer assistance. Think of the jobs that would be created.... Do it for the economy.

    I wonder how soon the phone companies will work out a deal to let telemarketers call the phone customers, for a fee - because we know how much they care about the customers.

    1. Re:Seriously? by Grishnakh · · Score: 3, Funny

      If anything, every telemarketing call should have to be hand-dialed, etc., no computer assistance. Think of the jobs that would be created.... Do it for the economy.

      Not only that, they should have to be hand-dialed with a rotary phone.

    2. Re:Seriously? by tepples · · Score: 2

      Would you move your accounts to another bank even if you lived in an area where only one bank has branches? And if you did, how would you deposit cash and checks that you receive from other individuals?

  7. Nip it in the bud. by gatkinso · · Score: 5, Informative
    --
    I am very small, utmostly microscopic.
  8. Just forward your calls to Congress by hAckz0r · · Score: 2

    Just set up your phone to forward all unanswered calls to your Congressman's office. If you don't know who is calling its probably going to be spam anyway, and I just don't answer them anyway and just wait for a message.Though, I just wonder if forwarded calls count against your minutes? Maybe Google Voice can set this up for people without a decent smartphone?

  9. Re:Debt collectors and banks? by blueg3 · · Score: 5, Informative

    Prerecorded, I don't know. But if a debt collector calls you with an autodialer, you can take them to small claims court for $500, as it's illegal. If you can demonstrate that they willfully ignored the law, it's $1500.

  10. The current law is already too weak by Dr_Ish · · Score: 5, Interesting

    Although the idea behind the *Telephone Consumer Protection Act*, as it is currently, is reasonable, in practice, it does little good. I started to get robo-calls some time ago on my land line from 'Tax Resolution Services'. The number has been on the national do not call register for ages. J. K. Harris and Company were particularly aggressive. Although I told them to put me on their do not call list, asked for a written copy of their do not call policy and did all the right things, they did not stop. Fortunately, I documented it all. Eventually, I took them to Small Claims Court, under the right to private action provision of the *Telephone Consumer Protection Act*. I won the case, along with $1,000 damages, court costs and legal interest. That was several months ago. To date, I have not received a penny. They do not respond to e-mails, certified letters, or telephone calls. I cannot go after their assets, as they seem to rent everything and own nothing. It turns out their head of legal services is only a paralegal, not a lawyer, so I cannot even pursue her for failing to live up to the professional standards of South Carolina Bar Association. So, scumbag telemarketers already have ways of getting around the law. Making life even easier for them would thus be a very bad idea.

    1. Re:The current law is already too weak by silverglade00 · · Score: 3, Funny

      You should set up a robodialer to call them until they respond.

    2. Re:The current law is already too weak by dex22 · · Score: 2

      They must have a corporate bank account you can seize the funds from it. Always think of your judgment as a long term investment that attracts typically 12% APR depending on State, and which you can pursue for as long as you wish.

    3. Re:The current law is already too weak by Anonymous Coward · · Score: 3, Insightful

      You have to remember to keep it alive. Judgments that are not acted on for a period of time can become dormant and eventually die (thereby becoming noncollectable).

      Interestingly enough, you may be able to file with the IRS to levy against JK's tax returns

      As an aside, my favorite collections story involves my former boss, who had a client who won a huge claim against Walmart. Walmart refused to cooperate with the collection efforts and basically ignored everything. So he levied against all the property they owed in the county. He then proceeded to go to a store one day with the Sheriff's office and opened every single cash register, emptied it and, when that wasn't enough, had them open the safe and took that money too. When they showed up the next day at a different Walmart to do the same thing, Walmart, remarkably enough, had a manager waiting for them to write a check for the rest of the money and collection costs.

    4. Re:The current law is already too weak by Bob+the+Super+Hamste · · Score: 2

      Have you tried getting their accounts frozen. If you have a legal judgment against them they have a certain time to pay (usually something like 30 to 90 days) and if they don't then you can get them found in contempt of court. Once that is done it is pretty easy to have their accounts frozen. I had to threaten this with and insurance company that owed me money and didn't want to pay even thought I had a legal judgment.

      --
      Time to offend someone
  11. Oh joy. by JustAnotherIdiot · · Score: 2

    Since I don't get enough spam calls as it is. Thanks Congress.

    --
    What do I know, I'm just an idiot, right?
  12. Re:Debt collectors already call... by mark-t · · Score: 5, Informative

    I once worked for a debt collection agency when I was a lot younger, and there were some pretty rigid rules that had to be followed about calling people with regards to debt. These rules were set up by a central governing authority that determined accepted business rules and practices (I don't recall the name of the authority off hand). Among the rules that had to be followed, I remember that collectors were *NOT* allowed to call people multiple times in one day unless they had not reached anyone the first time, or if they had been advised to call back later. Also, hours of attempted telephone contact are restricted to between the hours of 7AM and 9PM local time for the person being called. Further, if the person that a collector reaches claims to be the owner of the phone number that the collector was trying to reach, and affirms that the person the collector is trying to reach cannot be reached at that phone number, then the collector *MUST NOT* call that number again to try to reach the debtor, and other methods of contact must be utilized. Finally, C&D notices, issued in writing, must be adhered to. If the collection agency does not heed these guidelines (the aforementioned ones are just a handful... there are actually about 10 or 12 or them), then the person answering the phone can report the collection company to the authorities, and the collection agency will face a very stiff fine.

  13. Google Voice by Captain_Loser · · Score: 5, Insightful

    I have found the the "beta" spam feature of google voice does a good job of filtering out crap calls. Also, every cell phone that I have used for the past 10 years has had caller ID. I just don't answer calls that I don't recognize. If it's important, they'll leave a voicemail.

    --
    -=You might be a geek if your computer is worth more than your car=-
    1. Re:Google Voice by Phoobarnvaz · · Score: 2

      I have found the the "beta" spam feature of google voice does a good job of filtering out crap calls. Also, every cell phone that I have used for the past 10 years has had caller ID. I just don't answer calls that I don't recognize. If it's important, they'll leave a voicemail.

      Another lesser known use for Google is to type in the number in question and getting some type of listing for them. That way...if they leave a number...you can call them back if you like or just let them hang in the wind. Even if the number isn't specific to a listing...for instance a telemarketer or bill collector...others have been harassed as well and will complain online about it.

      Had my roommate see me do this with a number which wasn't in my phone book. He was amazed you could use Google to find a phone number/name/complaints of callers. Been doing this for years and works great...just fight the urge to answer the call until after you can see who it was. Means...guys waste your time and trouble...it's my phone and I choose who I want to deal with.

      --
      Don't worry about the world coming to an end today. It's already tomorrow in Australia. - Charles M. Schulz
  14. Bad summary as usual, I don't see it by b4dc0d3r · · Score: 2

    I don't see anything in the bill to object to. Telephone soliciting is still prohibited, and if a debt collector is after you I think you have other things to worry about.

    In fact, the only scenario I can see as a real problem is when debt collectors rack up charges robo-calling you. Just take every charge off the amount you owe until it's a wash. Or actually pick up the phone and figure out how to deal with your debt, and inform them that you are being charged, and you do not have a prior business relationship as defined in the Communications Act and this is a mobile phone.

    Anyone have a better summary?

  15. Has nothing to do with GOP/DNC on that level by way2trivial · · Score: 5, Informative

    they are already exempt from the restriction

    http://en.wikipedia.org/wiki/Robocall
    Robocalls are made by all political parties in the United States, including but not limited to both the Republican and Democratic parties as well as unaffiliated campaigns, 527 organizations, unions, and individual citizens. Political robocalls are exempt from the United States National Do Not Call Registry. Federal Communications Commission (FCC) regulations prohibit telemarketers from using automated dialers to call cell phone numbers. However, political groups are excluded from the Federal Trade Commission (FTC) definition of telemarketer, thus robocalls from or on behalf of political organizations are still permitted on the federal level.[1]

    --
    every day http://en.wikipedia.org/wiki/Special:Random
  16. Is there an app for that? by ShavedOrangutan · · Score: 2

    The easy solution is an Android or iPhone app to automatically hang up on unlisted calls and/or calls not in your phone book. Perhaps even a central phone number black list for known robocall sources. Phone doesn't even need to ring.

    --
    Godaddy is a scam and a ripoff.
    1. Re:Is there an app for that? by jittles · · Score: 2

      You'll have to jailbreak/root that iPhone to provide this kind of functionality.

  17. Re:If this is true, I wouldn't mind this law by BabyDuckHat · · Score: 3, Insightful

    "since it isn't a problem for me I am not concerned."

    Sigh.

  18. Calm down, folks by GerryGilmore · · Score: 2

    Disclaimers: A) I work in the industry that produces automated dialing systems and B) IANAL. That said, let me enlighten you all as to how the technology shifts over the last few years has conflicted with the existing law. Let's say that you have a loan from a bank and quit paying the bill. The bank has your telephone number and is entitled to contact you due to the existing business relationship. Fine so far. Fast forward several years and your old landline telephone number is now soft-routed through Google Voice to your cell phone. Existing law would make that call illegal because you called their cell phone, even though you - in good faith - called what you thought was a landline number. This law, as I understand, would fix that. PS - Nothing to do with "robocalls" other than to explicitly disallow the random or generated numbers lists which some scum use for robocalls.

  19. Re:don't like it, but can't help it by Thud457 · · Score: 2

    I see a lot of people saying they don't answer unknown/unidentified numbers.
    You don't want anything bad to happen.

    Just be sure to add all the local hospitals to your contacts.
    And the city jail. And county. And any local police department numbers.
    And all your cow-orkers if you're unfortunate enough to be on-call at work.
    And your bank(s).
    And any numbers your credit card companies might be calling from.

    Might be better to have a blacklist app.
    fool me once, shame on me, fool me twice, won't get fooled again...

    --

    the preceding comment is my own and in no way reflects the opinion of the Joint Chiefs of Staff

  20. Re:Bipartisanship! by Oswald+McWeany · · Score: 2

    Hmmmm Edolphus Towns is an anagram for:

    Lust-Phoned Sow.

    Just saying.

    --
    "That's the way to do it" - Punch
  21. Re:This bill prohibits telemarketing to cellphones by CynicTheHedgehog · · Score: 2

    File a complaint. It takes a while, but they do actually process these. I filed several of them years back and recently received E-mails notifying me that they had taken action. You don't get any money out of it, but it's my understanding that the companies in violation are fined, so filing enough complaints will (hopefully) provide a disincentive to harass people.

  22. Re:don't like it, but can't help it by sohmc · · Score: 2

    I've found that if it's *REALLY* important (e.g. life or death), they will call several times before giving up.

    For example, when my sister was in the hospital, her boyfriend called my phone several times. I didn't have his number so I didn't answer it. He left a message the first time and told me that he'd keep trying to call.

    By his third call, I realized the same number just tried to call and it must be an emergency.

    Creditors usually don't do this since they get paid only if you pi

    --
    We don't live in Shouldland.
  23. Re:If Only by Jstlook · · Score: 3, Insightful

    And the simple solution to this: don't identify yourself to anyone unless you've obtained the purpose of their call. Seriously, why give out information that they may not already have?

    It's not being courteous, it's being naive - at least in todays' society.

    --
    ---jstlook ---For that is the way of Elves, for they say both yes AND no, and mean every word of it. --- J.R.R.T.
  24. Google Voice Account by SkimTony · · Score: 2

    True, the downside is that you're using the big G and they're mining your texts for data like everything else. However, you can pull up your GoogleVoice account in a browser, and send texts back and forth to whomever for free.

  25. Re:This bill prohibits telemarketing to cellphones by PRMan · · Score: 2

    I worked at a company that got 8 $11,000 fines for a total of $88,000. They do follow up at donotcall.gov and they do fine.

    --
    Peter predicted that you would "deliberately forget" creation 2000 years ago...
  26. Re:Debt collectors and banks? by blueg3 · · Score: 2

    Not a prerecorded call, but an autodialer. I forgot to specify, though, that it applies to cell phones only (as far as I know). Article here.

  27. Wha? robocalls usually don't leave voicemail?!?! by Sleepy · · Score: 2

    Robocalls -do- leave voicemail. I get tons of it.
    Voicemail spam is actually THE major reason I am going to kill my land-line (hear that, FairPoint?).

    Sadly, you are right about the parties trying to "close the cell phone loophole". While the bill's primary sponsor is a house gop'er, it is co-sponsored by a NYC democrat.