Telemarketers - How to Avoid those Annoying Calls
You're not alone if your dinner or quiet evening has been interrupted by a telemarketer's call.
The Federal Communications Commission (FCC) receives large numbers of complaints each year regarding these annoying calls.
In response, the FCC created the Telephone Consumer Protection Act (TCPA) in
1991. These rules help consumers avoid telemarketer's calls.
What Is a Telephone Solicitation?
A "telephone solicitation" is a telephone call in which a product or service is trying to be sold
to you. This can happen even if your phone number isn't listed in the phonebook. Some telemarketers acquire consumer's phone numbers from a directory assistance operator. Often times these phone numbers, as well
as non-published numbers, may be sold to other businesses, even ones you have done business with. Another calling tactic telemarketers do is to call all phone numbers in numerical order for a
neighborhood or certain area of a city.
The FCC’s rules forbid telemarketers from calling your home before 8 am or after 9 pm. All
solicitors must tell you his or her name, the name of the person or business they are with, and a phone number or address at which that person or business may be reached.
"Telephone solicitation" doesn't apply to calls made with the consumer's prior consent,
regarding a tax-exempt non-profit organization, or from a person or organization with whom the receiver has an established business relationship. An established business relationship exists
if you have made an inquiry, application, purchase, or transaction with the person or business. This relationship can be terminated by telling the person or business to not call your home
any more and to take your name off their contact list.
Autodialers and Artificial or Prerecorded Voice Calls
Automatic telephone dialing systems, also known as "autodialers," have caused a lot of consumers
to complain to the FCC.
Autodialers produce, store and dial telephone numbers using a random or sequential number generator.
Autodialers are used to place computerized or prerecorded voice messages. Emergency calls or calls made with the consumer's prior consent, as well as autodialers and prerecorded messages are not
allowed to contact numbers assigned to:
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any emergency phone line;
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the phone line of any patient room at a
hospital, health care facility, or home for the elderly;
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a paging service, cellular phone service, or other radio
common carrier service, if the person being called would receive a charge for the
call; or
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any other service in call receiver would be
charged for the call.
Calls using prerecorded voice messages - including those that do not use autodialers – are not
allowed to be made to home phone numbers except in the following cases:
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emergency calls needed to check the consumer’s health and
safety;
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calls which you have given prior consent;
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non-commercial calls;
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calls which don’t include any unsolicited advertisements;
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calls by tax-exempt non-profit
organizations; or
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calls from businesses which you have an established
business relationship.
Calls using autodialers or prerecorded voice messages may be placed to businesses.
An autodialer sending a prerecorded voice message, must state the name of the business or
individual and the telephone number or address of the business that is making the call. The contact number can't be a 900 number.
If the consumer has hung up, an autodialer must disconnect the consumer's phone line within
5 seconds. Some areas have a delay before you can get a dial tone again.
Limiting Telemarketing Calls
The FCC requires you, the consumer, to keep records of your requests to not receive future telephone
solicitations. A record of your do-not-call requests must be kept for ten years. Each time an unsolicited telemarketer calls, you must clearly state that they not call you again and to add
your name to the do-not-call list. Tax-exempt non-profit organizations don't have to keep do-not-call lists.
The Direct Marketing Association (DMA) sponsors the Telephone Preference Service (TPS) which
maintains a do-no-call list. DMA members must use this list. Once you register, your name stays on file for 5 years. You may register (for free) by mailing your name, phone number and signature
in a letter to:
DMA Telephone Preference Service
Box 643
Carmel, NY 10512
You can also register online (cost $5.00) at
http://www.fcc.gov/cgi-bin/bye?http://www.the-dma.org/cgi/offtelephonedave.
By registering your phone number with the TPS, this should stop telemarketing calls from all companies that are DMA members.
Questions about the DMA’s registration program should be sent to the DMA at this address. Keep in mind that not all unwanted calls will stop.
Most states have a statewide "no-call" list for consumers in that state. Contact your state’s consumer protection office or the public utilities commission (PUC) to see if your state participates in such a list.
How to Receive Compensation for Telemarketing Offenders
If you continue to receive calls after you requested to be placed on a "do-not-call"
list, you may be able to file a law suit against the violator. Damages can include $500 or the actual monetary loss, whichever is larger. You may receive three times that amount if you can prove that the telemarketer knowingly violated the do-not-call requirements.
How the FCC Can Help
The FCC can give fines to telemarketers violating the TCPA or other FCC rules regarding unsolicited telephone marketing calls. To send a complaint to the FCC regarding suspected violations, you can file it by e-mail (fccinfo@fcc.gov) by the Internet (www.fcc.gov/cgb/complaints.html) or by telephone 1-888-CALL-FCC (1-888-225-5322) voice, 1-888-TELL-FCC (1-888-835-5322) TTY.
Be sure to include the following information in your complaint:
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your name, address, and daytime phone number;
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the action you are requesting of the violator;
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the date you requested to be added to the organization’s
do-not-call list, and the name of the
individual with whom you spoke;
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the home or business telephone number the solicitor gave;
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the name, address, and telephone number of the organization
placing the calls; and
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the dates and times you received calls from the organization.
This information is provided by the Federal Communications Commission.
Related Articles:
Register With The National Do-Not-Call List
How to Avoid an Expensive Second Phone Line
How to Lower Your Phone Bill
Choosing a Long Distance Phone Service
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Long Distance Plans
Local Dial Tone Services - Bundled Service
Dial Around Long Distance
