Stopping Telemarketers
While you'll never be able to stop all telemarketers from disturbing
you, it is possible to ensure that telemarketers who do will never
call again.
Federal regulations require that telemarketers keep and maintain a Do
Not Call List. This is a list of phone numbers that the company may
not call again for ten years. Next time a telemarketer calls, make sure
to tell them to put your phone number on that list. (In recent years,
I've adopted the following response to the first thing a telemarketer
says: "It is the policy of this household to withhold all future
business from companies that solicit us via telephone." For most
"legitimate" telemarketing efforts, this results in an
immediate apology, a toll-free number to call if I have any questions,
and no future calls from that organization, as this is usually
interpreted in their script as a do not call response. For the rest, I
just hang up after making that statement and hope they got the message.)
If you want to be removed from a master marketing list used by
hundreds of companies, send a signed request asking to be removed from
all telemarketing lists, along with your full name, street address,
city, state, ZIP Code, and phone number (including area code) to:
Direct Marketing Association
PO Box 9014
Farmingdale, NY 11735-9014
You may wish to do more than just get your name on a list; perhaps
you even want to take up the telemarketer's time and make them squirm a
bit. You need to know a few things:
 | When telemarketers call you they use a 'script.' (Below you'll
find your own script to use back on them. When a telemarketer starts
getting asked the right questions, they start getting nervous. This
can be very amusing.)
| If telemarketers violate certain federal regulations while
speaking to you, you may be able to sue them for $500.
| Most importantly, if you ask to be put on a company's Do Not
Call List, they may not call you again for 10 years. |
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About the Script
Every question in the script is intended to help you take control of
the conversation and find out what you need to know. If they ask you why
you're asking a question, read the relevant law to them and repeat your
question. When you're following the script, be sure to write down the
answers you receive; you'll need this to take action against companies
that don't follow the rules.
| What is the name of the company you are calling for?
Make sure you are getting the name of the company they are calling
on behalf of, not the name of the telemarketing company they work
for.
| Is this a telephone solicitation?
Telemarketers will almost always say 'no' to this question the first
time. When they do, say "Well, according to Federal Law a
solicitation is a telephone call intended to 'encourage the purchase
or rental of, or investment in, property, goods, or services,' is
that what this is?" Often at this point, they'll start to
realize that they may not be in control of the conversation.
Sometimes they'll admit that, yes indeed, this is a telephone
solicitation, but just as often they won't. Don't worry about it.
Mark down their answer and move on.
| Could you please tell me your full name?
They may have been suspicious after question number two, but now
there's no doubt: you are not just going to say 'no thanks' and let
them move on. Telemarketers seem to get very privacy-conscious when
confronted with this question. They'll try to get away with just
giving their first name; don't let them, the law says you're
entitled to know their full name.
| And your phone number?
Telemarketers are required to give you a phone number where you may
contact the business they are calling for.
| What is your company's mailing address?
This one usually doesn't get answered. Again, we're looking for the
address of the company on whose behalf they are calling.
Unfortunately, few telemarketers seem to know what the company's
address is, even though they are supposed to. Don't be surprised if
they transfer you to a supervisor here. Another response is for them
to hang up on you!
| Does the company you are calling for keep a list of numbers
it's been asked not to call?
It's a violation of federal law if they don't.
| Does the company you are calling for have a written policy
concerning their don't call list?
They are required by federal law to have a written policy.
| Could you mail me a copy of that written policy?
Upon request, telemarketers are required to provide you with a
written copy of their Do Not Call List policy. |
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The Script
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What you Say
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The Law Is
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Their Answer
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What is the name of the company you are
calling me for?
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"A person or entity making a telephone
solicitation must provide the called party with…the name of
the person or entity on whose behalf the call is being
made."
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Is this a telephone solicitation?
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A solicitation is a telephone call intended to
"encourage the purchase or rental of, or investment in,
property, goods, or services." Further, it can't be an
unsolicited advertisement, either: "The term 'unsolicited
advertisement' means any material advertising the commercial
availability or quality of any property, goods, or services
which is transmitted to any person without that person's prior
express invitation or permission."
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Could you please tell me your full name?
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"A person or entity making a telephone
solicitation must provide the called party with the name of the
individual caller."
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And your phone number?
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"A person or entity making a telephone
solicitation must provide the called party with… a telephone
number or address at which the person or entity may be
contacted."
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And what is your company's mailing address?
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"A person or entity making a telephone
solicitation must provide the called party with… a telephone
number or address at which the person or entity may be
contacted."
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Does the company you are calling for keep a
list of numbers it's been asked not to call?
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"No person or entity shall initiate any
telephone solicitation to a residential subscriber unless such
person or entity has instituted procedures for maintaining a
list of persons who do not wish to receive telephone
solicitations made by or on behalf of the person or
entity."
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I would like you to add me to that list.
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Does the company you are calling for have a
written policy concerning the list?
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"Persons or entities making telephone
solicitations must have a written policy, available upon demand,
for maintaining a do-not-call list."
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Could you mail me a copy of that written
policy?
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"Persons or entities making telephone
solicitations must have a written policy, available upon demand,
for maintaining a do-not-call list."
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The Law
47CFR64
Subpart L
"A person who receives more than one telephone call within any
12 month period by or on behalf of the same company in violation of the
regulations prescribed under this subsection may, if otherwise permitted
by the laws or rules of court of a State bring in an appropriate court
of that State:
A. an action based on a violation of the regulations prescribed under
this subsection to enjoin such violation,
B. an action to recover for actual monetary loss from such a
violation, or to receive up to $500 in damages for each such violation,
whichever is greater, or
C. both such actions.
It shall be an affirmative defense in any action brought under this
paragraph that the defendant has established and implemented, with due
care, reasonable practices and procedures to effectively prevent
telephone solicitations in violation of the regulations prescribed under
this subsection. If the court finds that the defendant willingly or
knowingly violated the regulations prescribed under this subsection, the
court may, in its discretion, increase the amount of the award to an
amount equal to not more than 3 times the amount available under
subparagraph (B) of this paragraph."
But, if you want to sue, you'd need to ask these additional
questions:
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Are you calling for a tax-exempt, nonprofit
organization?
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Unfortunately, the law precludes
nonprofit organizations from being sued.
"The term 'telephone call'
in sec. 64.1200(a)(2) shall not include a call or message by, or
on behalf of, a caller: which is a tax-exempt nonprofit
organization."
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| Is this call based on a previously
established business relationship? |
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Unfortunately, the law precludes suing an
entity with which you have a pre-existing relationship.
"The term 'established business
relationship' means a prior or existing relationship formed by a
voluntary two-way communication between a person or entity and a
residential subscriber with or without an exchange of
consideration, on the basis of an inquiry, application, purchase
or transaction by the residential subscriber regarding products
or services offered by such person or entity, which relationship
has not been previously terminated by either party."
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| ref: www.bythom.com/telemarket.htm |
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