[Scan-DC] New telemarketer tool trumps TeleZapper

[Marcel]

Contact the FCC they will jump once they get a letter from the FEDS All it takes is one
complaint to have them up to their A** im paper work and they must use an attorney to
respond to the charges it will end up cost them $$ for your 30 second email.

I know the FCC................ They Don't do ^$#&*$Y

Take a look at this.................

http://www.fcc.gov/eb/News_Releases/DOC-230145A1.html

Now back to our regularly scheduled program........

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FCC a complaint about suspected violations of the TCPA or of the FCC�s rules, you can file

it by e-mail (fccinfo@fcc.gov) by the Internet (www.fcc.gov/cgb/complaints.html), by
telephone
1-888-CALL-FCC (1-888-225-5322) voice,


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http://www.fcc.gov/cgb/consumerfacts/tcpa.html

UNWANTED TELEPHONE MARKETING CALLS

Background

Has your evening quiet time been disrupted or your dinner been interrupted by a call from
a
telemarketer? If so, you�re not alone. Consumers are increasingly complaining to the
Federal
Communications Commission (FCC) about unwanted and uninvited calls to their homes from
advertisers
and telemarketers.

The Telephone Consumer Protection Act (TCPA) of 1991 was created in response to consumer
concerns about the growing number of unsolicited telephone marketing calls to their homes
and the
increasing use of automated and prerecorded messages. The FCC has rules to aid consumers
who
wish to limit these uninvited calls.

Telephone Solicitations

A "telephone solicitation" is a telephone call that acts as an advertisement. Even if you
have an unlisted,
non-listed, or non-published telephone number, you may still receive unsolicited telephone
calls. In
some cases unlisted or non-listed numbers can be obtained from a directory assistance
operator. They,
along with non-published numbers, may be sold to other organizations or people with whom
you have
done business. Some sales organizations call all numbers in numerical order for a
neighborhood or
area.

The FCC�s rules prohibit telephone solicitation calls to your home before 8 am or after 9
pm. Anyone
making a telephone solicitation call to your home must provide his or her name, the name
of the person
or entity on whose behalf the call is being made, and a telephone number or address at
which that
person or entity may be contacted.

The term "telephone solicitation" does not include calls or messages placed with the
receiver�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 regarding products or services
offered by
the person or entity involved. Generally, you may put an end to that relationship by
telling the person or
entity not to place any more solicitation calls to your home.

Automatic Telephone Dialing Systems and Artificial or Prerecorded Voice Calls

Automatic telephone dialing systems, also known as "autodialers," also generate a lot of
consumer
complaints.

Autodialers produce, store and dial telephone numbers using a random or sequential number
generator. Autodialers are usually used to place artificial (computerized) or prerecorded
voice calls.
Except for emergency calls or calls made with the prior express consent of the person
being called,
autodialers and any artificial or prerecorded voice messages may not be used to contact
numbers
assigned to:

any emergency telephone line;
the telephone line of any guest or patient room at a hospital, health care facility, home
for the
elderly, or similar establishment;
a paging service, cellular telephone service, or other radio common carrier service, if
the person
being called would be charged for the call; or
any other service for which the person being called would be charged for the call.

Calls using artificial or prerecorded voice messages - including those that do not use
autodialers � may
not be made to residential telephone numbers except in the following cases:

emergency calls needed to ensure the consumer�s health and safety;
calls for which you have given prior consent;
non-commercial calls;
calls which don�t include any unsolicited advertisements;
calls by, or on behalf of, tax-exempt non-profit organizations; or
calls from entities with which you have an established business relationship.

Calls using autodialers or artificial or prerecorded voice messages may be placed to
businesses,
although the FCC�s rules prohibit the use of autodialers in a way that ties up two or more
lines of a
multi-line business at the same time.

If an autodialer is used to deliver an artificial or prerecorded voice message, that
message must state, at
the beginning, the identity of the business, individual, or other entity initiating the
call. During or after the
message, the caller must give the telephone number (other than that of the autodialer or
prerecorded
message player that placed the call) or address of the business, other entity, or
individual that made the
call. It may not be a 900 number or any other number for which charges exceed local or
long distance
transmission charges.

Autodialers that deliver a recorded message must release the called party�s telephone line
within 5
seconds of the time that the calling system receives notification that the called party�s
line has hung up.
In certain areas there might be a delay before you can get a dial tone again. Your local
telephone
company can tell you if there is a delay in your area.

How to Reduce the Number of Telephone Solicitation Calls Placed to Your Home

The FCC requires a person or entity placing live telephone solicitations to your home to
maintain a
record of your request not to receive future telephone solicitations from that person or
entity. A record
of your do-not-call request must be maintained for ten years. This request should also
stop calls from
affiliated entities if you would reasonably expect them to be included, given the
identification of the caller
and the product being advertised. Each time you receive a call from a different person or
entity, though,
you must request that that person or entity not call you again. Tax-exempt non-profit
organizations are
not required to keep do-not-call lists.

When you receive telephone solicitation calls, clearly state that you want to be added to
the caller�s
do-not-call list. You may want to keep a list of those places that you have asked not to
call you.

The Direct Marketing Association (DMA) sponsors the Telephone Preference Service (TPS)
which
maintains a do-no-call list. DMA members are required to 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 www.the-dma.org/cgi/offtelephonedave.

Registering your number with the TPS should prevent sales calls from all companies that
belong to the
DMA. Questions about the DMA�s registration program should be sent to the DMA at this
address. While
registering with the DMA should reduce the number of unsolicited calls you receive at your
home, it
probably will not stop unwanted calls altogether.

Finally, many states now have statewide "no-call" lists for residents in that state.
Contact your state�s
consumer protection office or the public utilities commission (PUC) to see if your state
has such a list.

Actions You Can Take Against Telephone Solicitation Calls Made in Violation of the Rules

You have recourse against entities or persons who continue to call you after you have
requested to be
placed on a "do not call" list. Some states permit you to file law suits against the
violators; you may be
awarded $500 in damages or actual monetary loss, whichever is greater. This amount may be
tripled if
you are able to show that the caller willfully and knowingly violated do-not-call
requirements.

States themselves may initiate a civil suit in federal district court against any person
or entity that
engages in a pattern or practice of violations of the TCPA or FCC rules. If you have
questions for your
state regarding unsolicited telephone marketing, you may contact your local or state
consumer
protection office or your state Attorney General�s office. These numbers should be listed
in the
government section of your telephone directory, or you can obtain them by calling
directory assistance.

What the FCC Can Do to Help

While the FCC may not award monetary or other damages, it can give citations or fines to
those
violating the TCPA or other FCC rules regarding unsolicited telephone marketing calls. If
you would like
to send the FCC a complaint about suspected violations of the TCPA or of the FCC�s rules,
you can file
it by e-mail (fccinfo@fcc.gov) by the Internet (www.fcc.gov/cgb/complaints.html), by
telephone
1-888-CALL-FCC (1-888-225-5322) voice,

1-888-TELL-FCC (1-888-835-5322) TTY, or by mail:


Steve Rigby wrote:

> Marcel wrote:
>
>  > New telemarketer tool trumps TeleZapper
>
>    It has gotten to the point with me that I do not even answer the
> phone anymore.  I let the answering  machine take every call.  This
> includes, unfortunately, my work number as well.  To do otherwise
> results in most calls that I would pick up for being from
> telemarketers, a waste of my time.  My home phone receives at least
> 6 to 7 telemarketing calls every day, often ten or more.  My office
> phone gets about three or four a day.
>
>    I accepted an offer for a "no obligation" trial for a service a
> few months ago, and did not opt to continue beyong the "free" trial
> period of thirty days.  Lo and behold, charges began appearing on my
> phone bill, at which point I called the phone company to complain
> and got the number of the firm that was involved in this scam.  Upon
> calling them, they played back to me, as I suspected they would, a
> recording of the original conversation I had with them, wherein at
> the very end of the conversation I heard the salesperson, who was
> speaking very fast and softly, say that I had to contact them to
> cancel the thirty day trial.
>
>    Upon hearing this recording, I first informed the person I was
> speaking with that they never told me that the conversation
> would be recorded, and no tones were used to indicate a recording
> was taking place.  I told him that was a violation of Virginia law.
> Then, after hearing the recording say that I had to contact them to
> cancel the trial period, I told them that requirement was, in fact,
> an obligation on my part, yet the recording clearly proved that I
> was told there was "no obligation" on my part whatsoever.
>
>    To sum up, the company said they would remove two months worth of
> the $29.95 per month charges, but that was as far as they would go.
> I hung up and called the phone company again, and they said they
> would send back to the company the other two months of charges, and
> then pleaded with me to report the company to the FCC, which I am in
> the process of doing.  I was supposed to be faxed a confirmation of
> my credits by the company, but that has not happened, so I am fairly
> sure this battle is not over.
>
>    To hell with these low-life telemarketers and their pernicious
> schemes.  If, as the article you supplied stated, 3 million such
> jobs will be lost, who cares?  Three million fewer scam artists is
> fine with me!
>
>    Steve
>
> _______________________________________________
> Scan-DC mailing list
> Scan-DC@mailman.qth.net
> http://mailman.qth.net/mailman/listinfo/scan-dc

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