A Consumer's Resource for Stopping Unsolicited Telemarketing Calls.
Dealing With Live Operator Telemarketing
Telemarketers typically call hundreds of people in order to make a single sale or prospect, knowing that they will do nothing else but disturb and waste the time of the vast majority of those they call. It's just a numbers game to them.
Numerous studies show that about 80% of folks do not wish to receive such calls, yet these companies persist. They take advantage of people's good nature in that they are not totally overwhelmed by complaints and demands to be added to the "do-not-call" list.
If everyone who doesn't appreciate these calls would simply take the time to complain to the managers or owners when they receive these calls, I think many companies will think twice about continuing with their telemarketing campaigns.
Telemarketers are required to have a written policy for maintaining a do-not-call list, and to make it avaialble upon demand. Ask to speak to a manager, or at a later time specfically call a manager, owner, or officer of the company. Demand that they add you to their do-not-call list, and provide you with a copy of their written policy as per the law (47 USC, Section 227 and 47 CFR § 64.1200).
Telemarketers are required to provide you with their name, the name of the organization or company, and an address or phone number. They must volunteer this information in the course of the telemarketing call - you do not have to ask for it. (47 CFR § 64.1200(e)(2)(iv) )
Demand payment for the damages you are entitled to under the law. (A real-life sample demand letter can be found here.) You are entitled under federal law to collect $500 per violation if a telemarketer calls you twice in a 12-month period and:
- has called after you have requested your phone number added to their do-not-call list within the past ten years, or
- fails to provide a copy of their written do-not-call policy upon demand, or
- fails to provide you with a phone number or address for reaching the company. (You don't have to ask for it - they must give it out on their own), or
- does not have written do-not-call procedures in place, or
- failed to adequately train their personnel in the use of the do-not-call list.
File a complaint with your state Attorney General's office and the FCC if you have received telemarketing calls from a company after asking not to be called.
While you, as a private citizen, cannot sue unless you have received two violative calls within a year, a state Attorney General or the FCC has no such restriction. They can sue for each and every violation on behalf of citizens.
Who wants to help finance the staff, equipment, and phone lines of an operation that disturbs thousands (or even millions) of people? Make a point to not do business with companies that engage in unsolicited telemarketing. Tell your friends, family, and associates, too.
If you think this is in any way extreme - please don't shed any tears for the telemarketers. Telemarketers don't hesitate to...
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|© 2003-2008 Robert H. Braver. All rights reserved. The author is not an attorney, and nothing on this web site should be construed as legal advice. All information on this web site is the opinion of Robert Braver or other authors as noted.|