By Mark Phillips
Unwelcome telemarketing calls
can be annoying at the least – and the beginning of you being defrauded at
their worst.
In the past few months this
issue of my friends and clients getting calls from telemarketers, often 2-5 per
day, has come up in conversation numerous times. This has been more noticeable
for those whom are retired and thus at home in the day time to receive the
calls (as rarely do telemarketers leave you a message). I will share with you
both my thoughts and some elements of my discussion with my friends and clients
on this issue.
Firstly telemarketer calls,
as defined by the Federal
Trade Commission (FTC), include all calls to your home or cell phone where
selling a product or service is the ultimate goal of the caller or their firm.
The Federal Trade Commission
is empowered to enforce the Do-Not-Call Implementation Act of 2003 (Public Law No.
108-10, was H.R. 395 of the 108th Congress, and codified at 15 U.S.C. § 6101
et. seq.), and the Do-Not-Call Improvement Act of 2007. These laws allow for
individuals such as you and I to list our home and cell phone numbers on the National Do Not Call
Registry. The consequence of listing your phone numbers therein is that
unauthorized telemarketers will be restricted from calling your listed numbers.
The penalty they face for ignoring this is a fine of up to $11,000 per call.
Enforcement of the Do Not Call Registry
The FTC takes aggressive legal action to
make sure telemarketers abide by the Do Not Call Registry. To date, the
Commission has brought 105 enforcement actions against companies and
telemarketers for Do Not Call, abandoned call, rob call and Registry
violations. The Mortgage Investors litigation produced the largest settlement
for Do Not Call violations, resulting in civil penalty payments of $7.5
million. To date, 80 of these FTC enforcement actions have been resolved, and
in those cases the agency has recovered over $41 million in civil penalties and
$33 million in redress or disgorgement.
I have had numerous friends
and clients complain to me about telemarketing calls, their frequency and the
unhelpful entreaties of the callers. Yet when I share the option to list a
phone number on the FTC’s Do Not Call Registry there seems to be some
reluctance. I hear the following:
Q:
Well I don’t want to cut off important
calls from people and companies I need to hear from.
A:
No individual (non-business) caller
is restricted in any way by your number being listed on the DNC Registry.
the Do Not Call Registry prohibits sales calls. You still
may receive political calls, charitable calls, debt collection calls,
informational calls, and telephone survey calls. Sorry, but this service will
not inhibit these calls.
In addition, companies may still call your
listed number if you’ve recently done business with the company, or if you’ve
given the company written permission to call you.
However, if you ask a company not to call you
again, it must honor your request. I recommend that you record the date of your
request.
As such
the calls from firms you are doing business with will not be interrupted.
Additionally,
legitimate companies you are not doing business with don't call if your number
is on the Registry. If a company is ignoring the Registry, there’s a good
chance that it’s a
scam. If you get these calls, hang up
and file a complaint with the
FTC.
Q:
But won’t I miss out on opportunities for me?
A: I
propose that opportunities will not come to you by virtue of a telemarketing
phone call. If there is something out there in the universe that you would
benefit from you will not likely get a call from a telemarketer offering this
to you. They are selling what they have not what you want or need. The better
bet to get what you want or need is to be proactive and go get it yourself
rather than hope and wait for someone to call you and offer it to you (at a
good price no less).
Further consider, as more
people list their numbers on the DNC Registry the fewer numbers not on the list
will be subject to ever more calls from the telemarketers. Do you want to be
subject to this?
I recommend that you list our home and cell
phone numbers on the National Do Not Call
Registry today so that the annoying (and worse) telemarketing calls you are
receiving may soon be restricted.