Telemarketers Exploit Do-Not-Call Loopholes
Federal List Accepting Complaints From Consumers
POSTED: Thursday, October 16, 2003
The government reports that thousands of people have already complained that telemarketers have violated the national do-not-call list.According to consumer advocates, some companies are already trying new strategies to get around the rules. One involves coupons and sweepstakes.
"It's a sleazy way for marketers to get around my wishes to be left alone at dinner time," said Gene Pressler, a consumer. "In fine print, down at the bottom, it says you may be contacted by us or associated companies even if your name appears on the no-call list.""Some companies are using deceptive means to create a business relationship," said Eileen Harrington, of the Federal Trade Commission.Harrington said the companies claim they've developed a business relationship because even if you are on the list, "a company with which you have an established business relationship may call you for up to 18 months after your last purchase or delivery from it."However, Harrington said companies have to make the disclaimer."So, if I'm giving you a sweepstakes signup and in fine print it says by entering the sweepstakes you are consenting to receive telemarketing calls -- if that isn't clear and conspicuous, it is deceptive and it is against the law," Harrington explained.Still, consumer advocates say you should be warned of the practice."Be very careful before you play a sweepstakes or use some coupons. Read the fine print and make sure you're not undoing that registration," said Olha Rybakoff, of the Delaware Consumer Protection.Even if a company calls you after you've signed up for something, you still have recourse."Any company you have a business relationship with, you can call and tell them you don't want to be called," Rybakoff said.Any solicitation must clearly disclose all conditions.Remember, if you get a call and you have no idea how that company could claim you have a "business relationship" with you, file a complaint with your state's attorney general and with the FTC.Colorado Attorney General Ken Salazar said the big do-not-call offenders continue to be mortgage lenders, travel and vacation promotions, investment firms and finance companies.A California company, Judson Enterprises, is feeling the burn from the new law. It has agreed to pay a $7,000 fine for ignoring the no-call law.You can still sign up for the national do-not-call list by calling the toll-free phone number at (888) 382-1222, or going to the government's Web site at www.donotcall.gov.Another strategy telemarketers are using doesn't involve your phone, but your fax machine. A blast fax machine hits hundreds of thousands of phone numbers around the country every night.Junk faxes are just as illegal as telemarketing calls, and to some of us, those beeps are every bit as annoying as the unfamiliar voice that mispronounces your name and says "Hi. How you doing?"
DO NOT CALL LIST |
More On Junk Fax Law Previous Stories:
- October 8, 2003: Do-Not-Call List Accepting New Phone Numbers
- October 7, 2003: Do-Not-Call List Gets OK To Proceed
- October 1, 2003: Telemarketing Execs Sign Up For Do-Not-Call List
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