Do Not Call, ???, Profit!

I’ve been getting robo-calls on my mobile phone for the past couple/few months. The recording says to press ‘1’ to talk to an agent (about how to reduce my credit card interest rate – or in my case, to tell them to piss off). When I’ve tried that, the call disconnects. On the 16th of last month I registered my number on the National Do Not Call List. (I’m pretty sure I had done before, but I don’t remember when.) It’s been over 31 days since I’m sure I registered, so I shouldn’t be getting calls. A complaint has been/will be filed for every call I get from an unknown number.

I’ve heard that consumers may file suit against these spammers in some states, and collect a $500 award for each call. Is this true in the State of Washington? How does one file a suit against an unidentified phone number, anyway? Seems like a good way of making money off of annoying pests.

I don’t know about the $500, but filing a complaint with the ftc at National Do Not Call Registry does work. After a month or so I got a nice letter from them that the company had been fined.

A blocked number is not a big deal. Your cell phone company knows what number called. In the complaint they ask you for the exact time of the call. That’s so they can get the caller from the phone co.

Where it can get tricky is if the spammer used VOIP and called from another country.

http://www.ucan.org/telecommunications/landline/how_to_sue_telemarketers

There is a loophole in the Do-Not-Call registry wide enough to drive a semi-truck through. Or at least wide enough for dozens of spam calls.

Even if your number is on the Do-Not-Call registry, they can call you if they have “an existing business relationship” with you. So companies you do business with can call you. Like your bank. Or like the credit-card issuing subsidiary of your bank. Or any company that has ‘partnered’ with your bank, like a national credit card company that buys the list of customers from your bank, or pays your bank a commission for each of their customers that they sell to. or a credit-consolidation company that has made a similar financial arrangement with your bank.

It’s quite likely that the ‘reduce-your-interest-rate’ robo calls are coming from someone like this, that can claim a ‘business relationship’ with you, and so don’t have to pay attention to the Do-Not-Call registry.

Another hole: people can call if they want to do a survey without selling you anything. Market research call centers and telemarketing call centers are strictly segregated, never associated with eachother, almost no one who worked at one type at any but the very lowest level ever works at the other kind, etc and it’s partially because of this.

Those would very likely not be automated calls, but I figured you’d want to know.

The auto-warranty/reduce you credit card debt people are just plain ignoring do-not-call, rules against calling cell phones, etc.

One group was finally tracked down by the feds and forced to stop.

They just went away for a few months and started up under another company name. Exact same tapes.

Thanks to VoIP and routing via foreign countries, they are extremely hard to track down. But they have to have some traceable business. If they are getting stupid people’s credit card numbers, their processor can be tracked down and then dealt with from there.

The problem is that the US consumer protection people just aren’t getting anywhere enough money to actually act on these things.

Bolding Mine.

When I read this I can almost feel the monkeys flying out my ass.

How in the world could anyone possibly prove the bolded part of your statement?

And why would a market research company even bother to do any survey if they didn’t have a client in mind to sell the results to? Is a telemarketing company prohibited from using a survey company?

I challenge your statements because anytime I’ve ever bothered to stay on the line and take a “market survey” the following question usually came up.

“Would you be willing to let a prospective seller of XXX (survey subject) call you?”

It ain’t pretty, but that was exactly the point of my post- that even on the DNC list you can still get calls you’ll probably think of as no different from telemarketing. That’s all I came here to say, so I won’t be back here unless the OP asks for something else relevant to how to avoid being disturbed by the phone (i.e. how to get DNC-exempt callers to stop calling).

In hindsight that might be more IMHO or MPSIMS than GQ, though I’m sure it could be proved (but it would take some specialized lawyer or other). It can be observed by working in numerous call centers for several years, running into people one knows from previous jobs on the floor all the time and seeing the bosses and supervisors stay in place the whole time. It probably doesn’t hold up on paper due to shady corporate shit, but my point is that the tiny legal differences between the two get blown into huge gulfs at the lowest level. When you’re an “interviewer” (phone surveryor) you hate telemarketers, when you’re a telemarketer you envy surveyors. And then there’s inbound call centers…

Anyway, I probably should have said they differ starkly in when, how, how often etc they’ll call you, and made it clear that I don’t know or care whether they’re legally split aside from the DNC list exception. That was my fault.

Market research companies typically are (again, on paper) independent contracting deals. They sell the service of providing completed surveys to companies. The customer of the market research company provides the survey, tells the research company who they want it from (people with children under 6 only, men only, retirees only, residents of this state or that etc etc) and the phone slaves get on it. So they do have a client in mind, but the same companies doing market research also handle the political polls that crop up before every election- likely the reason why they’re exempt from the DNC list.

I would presume a telemarketing company isn’t prohibited from using a survey company, but I’d also think the chance they’ll have a reason to is pretty slim.

I’ve called nearly every bit of the U.S., two Canadian provinces and part of Australia doing surveys and never once had to ask that question.

I don’t know where you’re getting those calls from (phone peasants are instructed to say we’re calling from whatever city the headquarters is in, not from the one we’re sitting in, so you might never know without some digging around either) but I’d venture to say they aren’t from this continent.

Your bank has to provide you at least once per year a privacy notice. In that notice are instructions on how to opt out of contacts, including your bank’s “partners.” If you make the time to restrict your “business relationship” only with your bank, and not its subsidiaries or partners, you’ve just plugged a hole.

The “survey” is only a pretext to get you to listen to a sales call. You have the right to know who is sponsoring the survey and the ultimate reason for the call. If the caller cannot/will not provide those details, or they admit it’s a pretext, they just violated the law. Very few “surveys” are really “surveys.”

I just collected money from a junk faxer. It was part of a class action suit, but my share of the money came to $125.

Where I work (and gods how I hate that place), we open with: our first name, who we’re calling 1) from and 2) on behalf of, and what the survey is trying to determine. It’s sketchy of course- they say they’d like to “discover your opinions about shoes” as opposed to saying they’d like to learn how their client can sell you shoes, but it’s all there. Then if we get a willing participant we go “this call may be monitored for quality control or training purposes” and launch right into the questions.

I’d be surprised if anyone using a survey gambit to get you to listen to sales calls is doing it legally. They are probably looking right at your entry on the DNC list and praying you don’t bother to report them after you’ve finished hanging up on them for lying.

In fact, I told one of the “heather from account services” spam-callers that he was in violation of Federal law, and he argued with me - said that because I had the credit card, this established a business relationship.

Since those particular scammers are NOT affiliated with Visa / Mastercard or my bank, he was full of shit (no surprise there).

The reason they keep doing it is because they’re so hard to nail down. The calls are spoofed - if you look at caller ID, the number displayed is usually a disconnected number.

I’ve been getting calls on the cell phone lately as well - “political survey” calls for which I’ll be rewarded because some sponsor wants to reward people who take the survery. Yeah, right. Every time I get one, I add it the number to a “go to voicemail” entry in my address book. Doesn’t eliminate them entirely, but does reduce the volume somewhat. For some reason, they never leave a message :D.

Actually, he was probably right when he argued with you.

It’s likely that either your bank or VISA/MC did ‘partner’ with them, by selling them the list of their cardholders’ phone numbers. Given the way the Do-not-call law was written (with lots of ‘advice’ from lobbyists), that does count as a ‘business relationship’ with you. Rather one-sided, all on their side, but enough for that law.

[I’ve always thought of this as much like the horny guy trying out pick-up lines on the good-looking lady at the bar – any ‘relationship’ they have is entirely on his side, and probably all in his mind!]

It may not give you legal satisfaction, but I’ve found that a pretty good solution to repeat telemarketers is to create a contact with their number and add a recording of “silence” to my phone and set that as their ringtone. Every new annoying number that calls and tries to sell me something gets added to the “Mr. Ignore” contact and the only time I’d even notice that they call any more is if I happen to be using my phone at the time.

I get tons of sales calls because of my business. Forwarded to my smartphone, I just add numbers to my blacklist. A couple times a day I see my phone light up but not ring :smiley: