What is going on here? I hear each state gov has its own “Do Not Call List” while Bush signed some law at the Fed Level?!?!? Furthermore, there is a fee to get on these lists?
What are our legislators thinking? How the heck can the common man track down the violators, and to which list the leak came from? Furthermore, I found out more and more telemarketing calls are coming from outside the US! I don’t know how this can be profitable, but the US laws won’t block 'em!
The question is how can the consumer really be assured of protection, and what about the potential for fraud websites willing to take your money without any “do not call” powers?
How can we citizens really know what we’re paying into and where does that money go? And, when will you have to renew your subscription?
Jinx
“Don’t call us now, we’ll call you…” - Sugarloaf
The federal list is in legal limbo, as it has been recently held unconstitutional; the government plans to appeal this. However, at least one association of telemarketers has promised to abide by the federal list until the appeals are heard and the question of the list’s legality is decided once and for all. It goes into effect today, but since the compliance by the telemarketers is voluntary (at least unless and until the government wins its appeal), they could change their mind at some point.
This ruling doesn’t affect the state do-not-call lists, although if the federal list is unconstitutional then the state lists probably are, too, and it might only be a matter of time until they are challenged.
Anyone who asks you for money to be put on a do not call list is running a scam, Jinx. They might just take your money, or they might actually sign you up as they promise, but that’s something you can do for free on your own.
The FCC is running the do not call list on the federal level as of today. It is enforceable against those telemarketing companies which have obtained a copy of the list from the FTC. The FCC has not been barred from enforcing the list; only the FTC has. The FCC has its own regulations for the DNC list which IIRC include much stiffer penalties than does the FTC version.
The federal list and every state list of which I’m aware require telemarketing companies to fund the list either by purchasing the list or paying a fee to operate within the state.
Companies based overseas are vulnerable to the fines because, under the terms of the PATRIOT Act, the government can freeze and seize assets in US banks pretty much at will. So unless the company does no business with any bank which does business in the United States the feds can snag the fines. Cite for this is from a paper magazine article I have at home; can search for it online if anyone needs a cite.
Acutally there is a pay to be taken off list. I saw it last night on the Channel 9 news here in DC. I didn’t here the whole thing but it is run by one of the telemarketing associations. You can either mail in your request or have it done one the internet. I believe it cost $5 to do it on the internet and was free if you mailed them the request.
“I have never heard of any of the lists charging a fee to be placed on it. The federal one certainly does not.”
I saw ads on tv charging $2.95 to be put on a donotcall list but it was just some company trying to make a buck. Getting on a list is free, but if they did it for you they charged $2.95.
The Direct Marketing Associationdoes charge to get put onto their do not call list, if you do it online anyway. If you go to the trouble to mail it in, it’s free, though. Does this really sound like an organization that wants to honor do not call requests?
The problem with this, though, is that not every telemarketer is not a member of the bloody organization and aren’t bound by the DMA’s rules. Implementing this on the federal level is the only way to combat all of these creeps.
As for free speech arguments, yeah, okay. They have the right to speak into their telephones all they want. They don’t have the right to make us answer their crap. The only vulnerability I see, though, is “equal protection.” I think there may be an issue whereby the federal government may be backed into a corner to preserve the do not call lists – prohibit political concerns, charities, and survey companies from calling, too.
I haven’t read the filings but based on the decisions AFAIK no equal protection argument has been advanced regarding the DNC list. Nor IMHO does there need to be one. The First Amendment argument is sufficient and I agree with the Denver judge that by singling out one type of call and exempting others the FTC has violated the First Amendment. If an equal protection argument is not advanced by the parties the courts can’t rule on it.