# illegal to telemarket to cell phones? **URL:** \ **Category:** Factual Questions\ **Created:** [January 25, 2003, 4:29am UTC](https://boards.straightdope.com/t/illegal-to-telemarket-to-cell-phones/150811 "2003-01-25T04:29:23Z")\ **Posts on this page:** 20\ **Page:** 1
**Author:** ![Kaio](https://avatars.discourse-cdn.com/v4/letter/k/c68b51/32.png) [@Kaio](https://boards.straightdope.com/u/Kaio)\ **Post date:** [January 25, 2003, 4:29am UTC](https://boards.straightdope.com/t/illegal-to-telemarket-to-cell-phones/150811/1 "2003-01-25T04:29:23Z")
Color me skeptical, but I’ve heard this from a couple different people who swear it’s true. What’s the dope on this? Because if it IS illegal, I plan to put the fear of god into the “UNKNOWN” callers I get on my cell phone, 3+ times a day, EVERY DAY. gah. I’m in Illinois, if it matters. Also, I’m trying to find info on the new IL statewide do-not-call list that’s been rumored to have been set up (or will be shortly?). I tried the state of IL website but the search function doesn’t seem to work. _grumble_ Any help? Thanks. ---
**Author:** ![friedo](https://avatars.discourse-cdn.com/v4/letter/f/8edcca/32.png) [@friedo](https://boards.straightdope.com/u/friedo)\ **Post date:** [January 25, 2003, 4:34am UTC](https://boards.straightdope.com/t/illegal-to-telemarket-to-cell-phones/150811/2 "2003-01-25T04:34:39Z")
It is illegal to make telemarketing calls to cellphones. Sometimes telemarketers’ lists of cell prefixes gets out of date. If you inform the caller that they’re calling a cellphone, they should hang up immediately. If they don’t, they’re with an unscrupulous scam organization. In this case, try to extract as much information about them as possible and complain to the FTC. ---
**Author:** ![Kaio](https://avatars.discourse-cdn.com/v4/letter/k/c68b51/32.png) [@Kaio](https://boards.straightdope.com/u/Kaio)\ **Post date:** [January 25, 2003, 4:52am UTC](https://boards.straightdope.com/t/illegal-to-telemarket-to-cell-phones/150811/3 "2003-01-25T04:52:09Z")
Do you have a cite for that? No offense, but the other people I talked to made the same assertion, and I don’t know where they got it from either. ---
**Author:** ![Duckster](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/duckster/32/1244_2.png) [@Duckster](https://boards.straightdope.com/u/Duckster)\ **Post date:** [January 25, 2003, 5:02am UTC](https://boards.straightdope.com/t/illegal-to-telemarket-to-cell-phones/150811/4 "2003-01-25T05:02:02Z")
> [@](#): > > \*Originally posted by friedo \* > It is illegal to make telemarketing calls to cellphones. Sometimes telemarketers’ lists of cell prefixes gets out of date. If you inform the caller that they’re calling a cellphone, they should hang up immediately. If they don’t, they’re with an unscrupulous scam organization. In this case, try to extract as much information about them as possible and complain to the FTC. Wrong. The Telephone Consumer Protection Act (TCPA) prohibits both for-profit and non-profit marketers **from using an automatic telephone dialing system (including predictive dialers) to call any device when the called party is charged unless that called party has given prior, express consent.** As long as a real human calls you on a cell phone, it’s legal. A computer cannot. See: - [http://www.fcc.gov/cgb/consumerfacts/tcpa.html](http://www.fcc.gov/cgb/consumerfacts/tcpa.html) - [http://www.the-dma.org/library/guidelines/tcpa.shtml](http://www.the-dma.org/library/guidelines/tcpa.shtml) - [http://www.the-dma.org/library/guidelines/wirelessmarketing.shtml](http://www.the-dma.org/library/guidelines/wirelessmarketing.shtml) ---
**Author:** ![BobT](https://avatars.discourse-cdn.com/v4/letter/b/8e8cbc/32.png) [@BobT](https://boards.straightdope.com/u/BobT)\ **Post date:** [January 25, 2003, 5:03am UTC](https://boards.straightdope.com/t/illegal-to-telemarket-to-cell-phones/150811/5 "2003-01-25T05:03:17Z")
I’m not quite sure where this article comes from, but I don’t believe it is illegal to telemarket to a cell phone. [http://callcompliance.com/cci/jsp/media/hometocell.html](http://callcompliance.com/cci/jsp/media/hometocell.html) ---
**Author:** ![peri](https://avatars.discourse-cdn.com/v4/letter/p/67e7ee/32.png) [@peri](https://boards.straightdope.com/u/peri)\ **Post date:** [January 25, 2003, 6:25am UTC](https://boards.straightdope.com/t/illegal-to-telemarket-to-cell-phones/150811/6 "2003-01-25T06:25:36Z")
Telephone Consumer Protection Act of 1991 prohibits telemarketeing to cell phones _with the use of an automatic dialer, if the called party is charged for the call._ [http://www4.law.cornell.edu/uscode/47/227.html](http://www4.law.cornell.edu/uscode/47/227.html) Title 47, Chapter 5, Subchapter II, Part I, Sec. 227(b)(1)(A)(iii) and Sec. 227(b)(2)© Illinois’ Do-Not-Call registry is scheduled to go into effect July 1, 2003. ---
**Author:** ![Richard\_Pearse](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/richard_pearse/32/13144_2.png) [@Richard\_Pearse](https://boards.straightdope.com/u/Richard_Pearse)\ **Post date:** [January 25, 2003, 6:42am UTC](https://boards.straightdope.com/t/illegal-to-telemarket-to-cell-phones/150811/7 "2003-01-25T06:42:37Z")
Do you get charged if someone calls your cellphone? ---
**Author:** ![BobT](https://avatars.discourse-cdn.com/v4/letter/b/8e8cbc/32.png) [@BobT](https://boards.straightdope.com/u/BobT)\ **Post date:** [January 25, 2003, 6:56am UTC](https://boards.straightdope.com/t/illegal-to-telemarket-to-cell-phones/150811/8 "2003-01-25T06:56:46Z")
> [@](#): > > \*Originally posted by Skogcat \* > \*\*Do you get charged if someone calls your cellphone? \*\* With nearly every plan, yes you do. Most people get a certain number of minutes to use on the phone and the meter is ticking whether or not the calls are incoming or outgoing. On my plan, the only exception is for calling Customer Service. ---
**Author:** ![Cazzle](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/cazzle/32/75_2.png) [@Cazzle](https://boards.straightdope.com/u/Cazzle)\ **Post date:** [January 25, 2003, 7:16am UTC](https://boards.straightdope.com/t/illegal-to-telemarket-to-cell-phones/150811/9 "2003-01-25T07:16:49Z")
They do in the US, **Skogcat**. Shh, don’t let Telstra know!! ---
**Author:** ![John\_Mace](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/john_mace/32/185_2.png) [@John\_Mace](https://boards.straightdope.com/u/John_Mace)\ **Post date:** [January 25, 2003, 7:27am UTC](https://boards.straightdope.com/t/illegal-to-telemarket-to-cell-phones/150811/10 "2003-01-25T07:27:17Z")
This is intersting. I’ve been thinking that it must be illegal. I get 10+ telemarketing calls every day on my land line, but have never gotten even 1 on my cell. ---
**Author:** ![friedo](https://avatars.discourse-cdn.com/v4/letter/f/8edcca/32.png) [@friedo](https://boards.straightdope.com/u/friedo)\ **Post date:** [January 25, 2003, 7:57am UTC](https://boards.straightdope.com/t/illegal-to-telemarket-to-cell-phones/150811/11 "2003-01-25T07:57:24Z")
> [@](#): > > \*Originally posted by Duckster \* > \*\*Wrong. > > The Telephone Consumer Protection Act (TCPA) prohibits both for-profit and non-profit marketers **from using an automatic telephone dialing system (including predictive dialers) to call any device when the called party is charged unless that called party has given prior, express consent.** > > As long as a real human calls you on a cell phone, it’s legal. A computer cannot. > \*\* Right, and all telemarketing firms use automatic dialers. The only case where a real human would be calling you is if you’ve given them your number before. ---
**Author:** ![friedo](https://avatars.discourse-cdn.com/v4/letter/f/8edcca/32.png) [@friedo](https://boards.straightdope.com/u/friedo)\ **Post date:** [January 25, 2003, 7:58am UTC](https://boards.straightdope.com/t/illegal-to-telemarket-to-cell-phones/150811/12 "2003-01-25T07:58:30Z")
Doh! I meant to also say that a real human could obviously get your number from someone else you’ve given it to. ---
**Author:** ![Snooooopy](https://avatars.discourse-cdn.com/v4/letter/s/ee7513/32.png) [@Snooooopy](https://boards.straightdope.com/u/Snooooopy)\ **Post date:** [January 25, 2003, 8:40am UTC](https://boards.straightdope.com/t/illegal-to-telemarket-to-cell-phones/150811/13 "2003-01-25T08:40:24Z")
I’m a telemarketer, and I talked to a woman who was on her cell phone while driving. As I recall, she decided to donate $20 to public television. ---
**Author:** ![DMark](https://avatars.discourse-cdn.com/v4/letter/d/e68b1a/32.png) [@DMark](https://boards.straightdope.com/u/DMark)\ **Post date:** [January 25, 2003, 9:02am UTC](https://boards.straightdope.com/t/illegal-to-telemarket-to-cell-phones/150811/14 "2003-01-25T09:02:15Z")
> [@](#): > > \*Originally posted by Snooooopy \* > **I’m a telemarketer** That is truly the most shocking thing I have seen anybody admit to on this board. In comparison, your profession makes even lawyers look good. ---
**Author:** ![MonkeyMule](https://avatars.discourse-cdn.com/v4/letter/m/9fc348/32.png) [@MonkeyMule](https://boards.straightdope.com/u/MonkeyMule)\ **Post date:** [January 25, 2003, 9:14am UTC](https://boards.straightdope.com/t/illegal-to-telemarket-to-cell-phones/150811/15 "2003-01-25T09:14:08Z")
> [@](#): > > \*Originally posted by DMark \* > \*\*That is truly the most shocking thing I have seen anybody admit to on this board. > > In comparison, your profession makes even lawyers look good. \*\* Man that just is not fair. We all have to eat, and while I am lothe to admit it, I to have done telemarkting. IT sucked, I felt like swear trash, AND I aspire to be a laywer and politiction. On second thought, maybe I should be flpgged and put under the Jail:smack: ---
**Author:** ![Snooooopy](https://avatars.discourse-cdn.com/v4/letter/s/ee7513/32.png) [@Snooooopy](https://boards.straightdope.com/u/Snooooopy)\ **Post date:** [January 25, 2003, 9:16am UTC](https://boards.straightdope.com/t/illegal-to-telemarket-to-cell-phones/150811/16 "2003-01-25T09:16:37Z")
> [@](#): > > \*Originally posted by DMark \* > \*\*That is truly the most shocking thing I have seen anybody admit to on this board. > > In comparison, your profession makes even lawyers look good. \*\* Oh, that’s precious. Have you not yet bothered to check out the telemarketing thread in IMHO, or did I just overlook you? ---
**Author:** ![Ms2001](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/ms2001/32/18463_2.png) [@Ms2001](https://boards.straightdope.com/u/Ms2001)\ **Post date:** [January 25, 2003, 11:00am UTC](https://boards.straightdope.com/t/illegal-to-telemarket-to-cell-phones/150811/17 "2003-01-25T11:00:13Z")
I used to be a telemarketer, and although we used an autodialer, I sold a couple concert tickets to a trucker on his cell phone once. He had his home phone forwarded to his cell. ---
**Author:** ![SC\_Wolf](https://avatars.discourse-cdn.com/v4/letter/s/eb9ed0/32.png) [@SC\_Wolf](https://boards.straightdope.com/u/SC_Wolf)\ **Post date:** [January 25, 2003, 3:10pm UTC](https://boards.straightdope.com/t/illegal-to-telemarket-to-cell-phones/150811/18 "2003-01-25T15:10:56Z")
Well, **Mr2001** , neither you, nor your autodialer had dialed his cellphone number. You had no possible way of knowing that his landline was forwarded to his cellphone number. By his own actions, there was an implied consent to receive any and all landline bound calls onto his cellphone. Legally, your company would have been in the clear. ---
**Author:** ![TheNerd](https://avatars.discourse-cdn.com/v4/letter/t/858c86/32.png) [@TheNerd](https://boards.straightdope.com/u/TheNerd)\ **Post date:** [January 25, 2003, 5:48pm UTC](https://boards.straightdope.com/t/illegal-to-telemarket-to-cell-phones/150811/19 "2003-01-25T17:48:55Z")
So what do I do about these “No Caller ID” calls to my cell that are invariably either hangups or a recorded message? What information do I need to gather, who do I complain to, and how much do the offenders get fined? ---
**Author:** ![Swede\_Hollow](https://avatars.discourse-cdn.com/v4/letter/s/3bc359/32.png) [@Swede\_Hollow](https://boards.straightdope.com/u/Swede_Hollow)\ **Post date:** [January 25, 2003, 10:45pm UTC](https://boards.straightdope.com/t/illegal-to-telemarket-to-cell-phones/150811/20 "2003-01-25T22:45:32Z")
> [@](#): > > \*Originally posted by TheNerd \* > \*\*So what do I do about these “No Caller ID” calls to my cell that are invariably either hangups or a recorded message? What information do I need to gather, who do I complain to, and how much do the offenders get fined? \*\* Many states have “don’t call” lists (Minnesota’s just took effect this month) which requires telemarketers (other than non-profits and political groups [the politicians couldn’t ban themselves, could they?]) to buy the state list and not call anyone on the list. Over half of all residential phones have been put on the list already for the state. There is also an on-again-off-again national no call list going through the U.S. Congress. Get yourself on the call list if it is available where you are, if not call your state and national congresspersons to push for the lists. [Next page](https://boards.straightdope.com/t/illegal-to-telemarket-to-cell-phones/150811.md?page=2)