Legal question regarding telemarketing...

My girlfriend/roommate is on a weird schedule, and sleeps during the daytime.

Everyday she gets a call from a telemarketer. I tell them that she is never available in the daytime, but they always call back the next day.

Since the phone bill is in my name, can I tell the telemarketers something to the effect of, “Look… this phone is in my name. Please take her off your calling list.” Or, does my girlfriend have to actually request to be taken off, since she is the one the call is going to?

Thanks!

Why not just have her turn off the phone ringer while she’s sleeping?

Oh, okay, I see what you’re saying–you’re answering the phone, while she’s sleeping?

What state do you live in? Different states have different laws.

Otherwise, just do what I do–as soon as you realize it’s a telemarketer, just say, “We’re not interested, thank you”, and hang up the phone. Don’t wait for “closure”, 'cause they’re not gonna give it to you–they’re gonna keep on talking. Just gently put the phone back in the cradle. If it’s the exact same telemarketer who keeps calling her, then after s/he’s been officially told, at this phone number, by someone (you), “We’re not interested”, then s/he can officially check this phone number off the list and move on. And the calls from that particular telemarketer should stop.

I always say “Please put me on your ‘Do not call’ list”, not just “We’re not interested”. Since there are monetary penalties for calling people after they’ve said that, it works.

As to the legal question, IANAL by any stretch, and this isn’t even based on a guess about the law, but I would feel perfectly OK to tell them “go away” for my roommate.

The Federal Trade Commission’s Proposal to Create a National “Do Not Call” Registry

http://www.ftc.gov/bcp/conline/pubs/alerts/dncalrt.htm

To delete your name from many telemarketing lists, write to the Direct Marketing Association. Fax your request to: 212-790-1427; or register online at:

Here’s a pretty good summary of Telemarketing Law.

Common sense tells me that the phone number is the issue, the name of the person being asked for, if any, is secondary. Heck, you could say that you were Mary (or whatever her name is) and tell them not to call. They may not believe you, but they can’t prove that they’re not talking to Mary–maybe she has a deep voice.:wink: