# Solicitation calls on a cell phone

**URL:** <https://boards.straightdope.com/t/solicitation-calls-on-a-cell-phone/134767>\
**Category:** Factual Questions\
**Created:** [October 31, 2002, 11:17pm UTC](https://boards.straightdope.com/t/solicitation-calls-on-a-cell-phone/134767 "2002-10-31T23:17:18Z")\
**Posts on this page:** 9\
**Page:** 1

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**Author:** ![TommyTutone](https://avatars.discourse-cdn.com/v4/letter/t/c4cdca/32.png) [@TommyTutone](https://boards.straightdope.com/u/TommyTutone)\
**Post date:** [October 31, 2002, 11:17pm UTC](https://boards.straightdope.com/t/solicitation-calls-on-a-cell-phone/134767/1 "2002-10-31T23:17:18Z")

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While this SHOULD be in the Pit, and it may still end up there, let me ask the question first: is it legal for companies to make telemarketing calls reaching a cell phone? I had thought that was the case as it ate into an owner’s air time and eventually money, but poking around on the net is leading me to believe otherwise.

My strategy for my home phone is to tell the salesperson “one moment please” and then sitting the phone next to my computer speaker (so they can listen to me play Everquest) as I hear they cannot hang up on you and some systems will automatically disconnect when they hear extended silence.  
Unfortunately, I would rather not use up my minutes to do this to the (so far) one company that has called.

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**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:** [November 1, 2002, 5:01am UTC](https://boards.straightdope.com/t/solicitation-calls-on-a-cell-phone/134767/2 "2002-11-01T05:01:11Z")

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For my 600th post … 😃

> [@](#):
>
> The Telephone Consumer Protection Act (TCPA) of 1991 was created in response to consumer concerns about the growing number of unsolicited telephone marketing calls to their homes and the increasing use of automated and prerecorded messages. The FCC has rules to aid consumers who wish to limit these uninvited calls.
> 
> …
> 
> Automatic telephone dialing systems, also known as “autodialers,” also generate a lot of consumer complaints.
> 
> Autodialers produce, store and dial telephone numbers using a random or sequential number generator. Autodialers are usually used to place artificial (computerized) or prerecorded voice calls. _Except for emergency calls or calls made with the prior express consent of the person being called_, autodialers and any artificial or prerecorded voice messages **may not be used** to contact numbers assigned to:
> 
> - any emergency telephone line;
> 
> - the telephone line of any guest or patient room at a hospital, health care facility, home for the elderly, or similar establishment;
> 
> - \*\*a paging service, cellular telephone service, or other radio common carrier service, if the person being called would be charged for the call; or
> 
> - any other service for which the person being called would be charged for the call.\*\*
> 
> (Emphasis mine.)

Source: [http://www.fcc.gov/cgb/consumerfacts/tcpa.html](http://www.fcc.gov/cgb/consumerfacts/tcpa.html)

So the answer is yes, you can receive telemarketing calls on your cell phone, however, there are exceptions as stated above.

Also, you have it backwards. I do not know it is true any longer, but the receiver cannot break the line, only the caller. So if some calls you, you answer, then again up, and the caller keeps the line open, if you agaoin pick up your phone, you will find you are still connected to that caller. Of course, there may be a timeout factor, and/or the issue may not be a moot point.

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**Author:** ![RealityChuck](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/realitychuck/32/195_2.png) [@RealityChuck](https://boards.straightdope.com/u/RealityChuck)\
**Post date:** [November 1, 2002, 1:42pm UTC](https://boards.straightdope.com/t/solicitation-calls-on-a-cell-phone/134767/3 "2002-11-01T13:42:23Z")

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> [@](#):
>
> Also, you have it backwards. I do not know it is true any longer, but the receiver cannot break the line, only the caller. So if some calls you, you answer, then again up, and the caller keeps the line open, if you agaoin pick up your phone, you will find you are still connected to that caller. Of course, there may be a timeout factor, and/or the issue may not be a moot point.

In New York, at least, the caller must break the connection when the receipient hangs up; hefty fines result. This was passed when someone needed to call an ambulance and was prevented by an automatic telemarketer that wouldn’t get off the line.

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**Author:** ![Mr.Slant](https://avatars.discourse-cdn.com/v4/letter/m/c57346/32.png) [@Mr.Slant](https://boards.straightdope.com/u/Mr.Slant)\
**Post date:** [November 1, 2002, 2:12pm UTC](https://boards.straightdope.com/t/solicitation-calls-on-a-cell-phone/134767/4 "2002-11-01T14:12:25Z")

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I researched this a while back. It was my impression that their FIRST call to your cell phone as a telemarketer is a $500 fine which you have a right of private action to collect in a local small claims court. I can’t find a cite though, and I’ll be late for work if I do any more research.

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**Author:** ![Urban\_Ranger](https://avatars.discourse-cdn.com/v4/letter/u/e9c0ed/32.png) [@Urban\_Ranger](https://boards.straightdope.com/u/Urban_Ranger)\
**Post date:** [November 1, 2002, 2:14pm UTC](https://boards.straightdope.com/t/solicitation-calls-on-a-cell-phone/134767/5 "2002-11-01T14:14:16Z")

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Just say “bugger off” and hang up the phone. What’s so difficult about this?

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**Author:** ![drachillix](https://avatars.discourse-cdn.com/v4/letter/d/48db29/32.png) [@drachillix](https://boards.straightdope.com/u/drachillix)\
**Post date:** [November 1, 2002, 3:32pm UTC](https://boards.straightdope.com/t/solicitation-calls-on-a-cell-phone/134767/6 "2002-11-01T15:32:08Z")

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> [@](#):
>
> \*Originally posted by Urban Ranger \*  
> \*\*Just say “bugger off” and hang up the phone. What’s so difficult about this? \*\*

Would you want to let a telemarketer do a 10 min presentation on your voice mail at $.35 a minute. I had a friend who was being bugged by an ex who racked up $40-$50 in cell charges leaving long voice mails 3-4 times a day.

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**Author:** ![Urban\_Ranger](https://avatars.discourse-cdn.com/v4/letter/u/e9c0ed/32.png) [@Urban\_Ranger](https://boards.straightdope.com/u/Urban_Ranger)\
**Post date:** [November 1, 2002, 3:33pm UTC](https://boards.straightdope.com/t/solicitation-calls-on-a-cell-phone/134767/7 "2002-11-01T15:33:47Z")

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Voice mail only kicks in when there’s nobody answering the phone, not when the phone is hanged up.

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**Author:** ![CookingWithGas](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/cookingwithgas/32/485_2.png) [@CookingWithGas](https://boards.straightdope.com/u/CookingWithGas)\
**Post date:** [November 1, 2002, 4:03pm UTC](https://boards.straightdope.com/t/solicitation-calls-on-a-cell-phone/134767/8 "2002-11-01T16:03:05Z")

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Many mobile phone companies do not charge you for incoming calls that last less than 30 seconds. So just hang up.

> [@](#):
>
> Would you want to let a telemarketer do a 10 min presentation on your voice mail at $.35 a minute. I had a friend who was being bugged by an ex who racked up $40-$50 in cell charges leaving long voice mails 3-4 times a day.

Who is getting charged for voicemails? I am on my third wireless company and you get charged airtime to call voicemail, just like any other call, but if in the first 2 seconds you realize it’s a message that you don’t even want to hear you just delete it. You don’t get charged for the connection that it takes for the caller to record the voicemail. And you can also retrieve voicemail from a landline phone without incurring any charge at all.

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**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:** [November 2, 2002, 12:26am UTC](https://boards.straightdope.com/t/solicitation-calls-on-a-cell-phone/134767/9 "2002-11-02T00:26:12Z")

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If you gave them your cell phone number, or they called your home phone and you had it forwarded to your cell phone, you probably won’t have much recourse.
