Telemarketers and cell phones

[kaylasdad99]

Way back in the distant past, before I had a cell phone, I learned that it was against the law for a telemarketer to call a cell phone.

Well, now, I do have a cell phone, and I periodically receive calls from telemarketers on the line.

So my question is in two parts.

Part the first: Has there ever really been a law forbidding telemaketers from calling cellphones?
If the answer is “no, there has never really been such a law; it was an urban legend,” then Part the second: WHY THE HELL NOT, AND WHEN WILL THERE BE ONE?

If the answer is “Yes, of course, and it is still in force,” then Part the second: What’s the best method of visiting for the consequences for violating it upon the telemarketers?

And if the answer is “Yes but it is no longer in force,” then Part the second: WHO THE HELL TOLD THE LAWMAKERS THEY COULD REPEAL THAT LAW, AND HOW MAY I BEST VISIT SOME CONSEQUENCES UPON THAT PERSON?

[FalconFinder]

I’m not sure if there was a law or if there was one and it changed, but you can save yourself some hassle and register your cell number on http://www.donotcall.gov

Even though it was supposed to be unnecessary (which I guess points to some truth to your thoughts) I put mine on there.

If it’s going to use up my minutes, which are limited, there should be no calls coming to my cell phone that I did not initiate by giving my cell number to someone and expect them to call.

Anytime I’m out and stores or whatever ask for my phone number, I tell them I don’t give it out. They seem to accept that answer and leave it be.

[KneadToKnow]

Here’s the Snopes page on cell phones and telemarketers, with “additional information” links at bottom. I see no mention of there ever having been a “law” about telemarketers being forbidden to call cell phones.

As to “WHY THE HELL NOT, AND WHEN WILL THERE BE ONE?” you should call your congressperson and make him believe that your feelings are more important to him/her than whatever campaign contributions they get from the other side.

[Gfactor]

FCC regulations prohibit telemarketers from using automated dialers to call cell phone numbers. Automated dialers are standard in the industry, so most telemarketers are barred from calling consumers on their cell phones without their consent.

The federal government does not maintain a national cell phone registry. Personal cell phone users have always been able to add their numbers to the National Do Not Call Registry — the same Registry consumers use to register their land lines — either online at www.donotcall.gov or by calling toll-free 1-888-382-1222 from the telephone number they wish to register. Registrations become effective within 31 days of signing up and are active for five years. There is no cut-off date or deadline for registrations.

http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-258164A1.pdf

CNET: Product reviews, advice, how-tos and the latest news

Verizon Wireless said Wednesday it has settled a lawsuit it filed last month against a telemarketing company that was using an autodialing device to call Verizon customers and employees to advertise a children’s movie.

http://www.networkworld.com/news/2009/032509-verizon-settles-lawsuit-over-telemarketing.html

[Gfactor]

On a related note, many pre-recorded telemarketing calls (robocalls) are now forbidden.

http://www.miamiherald.com/news/action-line/story/1250022.html
http://www.fortbendnow.com/2009/10/01/40958

[CookingWithGas]

@FalconFinder

Anytime I’m out and stores or whatever ask for my phone number, I tell them I don’t give it out. They seem to accept that answer and leave it be.

This is a bit of a tangent but the reason they ask is that if a business has an established relationship with you, they’re allowed to make a telemarketing call to you even if you’re on the Do Not Call list. They ask for your phone number to build legal call list.

[Gfactor]

@CookingWithGas

This is a bit of a tangent but the reason they ask is that if a business has an established relationship with you, they’re allowed to make a telemarketing call to you even if you’re on the Do Not Call list. They ask for your phone number to build legal call list.

True:

(n) Established business relationship means a relationship between a seller and a consumer based on:
(1) the consumer’s purchase, rental, or lease of the seller’s goods or services or a financial transaction between the consumer and seller, within the eighteen (18) months immediately preceding the date of a telemarketing call; or
(2) the consumer’s inquiry or application regarding a product or service offered by the seller, within the three (3) months immediately preceding the date of a telemarketing call.

http://www.ftc.gov/os/2002/12/tsrfinalrule.pdf

(1)
It is an abusive telemarketing act or practice and a violation of this Rule for a telemarketer to engage in, or for a seller to cause a telemarketer to engage in, the following conduct:

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(iii) Initiating any outbound telephone call to a person when:

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(B)
that person’s telephone number is on the ‘‘do-not-call’’ registry, maintained by the Commission, of persons who do not wish to receive outbound telephone calls to induce the purchase of goods or services unless the seller
(i)
has obtained the express agreement, in writing, of such person to place calls to that person. Such written agreement shall clearly evidence such person’s authorization that calls made by or on behalf of a specific party may be placed to that person, and shall include the telephone number to which the calls may be placed and the signature6 of that person; or
(ii)
has an established business relationship with such person, and that person has not stated that he or she does not wish to receive outbound telephone calls under paragraph (b)(1)(iii)(A) of this section

• Id.*