Hardly had I wrested myself from the arms of Morphius on this, the First Day of Telemarketing Freedom, when the phone rang. The Called ID display showed “Number Unavailable”, the dead give-away that this was a telemarketing call. Ah HAH! With all my numbers safely(?) ensconced on the National Do Not Call Registry, I let the answering machine kick in while I started to fill out a bank deposit slip for $11,000. “Hello, this is ‘Jim’ from American Residential Funding.” I could tell it was a recording (of course) so I prepared for the pitch. “I apologize that I was not able to speak with you personally, but here’s a message that I believe will benefit you.” Then there was the sound of two “Touch-Tone” tones and a second recording kicked in which contained the actual sales pitch (by an unidentified female), along with the number-to-call of 866-473-2378, but no mention of the name of the company.
I began to envision the resulting trial: “Jim, you stand accused of making telemarketing calls to a number on the NDNCR, how do you plead?” "Not guilty your Honor, I am not a telemarketer and I had nothing to sell. I only believed that the called party would benefit from hearing the third party message that I called forth. " “I see,” replied the Judge, “case dismissed. Consumer, call your next trial.”
“Your Honor, we call Consumer vs. an unidentified female of an unnamed company which MAY have an association with American Residential Funding, a company which has no known address or way to contact it.” (The Judge places his head in his hands and shakes it ruefully.) Now, in the unlikely event that this unidentified female could be found and forced to take the witness stand, she too would likely plead "Not guilty your Honor. I did not call the consumer. All I did was record a message, over which I had no control of its use. " “Case dismissed.” replied the Judge.
Is this how it’s going to be now? Telemarketing by proxy? A Catch 22 situation in which nobody is clearly in violation of the FTC’s little Can of Worms? What happens in a multi-line “roll-over” phone system where the first of several sequential numbers is NOT on the NDNCR (and therefore on the telemarketer’s fair-game list) when the incoming call rolls over to any one of the other lines which we will say, for the sake of argument, HAVE been entered on the NDNCR? :rolleyes:
Oh, and in the unlikely event that anyone is ever successfully prosecuted for a violation, who gets the $11,000? Somehow, I doubt it’s going to be me. More likely it will go into some Government slush fund of which I will never see the benefit. Who does the prosecuting anyway, me or the FTC? They are cetrainly not making it very easy to file a complaint. Just see if you can find a form to fill in or a “submit” button HERE. I also called the FTC number (1-888-382-1222) as the alternate way to file a complaint, only to be told the useful information that you cannot file a complaint before Oct. 1st. Well, DUH! Have they looked at a calendar lately?
God help us all.