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Registry doesn't stop all telemarketers, so some citizens fight back
Contra Costa Times ^ | 6/8/7 | Luke Stangel

Posted on 06/08/2007 7:45:48 AM PDT by SmithL

Paul Burnett enjoyed four years with almost no calls from telemarketers. That is, until Saturday.

The 64-year-old Alameda man is among more than 100 million Americans registered with the National Do Not Call Registry, which bans most telemarketing calls to people on the list.

The automated message Saturday sounded liked it was from a local carpet cleaning company. When Burnett tried to call the company back, the phone number wouldn't accept incoming calls.

Instead of shrugging it off as a minor annoyance, he filed a complaint with the Federal Trade Commission and posted the company's phone number on http://www.800notes.com, a privately run database of suspected illegal telemarketers.

"If you don't fight back, nothing will change," Burnett said. "If you do fight back, something might happen. The statistics are with the people who complain."

Not content with complaining to the government, a small group of citizens has taken it upon themselves to personally punish telemarketers who skirt federal privacy law.

They've published online do-it-yourself kits, with suggestions such as blowing an airhorn into the phone when a telemarketer calls or carefully gathering evidence to build successful lawsuits against telemarketing schemes.

Last year, roughly 375,000 Americans filed 1.1 million complaints with the Federal Trade Commission about telemarketers. In the four years since the National Do Not Call Registry was launched, the commission has settled 29 cases against the country's worst telemarketing firms.

Bob Arkow, a 56-year-old Santa Clarita phone technician, said he has sued dozens of telemarketing firms in the past decade, collecting about $25,000 in total under the Federal Communications Commission's Telephone Consumer Privacy Act, another federal law regulating telemarketing.

He was one of the first to join the National Do Not Call Registry, and he said he has changed tactics as the number of illegal calls dropped. Instead of suing, these days he tries to waste as much of a telemarketer's time as possible.

"They have a 3 percent success rate," Arkow said. "For every 100 people they call, they had to annoy all these people to get two or three sales. ... If every consumer causes a telemarketer to spend a minute on the phone, the industry will grind to a halt."

An activist in Sacramento launched a blog, http://www.killthecalls.com, after he won $6,160 from three small-claims lawsuits against telemarketers. Filing the suits cost him $195 in court fees and three hours of his time.

"If you think you're getting telemarketing calls illegally, use every resource at your disposal," Federal Trade Commission spokesman Mitch Katz said. "We can't go after every small company in the country. We just don't have the resources for them, because we go after companies that have thousands of complaints against them. But there are a lot of ways you can go about fighting back, if you will."

The Federal Trade Commission isn't the only government agency charged with policing the National Do Not Call Registry. At various times, the Federal Communications Commission and state attorney general's office investigate registry violations.

In the past four years, the state attorney general's office publicized two investigations against telemarketers. It settled one of those lawsuits in 2004 for $100,000.

A spokesman for a telemarketing industry group said most large companies now scrupulously abide by the registry.

The law dealt a heavy blow to traditional telemarketing -- strangers cold calling at dinnertime to sell products and services -- as large telemarketing firms found 40 percent to 50 percent of their contact lists slip away, said Bard Chodera, president of the West Coast chapter of the American Teleservices Association.

The Federal Trade Commission can fine telemarketers as much as $11,000 per illegal call, and have -- notably winning a $5.4 million settlement against DirecTV and several telemarketing firms working for DirecTV. That high-profile case in the early days of the registry made companies take notice.

"Those days (of cold calling) are long gone," Chodera said. "As we like to say, 'Nobody likes to be the lead story on "60 Minutes" anymore.' The companies that I know are absolutely anal about playing totally by the rules. They have full-scale compliance departments, they attend all the compliance seminars and actually overprotect and overscrub their lists."

In the past four years, the big telemarketing firms adapted by scaling back their cold calling sales centers and turning to e-mail and direct mail marketing, Chodera said.

The problem today, he says, is with "renegades" -- like the carpet cleaning service Burnett encountered -- who know the rules but intentionally break them.

By all accounts, the National Do Not Call Registry has been successful in significantly cutting down the number of unsolicited telemarketing phone calls. In a pair of government-commissioned surveys in 2004 and 2005, 92 percent of those polled said they had received fewer telemarketing calls after joining the registry.

But some calls still slip through. And as long as they keep coming to Burnett's house, he'll keep reporting them, even though he knows the government gets inundated with complaints.

"If you don't call or write to these agencies, they won't know that these bad guys are out there," Burnett said. "Folks like myself are the eyes and ears of these agencies, so they have to rely on our reports."


TOPICS: Business/Economy; Crime/Corruption; Government
KEYWORDS: donotcall; telemarketers; telemarketing

1 posted on 06/08/2007 7:45:52 AM PDT by SmithL
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To: SmithL
these days he tries to waste as much of a telemarketer's time as possible.

me too, I string them along as long as I can, for example if they are a mortgage broker I tell them I was just thinking about a refi on my $5 million mansion, and on and on and on for ten or fifteen minutes, then a good cussing-out when it sounds like they are geting wise to me.

2 posted on 06/08/2007 7:51:47 AM PDT by ccmay (Too much Law; not enough Order.)
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To: ccmay

I put them on hold.


3 posted on 06/08/2007 7:53:37 AM PDT by devnull (In a 5-4 Decision We Trust)
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To: devnull

with recordings, I just set the phone down so it runs it’s full course. I come back later and hang it up.


4 posted on 06/08/2007 7:56:23 AM PDT by IllumiNaughtyByNature (I buy gas for my SUV with the Carbon Offsets I sell on Ebay!)
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To: SmithL

I liked Seinfeld’s way of handling it: “I can’t talk to you right now; could you give me your home number so I can call you back? You’re not comfortable with me calling you at home? Now you know how I feel.”


5 posted on 06/08/2007 7:56:40 AM PDT by NRA1995 (Hillary sings like Granny Clampett auditioning for "American Idol")
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To: SmithL

Caller ID works. Don’t know the number on the caller-id screen? Don’t answer the phone.


6 posted on 06/08/2007 7:57:19 AM PDT by Keith in Iowa (Life's a bitch...don't let one be elected president.)
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To: SmithL
This will crack you up - pranking a telemarketer.

http://howtoprankatelemarketer.ytmnsfw.com/

7 posted on 06/08/2007 7:59:21 AM PDT by Dumpster Baby ("Hope somebody finds me before the rats do .....")
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To: SmithL

I didn’t join any do not call registry, but here’s what I did to stop the calls dead in their tracks..

One evening as I was sitting down to dinner, the phone rang and a young lady was on the phone inquiring about my interest in purchasing some land in north georgia. (this was before the big boom and prices going out of control).

I decided to play along with her and got excited about the offer..the more excited I got, the more excited she got and after about 10 minutes of conversation, she was convinced she “had one”..then we got to the details..was (xxx) my home address..”yes”..was (xxx) my home phone number..”yes, you called me on it”..then it got to income..she asked what the annual family income was and I said, “Well, I’m unemployed but my wife works part-time, will that work??” SHE hung up on me after wasting a good 15-20 minutes on the phone..result?? when they sold their list, my name showed up as unemployed and ALL calls stopped within 30 days..


8 posted on 06/08/2007 7:59:50 AM PDT by GeorgiaDawg32 (Every Democrat Party cause eventually becomes a business then it degenerates into a racket.)
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To: ccmay

There was a hilarious recording circulating several months ago—some guy who enjoys tormenting telemarketers picked up the phone and pretended to be a police detective investigating a murder, and getting the telemarketer involved and ultimately terrified as the “detective” could be heard giving orders for the police to go interrogate him about being the imaginary victim’s gay lover. I’m laughing just thinking about it. Does anyone have the link? Lord, it was funny, and I’ll bet that telemarketer never called anybody again.


9 posted on 06/08/2007 8:01:02 AM PDT by Fairview ( Everybody is somebody else's weirdo.)
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To: SmithL
DANG, I just went through this yesterday!

The calls have crept back lately so I sat down with my caller ID and reported all of them to the complaint department for the Do Not Call Registry.

I also found out that my number "expires" on this list soon and I will have to re-enlist.
10 posted on 06/08/2007 8:05:57 AM PDT by elizabetty (Perpetual Candidate using campaign donations for your salary - Its a good gig if you can get it.)
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To: devnull

I bought a phone zapper.

It signals a “phone discconnected” tone for a little bit, then lets my phone ring.

It defeats any auto-dialer.

We pass it around the family because you only have to use it for a month, then your number gets put on the “disconnected” list.


11 posted on 06/08/2007 8:06:17 AM PDT by MeanWestTexan (Kol Hakavod Fred Thompson)
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To: SmithL

http://howtoprankatelemarketer.ytmnsfw.com/


12 posted on 06/08/2007 8:16:03 AM PDT by tiger-one (The night has a thousand eyes)
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To: Keith in Iowa
Caller ID works. Don’t know the number on the caller-id screen? Don’t answer the phone.

That's what I do, but if the same number keeps coming up I'll do a Google search to see who it is and then (as appropriate) I add the number to my blacklist. The blacklist option from my VOIP provider prevents their call from coming through at all. The telemarketer will get an anonymous recorded message that my phone number does not accept their call.

This function also came in handy when one of my daughter's friends called late one school night and woke me up. The next day daughter says: "She's sorry for calling so late, she won't do it again." To which I replied: "Yes, I guarantee it."

13 posted on 06/08/2007 8:16:47 AM PDT by whd23
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To: Fairview

The prankster is Tom Mabe, and you can hear the call at http://www.compfused.com/directlink/4906/


14 posted on 06/08/2007 8:20:26 AM PDT by Slings and Arrows ("I AM A SEXY SHOELESS GOD OF WAR!!!" --http://www.giantitp.com/comics/oots0439.html)
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To: ccmay
My current problem is with telemarketers who are calling legally since we were a previous contact.

I don't want _any_ telemarketing calls _ever_.

I feel bad after the poor fools call this number and I read them the riot act--but hopefully they will choose a more productive line of work after suffering my abuse. :-)
15 posted on 06/08/2007 8:23:54 AM PDT by cgbg (A cigar a day keeps the liberals away.)
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To: SmithL
I'm on the do-not-call list and I've only gotten one telemarketing call in the last year; but I'm still inundated with calls from outfits I've never heard of that are or claim to be surveys or charities. They're just as noxious. And then there's the political campaign commercials.

The one telemarketing call sounded like a criminal enterprise phishing for banking information. The local sheriff's office agreed that's probably what it was but said there's nothing that can be done beyond hanging up on them, since most of these guys are offshore and beyond the reach of American law.

16 posted on 06/08/2007 8:30:02 AM PDT by snarkpup (We need to replace our politicians before they replace us.)
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To: Dumpster Baby

I haven’t listened to that in months. Hysterical. Thanks for posting the link!


17 posted on 06/08/2007 8:34:23 AM PDT by Tanniker Smith (I didn't know she was a Liberal when I married her.)
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To: SmithL

THANKS TONS, FOR THIS.

SOCK IT TO EM!


18 posted on 06/08/2007 8:37:06 AM PDT by Quix (GOD ALONE IS GOD; WORTHY; PAID THE PRICE; IS COMING AGAIN; KNOWS ALL; IS LOVING; IS ALTOGETHER GOOD)
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To: snarkpup
Because of the "surveys" and donation requests, I signed up for Verizon Iobi. Once the marketers call, their number can be blocked.
19 posted on 06/08/2007 9:08:43 AM PDT by Sgt_Schultze
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To: SmithL

A friend tells telemarketers that if they call again he’ll kill them. He has had no calls-back.


20 posted on 06/08/2007 9:35:32 AM PDT by pabianice
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To: Keith in Iowa

That’s my thought exactly, but when I say that I always hear “But what if it’s an emergency?”

To which I answer:

1) If you need me in an emergency, don’t block your number

2) If you have an emergency, call 9-1-1, not me.


21 posted on 06/08/2007 9:46:35 AM PDT by Larry Lucido (Duncan Hunter 2008 (or Fred Thompson if he ever makes up his mind))
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To: Slings and Arrows

Oh, God, that’s so funny, I just listened to it again and nearly laughed myself into an asthma attack. I need to wipe my eyes now. The best part is when Mabe is pretending he’s going to call the Littleton PD Homicide Division and says, “Now, don’t let that scare you, it’s just a formality.”

Thanks so much for that, now I have it bookmarked so I can have an asthma attack anytime I feel like it! ;-)


22 posted on 06/08/2007 9:48:11 AM PDT by Fairview ( Everybody is somebody else's weirdo.)
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To: SmithL
I was being inundated at home with spam faxes. I was getting up to 20 faxes a day on stock deals, vacation deals and ironically enough, printer cartridge deals.

I simply turned my fax to manual instead of auto-pickup and every time I got a fax call from a number I did not know I refused to accept the fax. At night I would turn the fax machine off. After three failed attempts they automatically take you off their list.

23 posted on 06/08/2007 9:58:16 AM PDT by Republican Red (The word "courage" is not in the liberal vocabulary)
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To: All

I tell them, in my best Don Imus voice, to “get off of my phone!”


24 posted on 06/08/2007 11:31:56 AM PDT by battlegearboat
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To: Keith in Iowa
"Caller ID works. Don’t know the number on the caller-id screen? Don’t answer the phone."

Works if you want to sit around and listen to the phone ring without answering the call. That tactic doesn't keep them from calling again, it almost ensures that they will keep calling.

We report calls to the DNC registry and answer the phone with a string of colorful language. That usually ticks off the caller so badly that will stop calling (guess they showed us, didn't they?).

25 posted on 06/08/2007 11:37:58 AM PDT by JustaDumbBlonde (America: Land of the Free Because of the Brave)
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To: Keith in Iowa
Caller ID works. Don’t know the number on the caller-id screen? Don’t answer the phone.

Except they say "private," as do a lot of my acquaintances. I'm seriously considering not picking up "private" anymore. My acquaintances will have to talk to the answering machine.

26 posted on 06/08/2007 11:40:57 AM PDT by Aquinasfan (When you find "Sola Scriptura" in the Bible, let me know)
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To: Fairview

My pleasure. I would LOVE to do that to a phone spammer!


27 posted on 06/08/2007 12:01:47 PM PDT by Slings and Arrows ("I AM A SEXY SHOELESS GOD OF WAR!!!" --http://www.giantitp.com/comics/oots0439.html)
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To: Aquinasfan
Except they say "private," as do a lot of my acquaintances. I'm seriously considering not picking up "private" anymore. My acquaintances will have to talk to the answering machine.

I don't answer 'private' calls - if it's important, they can leave a voice-mail message. And the really important people in my life also have my cell phone number (which I've only given to close friends & family members) for emergencies.

28 posted on 06/08/2007 12:16:55 PM PDT by Keith in Iowa (Life's a bitch...don't let one be elected president.)
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To: GeorgiaDawg32

A friend of mine, who is an evangelical Christian, told me that whenever a telemarketer calls he tells them that in order for him to listen to their speech, they have to listen to him for 2 minutes first. When they agree, he starts the converstion with “Do you know Jesus as your personal Lord and Savior?” At that point the telemarketer will either hang up, or give him a chance to tell about Jesus. He said it is a win/win situation for him.


29 posted on 06/08/2007 12:21:20 PM PDT by Muzzle_em (A proud warrior of the Pajamahadeen)
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To: MeanWestTexan

I bought one of those telezappers too. It reduced my telemarketer calls by 95%. If only I could get the political pre-recorded messages to stop. I used to get non-stop messages on behalf of Baron Hill-D Indiana via a liberal union activist front group telling me to complain to the Republican Mike Sodrel’s office about high gas prices. I kept trying to contact the union to get them to stop harassing me but they don’t accept calls.


30 posted on 06/08/2007 4:29:33 PM PDT by boop (Now Greg, you know I don't like that WORD!)
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To: ccmay

“these days he tries to waste as much of a telemarketer’s time as possible.’

My feelings on the efficacy of this can best be expressed in a joke from long ago.

Bob asked Neil to watch over his herd of hogs while Bob was in town. Bob said, “If they get thirsty, you can take them down to the river for a drink.”

“Okay,” said Neil.

When Bob came back later in the day, he found a sweaty, red-faced Neil staggering out of the pig pen carrying a big boar hog.

Neil asked, “What are you doing, Bob?”

“I’m taking the hog down to the river to get a drink, like you said.”

“Well, you could just drive the whole herd down to the river, rather than carrying each pig by itself. Doesn’t it take an awful long time to water the hogs that way?”

“Sure, it takes a long time,” said Bob. “But what’s time to a pig?”


31 posted on 06/08/2007 4:35:58 PM PDT by gcruse
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To: ccmay
I had on telemarketer talk me into buying aluminum siding. It was great! I told him what state I lived in, how much my electric bill runs in the summer and the winter, and how many square feet my home is. When he started taking down the details to close the sale, he asked me how long I’d owned my house.

I asked what did he mean. He asked what year I bought my house. I explained that I lived in a rented apartment.

The telemarketer got really upset for some reason, and hung up.

32 posted on 06/08/2007 4:46:15 PM PDT by gitmo (From now on, ending a sentence with a preposition is something up with which I will not put.)
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To: Fairview
some guy who enjoys tormenting telemarketers picked up the phone and pretended to be a police detective investigating a murder, and getting the telemarketer involved and ultimately terrified as the “detective” could be heard giving orders for the police to go interrogate him about being the imaginary victim’s gay lover. I’m laughing just thinking about it. Does anyone have the link? Lord, it was funny, and I’ll bet that telemarketer never called anybody again.

I remember hearing that one recently in a maintnenance training course I was taking a few months ago... Funny as all get out!! That telemarketer never knew what hit him!!

the infowarrior

33 posted on 06/09/2007 2:41:15 AM PDT by infowarrior
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