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Telemarketers Attempt to Get Around "No Call Lists" - Watch What You Sign
Snopes ^ | 27 July 2003 | Barbara "something to sting about" Mikkelson

Posted on 07/31/2003 9:31:12 AM PDT by SAMWolf

Claim: Telemarketers are luring those who've signed up for the national "Do Not Call" list by getting them to request coupons for free products.

Status: True.

This is to all of you that signed up for the "do not call" law. This week I received a card in the mail that looked alright — It said "vote for your favorite cola — Pepsi or Coke — and receive a complementary 12 pack" It didn't look suspicious — but for some reason I kept looking at it.

THEN I FOUND IT !! At the bottom of the card there is a VERY small statement. It is SO small it is hard to read—but here is what it says— By completing this form, you agree that sponsors and co-sponsors of this offer may telephone you, even if your number is found on a do not call registry or list"

This REALLY upset me and I just wanted all my friends to be aware of this way to get around the "do not call" law !! Just think how many people will send this in and their do not call registry will be NO GOOD !! The company's name is MARKET SOLUTION. Please send this to all your friends that signed up for "do not call". I think this is just one of what we will get in the future—so READ EVERYTHING before you SIGN AND SEND !! AND TELL YOUR FRIENDS ABOUT IT.!!!! PLEASE !!!

Origins: On 27 June 2003, the federal government implemented a national "Do Not Call" registry, giving those who did not want to be solicited by telephone an effective way to take themselves off call lists used by telemarketers. This warning about a phony vote for your favorite soda being used to circumvent the wishes of those opting out began appearing in inboxes in mid-July 2003, scant weeks after the registry went into operation.

We haven't seen a copy of specific come-on described in the e-mailed warning quoted above, but others like it certainly exist. A few examples can be found on the web, accompanying entry forms for sweepstakes conducted by a soap company and a web hosting outfit.

The national "Do Not Call" list does not shield consumers from every type of unwanted phone call. Political organizations, charities, and telephone surveyors are still free to make unsolicited calls without penalty, as are companies with which consumers have existing business relationships. It is this last exemption that provides ample reason for examining very closely any "too good to be true" offers, or for even rejecting them out of hand.

Filling out a survey form or mailing in a completed contest entry or taking some business up on its offer of free product might be construed as establishing a business relationship with that entity, a condition that would allow that group to make un-asked-for sales pitches over the telephone despite that particular consumer's inclusion on the national "leave me alone" list. (Specifically, the FTC rules allow businesses to have telemarketing contact for 3 months with customers who have requested information from them, and for 18 months with customers who have purchased something from them. No doubt companies will attempt to claim that a completed survey form or sweepstakes entry constitutes a request for information.)

We suspect we're going to see a number of smooth moves over the next few months as firms that engage in telemarketing of their products work to find ways to lure consumers back onto their call lists. Along with surveys and sweepstakes, we're expecting to see a number of "Free stuff!" offers hit the table as businesses attempt re-establish their telemarketing lists by giving away free product and claiming the recipients have "purchased" goods from them. We also expect this is going to go on until the government puts its foot down and clarifies what constitutes a "request for information" or a "purchase."

For the time being, those desirous of staying out of the clutches of telemarketers might do well to remember that "Something for nothing" never is.


TOPICS: Business/Economy; Culture/Society; Miscellaneous; News/Current Events
KEYWORDS: nocalllist; scam; telemarketing

1 posted on 07/31/2003 9:31:13 AM PDT by SAMWolf
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To: AntiJen; snippy_about_it; Victoria Delsoul; SassyMom; bentfeather; MistyCA; GatorGirl; radu; ...
Just an FYI - Heads up.

2 posted on 07/31/2003 9:32:01 AM PDT by SAMWolf (Drilling for oil is boring.)
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To: SAMWolf
Good info SAM, thanks for the ping.
3 posted on 07/31/2003 9:35:00 AM PDT by Soaring Feather
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To: SAMWolf
Thanks for the headsup, Sam!

These telemarketers are getting sneakier!

4 posted on 07/31/2003 9:38:11 AM PDT by Pippin (Bush/Cheney in '04)
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To: SAMWolf
Not much different than those checks you get in the mail for $3.50, with small print on the back saying that you agree to membership in some kind of shopping club for $16.00 a month. Always a good idea to read the small print, especially when someone is trying to "give" you something.

On the other hand, it's a way to get a free 12 pack of Coke for the price of a few unwanted calls.
5 posted on 07/31/2003 9:50:14 AM PDT by Larry Lucido
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To: SAMWolf
Mice type will get ya.
6 posted on 07/31/2003 9:51:21 AM PDT by OXENinFLA
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To: Larry Lucido
Oh, gawt, please don't whore yourself out to these scumbags for some sugarwater.
7 posted on 07/31/2003 9:55:19 AM PDT by norraad
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To: SAMWolf
Was it a "Business Reply" postage paid type card?

If so, tape it to a brick (address side showing) and mail it back to them. The USPS will charge them for the weight of the card. They don't care about anything it is taped to. Oh, and you might want to use a yellow highlighter on the offending small print, just so they get the "Message".

}:-)

8 posted on 07/31/2003 10:03:54 AM PDT by AFreeBird
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To: AFreeBird
LOL! I like the way you think. I always return the AARP application in the envelope they send - full of washers.
9 posted on 07/31/2003 10:07:30 AM PDT by SAMWolf (Drilling for oil is boring.)
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To: AFreeBird
Was it a "Business Reply" postage paid type card? If so, tape it to a brick (address side showing) and mail it back to them. The USPS will charge them for the weight of the card. They don't care about anything it is taped to.

The USPS will treat anything that obvious as trash, and not levy a charge. You're better off just returning (blank -- make sure you get rid of anything that IDs you) cards.

10 posted on 07/31/2003 10:07:40 AM PDT by kevkrom (This space for rent)
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To: SAMWolf
I would be very wary of any "mail in rebate" offers too!!
11 posted on 07/31/2003 10:07:44 AM PDT by Fresh Wind (Never forget: CLINTON PARDONED TERRORISTS)
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To: Fresh Wind
I would be very wary of any "mail in rebate" offers too!!

Good idea. Never thought about checking those.

12 posted on 07/31/2003 10:08:47 AM PDT by SAMWolf (Drilling for oil is boring.)
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To: SAMWolf
I appreciate you posting this - its good info. Thanks.

Wondering now if there is an "escape clause" written in the "do-not-call" laws allowing for this?

13 posted on 07/31/2003 10:10:09 AM PDT by strela ("Each of us can find a maggot in our past which will happily devour our futures." Horatio Hornblower)
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To: kevkrom
The USPS will treat anything that obvious as trash, and not levy a charge.

Once upon a time, I worked (IT) for a direct marketing company. I've seen brick/cards delivered by the USPS before. Now that was some 15 years ago, but they did deliver it.

Technically it is a properly address and postage paid "package". They may have modified their rules, I don't know.

14 posted on 07/31/2003 10:12:14 AM PDT by AFreeBird
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To: SAMWolf
I appreciate the warning.
15 posted on 07/31/2003 10:16:39 AM PDT by anniegetyourgun
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To: SAMWolf
Thank you for looking out for us, Sam....would you like to run for Govenor of California?
16 posted on 07/31/2003 10:20:12 AM PDT by smiley
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To: SAMWolf
We've never been bothered with many telemarketers but signed up for the no-call list and have been getting more calls than ever. Got two calls aready this morning.
17 posted on 07/31/2003 10:24:53 AM PDT by mtbopfuyn
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To: SAMWolf; DJ MacWoW
Thanks for the heads up.
Mom, might want to send this on to Dad and get his eyes to read this over just so he knows.
Unless he knows already.
18 posted on 07/31/2003 10:27:45 AM PDT by Darksheare ("I didn't say it wouldn't burn, I said it wouldn't hurt.")
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To: SAMWolf
Bottom line - there's no free lunch.
19 posted on 07/31/2003 10:44:33 AM PDT by astounded
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To: SAMWolf
The national "Do Not Call" list does not shield consumers from every type of unwanted phone call. Political organizations, charities, and telephone surveyors are still free to make unsolicited calls without penalty, as are companies with which consumers have existing business relationships.

This is my biggest complaint about the Do Not Call list. Political calls, charities and surveys are the kinds of calls I find the most annoying. Those are the ones I want to stop. Also, I expect that companies will begin to make calls under the guise of "surveys", then part way through will slip in an offer for their product. Essentially, the list is like campign finance reform, it sounds like a good idea on the surface but ultimatly won't accomplish anything, other than providing a minor stumbling block, that is easy to get around.

20 posted on 07/31/2003 10:47:35 AM PDT by usapatriot28
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To: astounded
There's another variation on this that has to do with the surveyor exemption. I got a survey call the other day, asking about my radio preferences. (BTW, this was for a very conservative talk station). Funny thing was, the "surveryor" did most of the talking about this stations shows. It occurred to me later, this is a way around do-not-call lists. We've had one in TN for a couple of years, so they've had time to find ways around it.
21 posted on 07/31/2003 10:49:36 AM PDT by Warren_Piece (Dont Panic!)
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To: SAMWolf
Looks like people are going to spend more time and effort to stay off the list than they did not answering the phone. LOL! Caller ID w/Call Intercept was all you needed. Works great and has for the last 2 years. Blackbird.
22 posted on 07/31/2003 10:54:24 AM PDT by BlackbirdSST
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To: smiley
would you like to run for Govenor of California?

LOL! No Way, Oregon maybe, we could use a Conservative, but id' neer get elected by the Willamette Valley Libs.

23 posted on 07/31/2003 11:01:35 AM PDT by SAMWolf (Drilling for oil is boring.)
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To: usapatriot28
Political calls, charities and surveys are the kinds of calls I find the most annoying.

I agree you with you there. I figure since there's usually a charge thet it's just another way for the State to raise revenue.

24 posted on 07/31/2003 11:03:36 AM PDT by SAMWolf (Drilling for oil is boring.)
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Be careful what you sign up for on the internet. Last week I "won" an $125 shopping spree. When I got bogged down in a multitude of personal questions, I checked the sites Privacy Policy.
In small print it gave all the business' sponsoring the site the right to phone me.
I told them to keep their prize
25 posted on 07/31/2003 11:11:38 AM PDT by catonsville
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To: Howlin; Ed_NYC; MonroeDNA; widgysoft; Springman; Timesink; dubyaismypresident; Grani; coug97; ...
Slimy lawyers, slimy spammers and slimy telemarketing folk. Critters of a kind...

Just damn.

If you want on the new list, FReepmail me. This IS a high-volume PING list...

26 posted on 07/31/2003 11:13:27 AM PDT by mhking
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To: AFreeBird; kevkrom
Can I mail a brick back to a junk-mail firm using the business reply envelope?
27 posted on 07/31/2003 1:56:04 PM PDT by Constitutionalist Conservative (http://c-pol.com)
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To: SAMWolf
There's only one way to handle junk mail--toss it immediately in the trash. My rule for mail is the same as for e-mail: If I don't recognize the addressee, or if it is obviously junk, it gets deleted. The only time I look for sales or discounts is when I'm searching for a specific item.
28 posted on 07/31/2003 2:16:40 PM PDT by giotto
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To: SAMWolf
I recently visitd my sister-in-law in Ohio.
Sunday morning 8 AM she got the first telemarket call of the day. By noon she had gotten another 4. I couldn't believe it!!
29 posted on 07/31/2003 2:31:11 PM PDT by Vinnie
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To: Constitutionalist Conservative
Thanks for the info. Interesting stuff. Mybe I can forward my junk mail to those who asked how to get more.
30 posted on 07/31/2003 2:41:32 PM PDT by SAMWolf (Drilling for oil is boring.)
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To: Constitutionalist Conservative
I figured they probably modified the rules.

Pitty.

31 posted on 07/31/2003 2:49:49 PM PDT by AFreeBird
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To: Vinnie; SAMWolf
And that's not the half of it. I politely told a phone solicitor that my mortgage had a pre-payment penalty and that I wasn't interested in his offer and I hung up on him. He called right back and tried to convince me that my penalty didn't matter. As soon as I figured out it was Tony again, I told him what I thought of him and his high pressured sales tactics, and that I couldn't believe he had the gall...I'm pretty sure he hung up about a minute and a half into my furious monologue. I just wish he had had the tape running!
32 posted on 07/31/2003 3:31:49 PM PDT by HiJinx (The Right person, in the Right place, at the Right time...)
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To: HiJinx
He called right back

Sounds like a death penalty case to me.

33 posted on 07/31/2003 3:49:20 PM PDT by SAMWolf (Drilling for oil is boring.)
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To: SAMWolf
LOL!!!

Time to run back downtown for the last work I'll do this week...and next...but I just had to stick around for your comment!

Have a great week-end SAM, I'll see you again sometime after the 8th.
34 posted on 07/31/2003 3:51:45 PM PDT by HiJinx (The Right person, in the Right place, at the Right time...)
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To: HiJinx
Enjoy. See you when you get back.
35 posted on 07/31/2003 4:10:34 PM PDT by SAMWolf (Drilling for oil is boring.)
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To: SAMWolf
Thanks for the heads up SAM.
36 posted on 07/31/2003 4:19:52 PM PDT by Dubya (Jesus saith unto him, I am the way, the truth, and the life: no man cometh unto the Father,but by me)
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To: SAMWolf
TANSTAAFL--or rather, TANSTAAFC/P.
37 posted on 07/31/2003 4:52:20 PM PDT by ChemistCat (Transformers look just as good by morning light as they did the night before.)
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To: ChemistCat
You got that right and most people still haven't learned it.
38 posted on 07/31/2003 4:58:02 PM PDT by SAMWolf (Drilling for oil is boring.)
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To: SAMWolf
I signed up 6 weeks ago for the Federal do not call list.

I just got a letter from my phone company trying to get me to send in to their association to keep from being called.

This is part of a secondary ploy to get my address on a junk mail list since they can't call me.

They kept saying "we'll do our best not to call you". Never a guarantee on not calling.
39 posted on 07/31/2003 5:02:51 PM PDT by George from New England
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To: Vinnie
About two months ago I started getting telemarketer calls at work. I was getting up to sixteen calls a day. I put my work number on the no call list. Now, I get no calls to interupt my job. I like it that way!!
40 posted on 07/31/2003 8:48:18 PM PDT by trussell (I need a new hobbie. FReeping doesn't count on a resume.)
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To: SAMWolf
So write down the phone number of the Clinton Liebrary or something. Geez, do I have to think of everything?
41 posted on 08/06/2003 7:55:18 AM PDT by steve-b
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To: George from New England
They kept saying "we'll do our best not to call you".

Why am I reminded of Bill Clinton's oath, in which he pledged to faithfully execute the office of President "to the best of my ability"?

42 posted on 08/06/2003 7:59:46 AM PDT by steve-b
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To: steve-b
I like that idea. :-)
43 posted on 08/06/2003 8:06:03 AM PDT by SAMWolf (Taxes are not levied for the benefit of the taxed.)
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To: steve-b
Two things I do. I do not refrain from using abusive language, I never had a call back. Second, unplug your phone at night. I pay for the bill, they don't.
44 posted on 08/06/2003 8:06:38 AM PDT by Never2baCrat
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