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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
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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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