Federal court rules against FTC no-call list

CBS MarketWatch.com ^ | 9/24/2003 | William L. Watts

[kevkrom]

18 months, and they can no longer be contacted? Some investment customers don't make purchases for years, can take several years for investments to mature, or need change. SOme business have very long natural lapses between recurring business. And the govt is supposed to decide?

You're not paying attention -- are they active clients or not? If they are active clients, then the 18-month window doesn't apply.

[Professional]

No need to be foul, or obscene.

My phone doesn't ring from unwanted callers because I've done some very simple basic things to make sure it doesn't happen.

I WOULD expect that companies that I do business with, to stay in touch with me regarding their products, services, etc.. To not do so, is bad service, stupid, unprofitable, and lazy.

[BlazingArizona]

The free market was doing a fantastic, and profitable job, of fighting unwanted telephone solicitation. Qwest here in Washington provides not only caller id, but a message that tells callers that the number doesn't accept solicitations. My phone at home has both and the solicitation calls went from 2-4 per day to ZERO, immediately.

This area is served by Qwest, also. When Qwest introduced Caller ID, it gave every subscriber the option of blocking non-ID'ed calls ("blocked number blocking") This option just never worked: we get blizzards of calls from "Number blocked" and, of course, those are all telemarketers. Qwest now offers a new service, which you have to pay extra for, to block telemarketers. I prefer the national list to having to pay extra for the privilege of getting the privacy rights I'm already paying for.

Should the DNC list have gone into effect, the true beauty would have been realized by the left, MASSIVE unemployment. Overnight, pink slips well in excess of 1 MILLION people would have been delivered, 2 million according to the head of the telemarketing association.

In the Third World actually, where a large percentage of these calls actually originate. Good riddance.

[steve-b]

18 months, and they can no longer be contacted? Some investment customers don't make purchases for years, can take several years for investments to mature, or need change. SOme business have very long natural lapses between recurring business.

If you aren't contacting your client base at least once per year, if only to confirm that they haven't moved (or died), then I frankly have to question your competence.

[softengine]

You can hang no solitation signs if door to door salesmen become a problem. Without this list, there is no way to put a no solicitation sign on your phone number.

Exactly!!!< emphasis, emphasis, emphasis.......... damnit.

[NotJustAnotherPrettyFace]

Everyone should learn the magic words: "Put me on your 'Do Not Call' list."

How Is the Consumer in Charge?

The technology that offers consumers vastly expanded opportunities also puts consumers in charge and gives them choices. For example, if you would prefer that your credit record not be used for the marketing purposes just described, all you need do is call toll-free, 1-888-5OPT-OUT, to reach the National Opt-Out Center. This hot line was established by the three major credit bureaus - Experian, Equifax, and Trans Union LLC. You can leave your name, address, phone number, and Social Security number, and your name will no longer be used for pre-screening or any other marketing purpose by any of these bureaus. You will, of course, retain the right to obtain credit approval for a purpose that you initiate, such as securing a mortgage or a car loan.

Similarly, consumers can control the marketing phone calls they receive in their homes. Direct marketers supported rules made by the Federal Trade Commission that were mandated by the Telemarketing Sales Rule in 1996, and the Federal Communications Commission that were mandated by the Telephone Consumer Protection Act of 1992. Marketers who solicit you in your home are required to give you the name of their company and their telephone number; all telephone marketers are required to maintain lists of people who request that they not be called again. Under the law, the caller must keep a record of your request on a "do not call" list and may not make further telephone solicitations to your home. The law also allows consumers to file suit and collect damages for violations of the ruling.

[steve-b]

Nice try. When telemarketers pay for my phone bill (the way TV commercials pay for TV programs), get back to us.

[luck of the irish]

just the fact of being bothered to look at the caller ID is the problem. would you need to do so if these aholes did not call?

[Texas Federalist]

An Andy Roony suggestion was that the best thing to do for telemarketers is to tell them to "hold on a second . . .", then place the receiver of the phone on the table and continue about your day. When you hear the beeping sound coming from your phone, you know the telemarketer has given up on you and hung up. This certainly takes more of their time than merely hanging up on them and, if we all did this, would increase the cost of telemarketing tenfold as a one second hangup would take at least 10-15 seconds. He also suggested sending your junk mail back to the company that sent it to you in the postage paid envelope provided.

[OldFriend]

The last thing I wanted to do was give my name, phone number and email address to a national data base. Made no sense at all to me.

[anniegetyourgun]

I want to live in a telephonic-gated-community. I should have that option. If I can't....I'm liable to shoot my phone....or worse.

[Lazamataz]

I don't call people that don't want to talk with me.

Ooo! Ooo! Call me! I don't want to talk to you too!

[Professional]

Gee, if the cost of marketing doubled, tripled, or more, you don't think that the cost of goods and services will rise to match that?

The solution to the problem, was far worse. Technology today is not capable of enforcing, monitoring, screening the information. I will tell you, the industry of sales had no clue, on how to comply with this crap.

Screening one database with thousands of numbers, against another with millions, then screening for two or three more variables is something that virtually no software can do. I've worked for a few Fortune 100 companies. Uniformally, they cannot afford to keep up with the rapid change, and cost of software and hardware.

I'm not a professional computer person, but have used software and hardware extensively during my sales career. Compliance was to the point that the only option was NO calls PERIOD!

[Texas Federalist]

"The DNC list would have made it illegal for me to call my clients if they hadn't done business with me within 18 months. I would have been subject to a fine of up to $11,000. $11,000 fine for calling someone!? Due process, punishment fitting the crime?????"
____________________________________________

Actually, I believe the do not call list contains a provision that it does not apply to former or current customers of the business. That is why some of you that are on the list (or your respective state's list) still receive calls from your credit card company, phone company, etc. offering new services.

[NotJustAnotherPrettyFace]

Analogy for you:

Telemarketing calls are to telephones what unsolicited e-mail/spam is to computers/internet.

[Lynn]

If I don't like them calling I just hang up on them

Telemarketers do not pay my phone bill...I did not solicit their call either...This is more a matter of infringing on my time and privacy.

I also have caller ID so I know who is calling.

please explain then "Unknown Number, Unknown Name"

What happened to conservatives for free enterprise and capitalism?

No one is going after the business of telemarketing itself (free enterprise and capitalism)...Just a "Do Not Call" list (personal privacy) has been established as a vehicle for those who would rather not take part in telemarketing as a consumer. The overwhelming response given to the "Do Not Call" list of those who wish to not be bothered by telemarketers should serve as a reminder of free market capitalism, and the freedom to participate or not participate as per the foundings of this country... Just "hanging up" on them is not the issue...However, if they paid a portion of my bill then maybe they would reserve some right to tie up (as in unwanted call) my phone...

[Professional]

Commercials don't pay for your tv, nor do they pay your cable or dish bill. Who's to say that them paying for your programming, is enough? Shouldn't they have to send us money or something? Gee wouldn't that be a nice little fed program...

[Held_to_Ransom]

These Do not call lists are really just a business advantage for the mass scale telemarketing companies. The DNC lists just make it that much harder for the small local company, but all the more easier for the big guys. A big company will just negotiate a deal with your credit card company or such to provide them with a reason to call you anyways, and the DNC lists are a wonderful aid for direct mailers. THe worst thing about it is that it was the biggest outfits who were the biggest pests, particularly the outfits with large call rooms and thousands of low quality workers. Nowadays, these outfits are shifting their base to India and making the calls from there over the interneet. That's lets them avoid prosecution under the laws anyways, at least for now.

[Kimlee]

That is exactly right.

[NittanyLion]

Gee, if the cost of marketing doubled, tripled, or more, you don't think that the cost of goods and services will rise to match that?

Huh? That makes no sense at all.

The solution to the problem, was far worse. Technology today is not capable of enforcing, monitoring, screening the information. I will tell you, the industry of sales had no clue, on how to comply with this crap. Screening one database with thousands of numbers, against another with millions, then screening for two or three more variables is something that virtually no software can do. I've worked for a few Fortune 100 companies. Uniformally, they cannot afford to keep up with the rapid change, and cost of software and hardware. I'm not a professional computer person, but have used software and hardware extensively during my sales career. Compliance was to the point that the only option was NO calls PERIOD!

The IT end of it isn't difficult whatsoever. In that regard you're misinformed.