Steve Quayle News Alerts

June 3, 2003

WASHINGTON, — Federal regulators are speeding up the launch of a national do-not-call list that will block many unwanted telemarketing calls.

THE FEDERAL TRADE Commission said Monday that telephone registration for the free service will be available nationwide in early July, nearly two months earlier than originally planned.

The FTC plans to launch a Web site on July 1 so consumers can register online. Telephone registration in states west of the Mississippi River will begin at the same time. Nationwide registration should begin a week later.

Beginning in September, telemarketers will have to check the list every three months to determine who does not want to be called. Those who call listed people could be fined up to $11,000 for each violation. Consumers would be able to file complaints by phone or online to an automated system.

The government said consumers should see a decrease in telemarketing calls after it begins enforcing the do-not-call list in October.

Know Your Telemarketing Rights

YOUR RIGHTS

"Do not call"
When you receive a telemarketing call, you can avoid future telephone solicitation calls from that business by clearly stating that you want to be added to the caller's "do-not-call" list. The caller must keep a record of your request for 10 years and cannot make any further calls to you. You can also remove your name from call lists by sending a letter to:

Telephone Preference Service
Direct Marketing Association
PO Box 9014
Farmingdale, NY 11735-9014.

The letter must include your full name, address, and signature.

File a complaint here: https://rn.ftc.gov/pls/dod/wsolcq$.startup?Z_ORG_CODE=PU02

DO'S

* Ask telemarketers for their company's name and address and a clear explanation of the offer they are making.

* Call the state attorney general's office or the local consumer protection service in your area and the state or city where the company is located. Ask if any complaints have been made against the firm.

* Ask about the company's refund policies.

* Ask the caller to send you written material to study before you make a purchase;

* Talk to family and friends, call your lawyer, accountant, or banker, and get their advice before you make any large purchase or investment.

DON'TS

* Don't ever pay for any prize or send any money to improve your chances of winning. It's illegal to make you pay to enter most contests.

* Don't allow any caller to intimidate or bully you into buying something "right now." If the caller says: "You must make up your mind immediately" or "We must have your money today," it's probably a scam.

* Don't give any caller your bank account number. They can use it to withdraw money from your account without your permission.

* Don't give your credit card number to anyone over the telephone, unless you made the call. Never wire money or send money by an overnight delivery service.

Paying money to win You need not pay any money or purchase anything to enter a sweepstakes or to win a prize. The caller must tell you the "no payment-no purchase" method of entering, and the odds of actually winning or the factors used to calculate the odds. If the caller says you have already won a prize, the caller must also tell you all the key costs associated with claiming the prize.

"Get your money back" promise These so-called "recovery rooms" are just a way to take advantage of you a second time. The caller may work for the same company that stole your money the first time, or may have bought that company's customer list. A caller who promises to recover or assist you in getting back money that you paid, or an item of value you were promised in a prior telemarketing call, cannot ask for or receive money from you until seven business days after you actually receive the promised money or other item.

No proof, no money A caller is prohibited from asking for payment or requiring you to pay for goods or services to remove negative information, or to otherwise improve your credit report, until after 1) the expiration of the period for providing you with all the promised goods and services, and 2) you receive documentation that the promised results have been achieved, in the form of a report from a credit reporting agency issued more than six months after the promised results were achieved.

* Tell the caller you want your telephone number to be removed from telemarketing lists if you don't want to be called. If calls continue, contact the police. It's illegal to call a person after they have asked to be removed from a list.

* Report suspicious telemarketing calls and excessive, unwanted mail solicitations or advertisements to your state attorney general, listed in your local telephone book and on the National Association of Attorneys General website (http://www.naag.org). You may also contact the Federal Trade Commission (http://www.ftc.gov/ftc/consumer.htm) for a consumer complaint form, or call 1-877-FTC-HELP.

More than two dozen states already have their own do-not-call lists or legislation pending that would create them. Most states plan to add their lists to the national registry, which will be financed by fees collected from telemarketers.

Telemarketers say the registry will devastate their industry and have sued the FTC on grounds the registry amounts to an unlawful restriction on free speech.

There are exceptions to the FTC’s do-not-call protections.

A company may call someone on the list if that person has bought, leased or rented from the company within the past 18 months. Telemarketers also can call people if they have inquired about or applied for something from the company during the past three months.

Charities, surveys and calls on behalf of politicians also are exempt.

Telemarketing laws
The most popular state law restricting telemarketers is the do-not-call list where the state maintains a list of people who don't want sales calls. Telemarketers who fail to heed to such a list are penalized. Other states do not generate their own lists but enforce consumers' do not call requests.

http://www.msnbc.com/news/921621.asp?0cl=cR