Telemarketing
calls
Federal law
protects residential telephone customers
from most unwanted telemarketing calls.
Most violations occur when a business
calls to advertise the sale of goods or
services. There are two main types of
calls: calls by live operators and those
made by a recorded voice.
Most commercial
advertising calls to a residence or
cellular phone made by a recorded voice
violate the law, and can result in a
minimum of $500 damages paid to the
resident. This amount can be increased by
the court to up to $1,500 per violation if
the caller acted willfully or knowingly.
In many cases, residents can sue
telemarketers for money damages.
Live telemarketing
calls that advertise for-profit businesses
are heavily regulated, and can also result
in damages up to $500 to $1,500 per
violation, when more than one illegal call
has been made. First, telemarketers that
advertise for-profit businesses are not
allowed to call numbers that have been on
the national do-not-call list for a
certain period of time. You can add your
home number to the list, or file a
complaint with the Federal Trade
Commission here: https://www.donotcall.gov
The Federal
Communications Commission also accepts
complaints about violations. Although it
can’t hurt to complain to both, I suggest
you complain to the FCC, because they are
in charge of administering the Telephone
Consumer Protection Act. You can file a
complaint with the FCC here: http://svartifoss2.fcc.gov/cib/fcc475.cfm
Be wary of private organizations that try
to charge a fee to reduce unwanted
telemarketing calls.
Additional rules for
telemarketing calls that are covered by
the act:
- Recorded-voice messages must, at the
beginning of the message, identify the
person or business responsible for
making the call
- Recorded-voice messages must provide
a telephone number for the person or
business responsible for making the call
- No telephone solicitations to
residences are allowed after 9:00 pm or
before 8:00 am.
- Those who make telemarketing calls to
residences must maintain their own
do-not-call list, must have a written
policy available on demand, and must
train their employees.
- Residents can demand that a
telemarketer add their number to the
caller’s own do-not-call list. The
caller must honor this request within a
reasonable time (not more than 30 days).
This request must be honored for 5
years.
Some calls are exempt
from portions of the TCPA. One exception
is for callers who are tax-exempt
non-profit organizations. However, some
unscrupulous businesses hide behind
non-profit organizations to conceal the
true business purpose of their calls.
Another exception is for calls that do not
include or introduce an unsolicited
advertisement or telephone solicitation
(for example, political calls or
legitimate surveys). Other exceptions
include calls for emergency purposes,
non-commercial calls, and calls to people
who have an established business
relationship with the caller. If you are
receiving unwanted calls from a business
you have dealt with in the past, you can
end the business relationship by demanding
to be added to the company’s do-not-call
list.
Unsolicited Fax
Advertisements
The Telephone
Consumer Protection Act also prohibits
unsolicited advertising to fax machines.
Congress is currently considering
changes to the rules for unsolicited fax
advertising.
Violations of the fax
rules can result in a minimum of $500
damages for the recipient. This amount can
be increased by the court to up to $1,500
per violation if the sender acted
willfully or knowingly. In many cases,
residents can sue fax advertisers for
money damages. Anyone receiving an illegal
fax advertisement can recover damages –
whether the ad was received at home or at
a business.
Keep in mind that
this is just general information about
telemarketing and fax advertising. There
is much more to the law governing
telemarketing and fax ads. If you have a
specific legal problem, or if you think
you have a case against a telemarketer,
contact an attorney to see if she or he
can represent you.
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There are other laws
designed to protect people from particular
wrongful business practices.
Here are a few:
Lemon Law
Telemarketing
& Illegal Faxes
Truth in Lending
Act
Unfair
Debt Collection (FDCPA)
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