In 1991 Congress passed an Act granting consumers rights to defend themselves against unwanted telemarketing calls.     A summary of these rights can be found at JunkBusters.     The Act outlawed various offensive practices, such as the use of recorded messages for solicitations.     It also called for the Dederak Communications Commission to "prescribe regulations to implement methods and procedures for protecting the privacy rights in an efficient, effective, and economic manner and without the imposition of any additional charge to telephone subscribers."     In other words, Congress wanted you to be able to stop telemarketers without having to pay.     The next sentence of the Act said that this "[may] require the establishment and operation of a single national database to compile a list of telephone numbers of residential subscribers who object to receiving telephone solicitations, and to make that compiled list and parts thereof available for purchase."     In other words, Congress wanted you to be able to put your number on a list that makes calling your number illegal.     The FCC decided against the idea of a single national database, preferring as more cost-beneficial what they called company specific Do Not Call Lists.     In other words, FCC decided to burden people with the task of telling every company to put their number on that companies list.     A decade later, a different agency, the FTC, did what the FCC would not.     You can now register your phone number(s) in the National Do Not Call Lists Registry or by calling 1-888-382-1222.

    Telemarketers always use a script.     Why shouldn't you?     Every time you get a call you consider junk, just ask the questions in the below script.     You may want to print a copy and keep it next to your phone.     If they answer no to any of the below you may be able to sue them.     Information on how to do this can be found at JunkBusters.

Questions you should ask and document if called are:

- Are you calling to sell something?''
    (or is this a telemarketing call, or "performing a survey" is telemarketing!)
- Could you tell me your full name please? **
- And a phone number, area code first? **
- What's the name of the organization you're calling for? **
- Does that organization keep a list of numbers it's been asked not to call? **
- I would like my number(s) put on that list.     Can you take care of that now? **
- Does the company you work for also make telemarketing calls for any other organizations?
  (If they answer no, skip the next question.
  (If yes)
- Can you make sure your company won't call me for any other organization? **

    You may need to ask to speak with a supervisor if they sound lost.     When you're ready to let them off, you might close with:   "Is it clear that I never want telemarketing calls from anyone?" and just say good-bye.

    If you feel like making them pay more for the phone charges, keep going:

- Will your company keep my number on its do-not-call list for at least 10 years? **
- Does your company have a written policy that says that on paper? **
- Can you send me a copy of it? **
- What's your supervisor's first and last name?
- What is your employer's business name, address and main telephone number?
- Are you calling for a tax-exempt nonprofit organization?' ++
- Is this call based on a previously established business relationship?' ++

If a previously established business relationship, ie, account, then ask for date(s) of said account and if it is still active.

    Before hanging up, check you have all their answers written down, then say good-bye.     Add the date and time to your record (i.e. only between 08-2100 local time allowed).     Nothing here should be taken as legal advice.     If they answer no to any question ending in ** you may be able to sue them for $500-$1500 under the Telephone Consumer Protection Act.

++    But, if the answer to either of the last two questions is yes, then the Act doesn't consider the call to be a solicitation, so it's not covered by many of its regulations.

    Also excluded are calls to business phone numbers.     In our efforts to reach new business owners, for example, we check City Business Licenses and perform a search for licenses the past seven days.     Many individuals do not have a business phone line; operate from their home, and therefore list their residential line.     In such situations, as a professional telemarketer, we will ask if this is "so and so" and the name of their business given in the registry.     If they say:   "No, you have the wrong number."   then we will appologize for the interruption and say good-bye.

    For more details, refer to JunkBusters.

[Source:   NCPOA Tips n' Topics, 28 Oct 06 ++]