Story Created:
Sep 8, 2009 at 6:08 AM CST
Story Updated:
Sep 8, 2009 at 6:34 AM CST
(September 8, 2009)
Main Topic: With the new Robocall telemarketing laws. It is more difficult for consumers to know who can call them and who is prohibited from doing so.
What are the laws?
Robocalls - Newest law that went into effect on the 1st. of this month
As of this past September 1, the prerecorded telemarketing calls for expiring car warranties, lower credit card rates and other solicitations are officially prohibited by the Federal Trade Commission. This new requirement is one of several amendments to the FTC’s Telemarketing Sales Rule that was originally announced last year. Unless the telemarketer has obtained permission in writing from consumers who want to receive the calls, they can face penalties of up to $16,000 per call. Telemarketing calls to cell phones are already illegal due to FCC regulation, but the FTC’s newest ban will alleviate incoming “robocalls” to home and office phones.
The Federal Trade Commission’s rule changes do allow some “informational” recorded messages to continue as long as the message does not attempt to interest consumers in the sale of any goods or services. For example, it would be legal for a consumer to receive an automatic message regarding their flight time at the airport being changed. However, it would not be legal for the message to try and interest that consumer in joining a Web site promising lower flight rates and travel expenses. Consumers who continue to receive “robocalls” should file a complaint with their local Better Business Bureau at bbb.org and the Federal Trade Commission at www.donotcall.gov.
Do Not Call Laws (There are 2, 1 federal and 1 state)
Federal: Part of the Telemarketing Sales Rule we mentioned for the Robocalls.
If people sign up for the federal “Do Not Call” list telemarketers may not call.
Exceptions are those businesses that have a previous business relationship, charities and purely survey calls. However, if you tell them not to call again they are covered under the law. Political calls are not covered. This law covers only interstate calls.
To sign up:
State: Basically the same as the federal except it covers only intrastate and interstate. List is maintained by the Public Utilities Commission. Text messages are included.
Cell Phones: It is against Federal Communications Commission rules for telemarketers to make calls to cell phones. Note: contrary to rumor, cell phone numbers will NOT be published in a cell phone directory UNLESS the cell phone owner opts-in.
Scheme of the week: US Customs contacts you to give you money. Don’t believe it!
Another sad tale. This past week an elderly lady contacted us with a tale we hear too often. The lady had received a call from the US Custom Office in New ork City. She had the agents name and badge number. He told her that Publishers Clearing House was trying to deliver $500,000 to her from Costa Rico. The money was being held by US Custom in Miami. She was told to call a US Custom agent. She proceeded to call the “agent” in Miami. He told her to wire $5,000 for custom fees to his office in Miami. She wired the money. Of course, it was all a scam. US Customs had nothing to do with it. We had the unhappy chore of informing her that her money was gone.
We came across another US Custom scam that arrived via e-mail. It had the US Custom letterhead and picture of the director. In this case the consumer saw it for what it was and did not lose any money.
