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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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