How to STOP Telemarketers and Annoying Phone Calls - A Follow Up

Why 'Do Not Call' Registries Are Failing

Dawn Barler

There has been some concern over my first telemarketing article and I thought I would try to clear some issues up here. First, there is no "Do Not Call" registry that will ever work for one simple reason that being the people who, for whatever reason, refuse to educate themselves on how the world works. If you go to the National Do Not Call Registry at the following address:

https://complaints.donotcall.gov/complaint/complaintcheck.aspx?panel=2

You will see the following disclaimer:

"*Reminder: Even if your number is registered, charities, political organizations, and telephone surveyors may continue to call you. Companies with which you do business may also continue to call, unless you have asked them to stop calling you. If you have asked them to stop calling, please keep a record of the date you made the request and include that information in the comment section of any complaint you submit against that company. Click Here for more information about the companies that may continue to call the numbers on the Registry.

Debt collectors may also continue to call you whether your number is on the Registry or not. If you have a complaint about a debt collector, please click here to file your complaint. For more information about your rights regarding debt collectors click here"

If you go a bit further and click to check out information on companies that can continue to call even if you are on the "Do Not Call" list you will see that it allows calls from the following:

  • Political organizations
  • Charities
  • Telephone surveyors
  • Businesses with whom the consumer has an established business relationship

It further states that in order to establish a business relationship the call must be made within 18 months after the consumers last purchase, delivery, or payment. Finally, it ends with the fact that if the business has a signature from the customer agreeing to be solicited by themselves or one of their affiliates they have the right to call even if the consumer has registered with the "National Do Not Call Registry".

What this means is that every single time you sign an agreement without reading it you open yourself up to telemarketing calls. You can be angry about it, you can scream, you can say it is not fair, but in the end the business has taken the proper, legal steps it needs to call you and try to market their goods.

If you read my last article you will already know the answer to this dilemma. If you did not read it then the National Do Not Call Registry points it out for you. The only way to stop a company from calling you is to request that company to put you on its do not call list. Then the law will allow you to take further action. You have to make this request of every single company that calls you and you have to give them an appropriate allotment of time to cycle you out of their list. I also recommend asking for their do not call policy. This gives you the evidence you need to take legal action.

Despite popular belief you cannot sue a company if they have an agreement signed by you allowing them or their affiliates to call. This agreement is a form of contract and just like any other contract you should read anything you intend to put your John Hancock on. You can, however, sue if they call you too early in the morning or too late at night, if when you answer the phone it is a pre-recorded message, or if they continue to push you and you are in a non-rebuttal state. These rules also apply to bill collection agencies. A quick look at the Telephone Consumer Protection Act of 1991 (TCPA) can help you understand what laws a telemarketer or bill collector is required to follow.

By now you might be wondering what a "Do Not Call" registry is good for. They prevent what is considered "Cold Calling". A cold call is when a business has purchased your number and has no connection with you as a consumer. You can prevent these calls by requesting to be put on their company "do not call" list as well.

As a side note cold contact call lists are formed from companies that sell their consumer or registered user's information. This is another reason you should make sure to read the fine print before you sign or agree to join anything. Web sites, online businesses, and brick and mortar businesses may be selling your name, address, and phone number.

In truth, you will get nowhere by being mean to the telemarketer on the phone. They follow very strict guidelines that require you as an adult to make the correct request of them otherwise they will simply follow their training and put your number back on the call list. They have to make a living too and these people are not setting out to annoy you. They are just doing their jobs. Believe it or not some customers do not mind the calls and actually do make purchases.

Telemarketing is a very big industry because it works. Consumers buy products from telemarketers, hence businesses will continue to use them. The best way to stop the calls is to know your rights and take the proper actions. Otherwise you will get frustrated and so will those that have to call you.

Published by Dawn Barler

Words should have power. They should make your heart pound, your soul cry and your stomach turn. Words should be as formidable as a sharpened blade pressed against your neck. If not they are nothing but scri...  View profile

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