Disconnecting telemarketers: FTC 'do-not' list seen reducing calls by 80%

New York Daily News ^ | April 14, 2003 | MICHAEL GOLDSTEIN

[sarcasm]

Relief is on the way. Telemarketers are at bay. The home phone may finally be reclaimed from their grasp.

The Federal Trade Commission has officially opened a nationwide "do not call" registry, which when implemented in July is designed to reduce unwanted calls by up to 80%.

It's better late than ever. Already do-not-call lists are maintained by over 25 states, including New York. And their experience suggests a nationwide version will have an important and immediate impact.

The Direct Marketing Association says $295 billion worth of goods was sold last year to Americans by telemarketers who number some 5.6 million people. But it's already a shrinking business.

New York's Do Not Call Telemarketing Registry, set up in 2001, already has 2 million registered.

Gwendolyn Vaughn, 66, of Jamaica in Queens said she would get at least two annoying calls a day.

"They came on as if they were your best friend, about how they could help you," she complained. "They seem to prey more on the seniors, and they use such high-pressure tactics. It was awful."

Vaughn contacted the state Consumer Protection Board to get on the New York list.

"Once I signed up, calls decreased dramatically, and became almost nonexistent," she said. "I'll definitely sign up for the federal list when it's available."

When the federal registry takes effect, telemarketers will be required to search it every 90 days and delete from their call lists phone numbers that are on the registry.

Telemarketers who ignore the FTC's list would face fines of up to $11,000. The bill also authorizes the FTC to collect fees from telemarketers using the list through 2007.

The federal do-not-call list was started in the House of Representatives by Rep. Billy Tauzin (R-La.), who launched it with a warning:

"If anyone holds this legislation up, we're prepared to give out their home phone numbers."

It passed the House with an overwhelming bipartisan majority of 418-7 and was signed by President Bush in February as part of a budget agreement.

But don't celebrate freedom from nuisance calls just yet.

First, the national list won't go into effect for more than six months. The FTC needs time to create the registry, for consumers to sign up, beginning in July, and for telemarketers to search the registry and "scrub" consumers from the lists, which they won't be forced to do until October.

The FTC also will have to harmonize the registry with state do-not-call lists and with the Federal Communications Commission, which has jurisdiction over insurance, banking, phone companies, credit card companies.

"We continue to work towards a national registry, a one-stop shop with one phone number to register," said FTC attorney David Torok.

The FTC is moving ahead with the program, despite a suit filed by telemarketers and their Direct Marketing Association, claiming 'do not call' violates free-speech laws and discriminates against an industry that provides millions of jobs.

"The issue is the FTC acting prematurely," said Louis Mastria, a DMA official, who listed a host of problems his group has with nationwide the do-not-call objective.

At the top of the list are the telemarketers' concerns over "infringing our first amendment right to advertise."

"Our lawsuit seeks to remedy the first amendment issue, the issue of which agency has authority, and the unfairness of treatment-different companies selling the same thing will be treated differently. A cable company selling broadband access would have to use the FTC list; a phone company would not," Mastria said.

The new law has several loopholes exempting charities, surveys, and political fundraising calls.

"While politicians get publicity for the list, the reality is only political calls are universally exempt," said Mastria.

And the telemarketers themselves think they're providing a public service.

"The telemarketing call is the one that annoys you," said Keven Brosnahan of the American Teleservices Association. "The valuable call is the one you don't think twice about."

Still, do-not-call lists derive from the growing clamor to protect consumer privacy, and that pressure has simply become overwhelming for the politicians who launched the effort to shut down telemarketers.

"Never underestimate the fury of the American public when they get interrupted at dinner," said Robert Pepper, chief of plans and policy for the FCC.

[Drago]

They are just now cracking down on TELEPHONE solicitation...how long before they address E-Mail SPAM? 40 more years?? The Gov. is ponderous!

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[Imal]

The argument that telemarketing is nothing more than free speech is absolutely false, and claiming so is a disgusting attempt to profane the Constitution.

Disturbing me in my home, on my property, without my permission, is nothing more than harassment at best and criminal trespass at worst.

There is nothing in the Constitution granting or protecting any right to disturb me in my home in any way shape or form. There is no such thing, and never has been.

No one has ever sold me anything by calling me without my prior consent, and no one ever will, so telemarketing is nothing more than a disturbance of my peace.

This legislation is long overdue, and it is well past time we were given the option to keep these sleazebags out of our homes. Period.

Imal

[Bella_Bru]

Crank calls are classified as harassment. Trying to rope me into some lame timeshare at 7am should be too.

[JoeSixPack1]

Even with computer dialing and incentive of a paycheck, how can a human being be so cold hearted as to have a job phone soliciting?

The gov't hasn't authorized the mega dose of prozac I would need to accomplish a day at the phone!

If the phone survived.:-)

[Straight Vermonter]

We stayed at a resort in Orlando last year. This year we have gotten at least 20 calls from this resort trying to get us to go back. There is nothing I can do about it. I tell them to take me off their list, I talk to supervisors I call the corporate office. The calls continue.

[DB]

It is time to do the same thing with Email. In fact it is past time...

[The Other Harry]

It is time to do the same thing with Email. In fact it is past time...

The email is a larger irritant to me than the telemarketing calls. I get upwards of 30 email solicitation a day, and about half of them are pornographic or otherwise offensive.

[raybbr]

...how can a human being be so cold hearted as to have a job phone soliciting?

Because, we are now a service-oriented society where most the skilled labor jobs have gone overseas. And, well, people need to eat.

[RWG]

Locally the problem is so severe that I do not connect my phone until I want to make a call. Everyone I know who would call also has email and I have alerted them to email first and let me know that they want a phone call.

[DB]

Same here. I'd happily sign up for a "do not Email" list.

I guess they would simply move all the spam Email servers to out of country so they aren't bound by the our laws...

[DB]

You must not be an employer...

[Lil'freeper]

I guess they would simply move all the spam Email servers to out of country so they aren't bound by the our laws...

They already have.

[Motherhood IS a career]

You can sign up for the NY Do-Not-Call List at https://www.nynocall.com/resident.html or by calling 1-86-NO CALL NY.

[Motherhood IS a career]

"The telemarketing call is the one that annoys you," said Keven Brosnahan of the American Teleservices Association. "The valuable call is the one you don't think twice about."

Yeah, right. I have yet to receive a "valuable call", so I'm willing to take my chances. My bet is, so are most people.

[Motherhood IS a career]

At the top of the list are the telemarketers' concerns over "infringing our first amendment right to advertise."

I don't recall the first amendment saying anything about a "right to advertise". Advertise all you want, but don't bother me in my home, where I have the right to PRIVACY!

[mongrel]

You already have an option. Every company is already required to maintain a do-not-call list which is sold with their calling list to other companies. All you have to do is ask to be placed on their do-not-call list as federal law requires. If they give you crap, ask them to mail you verification that they've placed you on the list (which they are also required to do if you ask). In about a month, your calls will decrease dramatically, and if you consistantly ask you will receive almost no calls in a few months.

[Hacksaw]

PA has a list which I finally signed up for.

I wonder though, why the feds are creating a list since the states seem to be handling it.

[shadowboxer]

At the risk of getting scorched here I would like to add my 2 cents worth. I am a market researcher and I work for a company that conducts telephone surveys. We employee about 1000 people and the majority of these people come to us as single parents with minimal education, few skills, and are former welfare recipiants. Most of our research is business to business but we also do some business to consumer surveys. The soon to be in effect national do not call lists will have major impact on my employer and the entire industry. But before you start throwing the confetti please consider this. If my company goes under it won't be easy but with my experience and education I can get another job. But the vast majority of our employees will be right back on welfare and you and I will be supporting them again. And there are hundreds of similar company's nationwide. Market research, charity funraisers, and political calls (politicians made sure to exclude themselves-but condeming us is a popular vote getter) are all exempted from the do not call lists, but most people don't know this. Do I get the sleazy siding sales calls, the long distance sales calls, and the time share calls, yes, but the power is in MY hand as I can hang up the phone. I don't need the goverment to babysit me! But to destroy the entire industry because of the fraud of some is ludicrous. As always we will pay for it in the form of ever increasing welfare rolls and unemployment benefits. Why not make the pentalies harsher for the scammers and go after them and put them out of business-why punish legitmate business? As always when you ask the goverment to get involved in something you can easily handle yourself (hang up the phone!) you inevitably create problems elsewhere. Thanks for listening and even if you don't like what I've said you can make the choice to move on to the next post without the goverment making your decisions for you.