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Federal court rules against FTC no-call list
CBS MarketWatch.com ^
| 9/24/2003
| William L. Watts
Posted on 09/24/2003 8:47:38 AM PDT by SierraWasp
11:29AM Federal court rules against FTC no-call list by William L. Watts
WASHINGTON (CBS.MW) -- A federal judge in Oklahoma City ruled that the Federal Trade Commission didn't have authority to implement a popular do-not-call list shielding consumers from telemarketing calls, the Direct Marketing Association said. The court reportedly found that statutory jurisdiction for such a list rested with the Federal Communications Commission rather than the FTC. The DMA, a trade group representing telemarketers, brought the suit. In a statement, the organization said it "acknowledges the wishes of millions of U.S. consumers who have expressed their preferences not to receive" telemarketing solicitations. The DMA said it would work with the FTC and the FCC to "evaluate the practical implications" of the judge's decision, which was issued Tuesday.
TOPICS: Breaking News; Business/Economy; News/Current Events
KEYWORDS: donotcall; fcc; federales; ftc; telebastards; teleterrorists
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To: Professional
18 months, and they can no longer be contacted? Some investment customers don't make purchases for years, can take several years for investments to mature, or need change. SOme business have very long natural lapses between recurring business. And the govt is supposed to decide? You're not paying attention -- are they active clients or not? If they are active clients, then the 18-month window doesn't apply.
101
posted on
09/24/2003 9:59:45 AM PDT
by
kevkrom
(This tag line for rent)
To: Blue Screen of Death
No need to be foul, or obscene.
My phone doesn't ring from unwanted callers because I've done some very simple basic things to make sure it doesn't happen.
I WOULD expect that companies that I do business with, to stay in touch with me regarding their products, services, etc.. To not do so, is bad service, stupid, unprofitable, and lazy.
To: Professional
The free market was doing a fantastic, and profitable job, of fighting unwanted telephone solicitation. Qwest here in Washington provides not only caller id, but a message that tells callers that the number doesn't accept solicitations. My phone at home has both and the solicitation calls went from 2-4 per day to ZERO, immediately. This area is served by Qwest, also. When Qwest introduced Caller ID, it gave every subscriber the option of blocking non-ID'ed calls ("blocked number blocking") This option just never worked: we get blizzards of calls from "Number blocked" and, of course, those are all telemarketers. Qwest now offers a new service, which you have to pay extra for, to block telemarketers. I prefer the national list to having to pay extra for the privilege of getting the privacy rights I'm already paying for.
Should the DNC list have gone into effect, the true beauty would have been realized by the left, MASSIVE unemployment. Overnight, pink slips well in excess of 1 MILLION people would have been delivered, 2 million according to the head of the telemarketing association.
In the Third World actually, where a large percentage of these calls actually originate. Good riddance.
To: Professional
18 months, and they can no longer be contacted? Some investment customers don't make purchases for years, can take several years for investments to mature, or need change. SOme business have very long natural lapses between recurring business. If you aren't contacting your client base at least once per year, if only to confirm that they haven't moved (or died), then I frankly have to question your competence.
104
posted on
09/24/2003 10:01:05 AM PDT
by
steve-b
To: DannyTN
You can hang no solitation signs if door to door salesmen become a problem. Without this list, there is no way to put a no solicitation sign on your phone number. Exactly!!!< emphasis, emphasis, emphasis.......... damnit.
105
posted on
09/24/2003 10:02:28 AM PDT
by
softengine
(Leftists - the preferred chew treat of 200lb Saint Bernards.)
To: Professional
Everyone should learn the magic words: "Put me on your 'Do Not Call' list."
How Is the Consumer in Charge?
The technology that offers consumers vastly expanded opportunities also puts consumers in charge and gives them choices. For example, if you would prefer that your credit record not be used for the marketing purposes just described, all you need do is call toll-free, 1-888-5OPT-OUT, to reach the National Opt-Out Center. This hot line was established by the three major credit bureaus - Experian, Equifax, and Trans Union LLC. You can leave your name, address, phone number, and Social Security number, and your name will no longer be used for pre-screening or any other marketing purpose by any of these bureaus. You will, of course, retain the right to obtain credit approval for a purpose that you initiate, such as securing a mortgage or a car loan.
Similarly, consumers can control the marketing phone calls they receive in their homes. Direct marketers supported rules made by the Federal Trade Commission that were mandated by the Telemarketing Sales Rule in 1996, and the Federal Communications Commission that were mandated by the Telephone Consumer Protection Act of 1992. Marketers who solicit you in your home are required to give you the name of their company and their telephone number; all telephone marketers are required to maintain lists of people who request that they not be called again. Under the law, the caller must keep a record of your request on a "do not call" list and may not make further telephone solicitations to your home. The law also allows consumers to file suit and collect damages for violations of the ruling.
To: Professional
Nice try. When telemarketers pay for my phone bill (the way TV commercials pay for TV programs), get back to us.
107
posted on
09/24/2003 10:03:14 AM PDT
by
steve-b
To: hoosierboy
just the fact of being bothered to look at the caller ID is the problem. would you need to do so if these aholes did not call?
To: Lijahsbubbe
An Andy Roony suggestion was that the best thing to do for telemarketers is to tell them to "hold on a second . . .", then place the receiver of the phone on the table and continue about your day. When you hear the beeping sound coming from your phone, you know the telemarketer has given up on you and hung up. This certainly takes more of their time than merely hanging up on them and, if we all did this, would increase the cost of telemarketing tenfold as a one second hangup would take at least 10-15 seconds. He also suggested sending your junk mail back to the company that sent it to you in the postage paid envelope provided.
To: hoosierboy
The last thing I wanted to do was give my name, phone number and email address to a national data base. Made no sense at all to me.
110
posted on
09/24/2003 10:06:11 AM PDT
by
OldFriend
(DEMS INHABIT A PARALLEL UNIVERSE)
To: SierraWasp
I want to live in a telephonic-gated-community. I should have that option. If I can't....I'm liable to shoot my phone....or worse.
To: Professional
I don't call people that don't want to talk with me.Ooo! Ooo! Call me! I don't want to talk to you too!
112
posted on
09/24/2003 10:07:00 AM PDT
by
Lazamataz
(I am the extended middle finger in the fist of life.)
To: NittanyLion
Gee, if the cost of marketing doubled, tripled, or more, you don't think that the cost of goods and services will rise to match that?
The solution to the problem, was far worse. Technology today is not capable of enforcing, monitoring, screening the information. I will tell you, the industry of sales had no clue, on how to comply with this crap.
Screening one database with thousands of numbers, against another with millions, then screening for two or three more variables is something that virtually no software can do. I've worked for a few Fortune 100 companies. Uniformally, they cannot afford to keep up with the rapid change, and cost of software and hardware.
I'm not a professional computer person, but have used software and hardware extensively during my sales career. Compliance was to the point that the only option was NO calls PERIOD!
To: Professional
"The DNC list would have made it illegal for me to call my clients if they hadn't done business with me within 18 months. I would have been subject to a fine of up to $11,000. $11,000 fine for calling someone!? Due process, punishment fitting the crime?????"
____________________________________________
Actually, I believe the do not call list contains a provision that it does not apply to former or current customers of the business. That is why some of you that are on the list (or your respective state's list) still receive calls from your credit card company, phone company, etc. offering new services.
To: hoosierboy
Analogy for you:
Telemarketing calls are to telephones what unsolicited e-mail/spam is to computers/internet.
To: hoosierboy
If I don't like them calling I just hang up on them
Telemarketers do not pay my phone bill...I did not solicit their call either...This is more a matter of infringing on my time and privacy.
I also have caller ID so I know who is calling.
please explain then "Unknown Number, Unknown Name"
What happened to conservatives for free enterprise and capitalism?
No one is going after the business of telemarketing itself (free enterprise and capitalism)...Just a "Do Not Call" list (personal privacy) has been established as a vehicle for those who would rather not take part in telemarketing as a consumer. The overwhelming response given to the "Do Not Call" list of those who wish to not be bothered by telemarketers should serve as a reminder of free market capitalism, and the freedom to participate or not participate as per the foundings of this country... Just "hanging up" on them is not the issue...However, if they paid a portion of my bill then maybe they would reserve some right to tie up (as in unwanted call) my phone...
116
posted on
09/24/2003 10:07:46 AM PDT
by
Lynn
To: steve-b
Commercials don't pay for your tv, nor do they pay your cable or dish bill. Who's to say that them paying for your programming, is enough? Shouldn't they have to send us money or something? Gee wouldn't that be a nice little fed program...
To: hoosierboy
These Do not call lists are really just a business advantage for the mass scale telemarketing companies. The DNC lists just make it that much harder for the small local company, but all the more easier for the big guys. A big company will just negotiate a deal with your credit card company or such to provide them with a reason to call you anyways, and the DNC lists are a wonderful aid for direct mailers. THe worst thing about it is that it was the biggest outfits who were the biggest pests, particularly the outfits with large call rooms and thousands of low quality workers. Nowadays, these outfits are shifting their base to India and making the calls from there over the interneet. That's lets them avoid prosecution under the laws anyways, at least for now.
To: NotJustAnotherPrettyFace
That is exactly right.
119
posted on
09/24/2003 10:09:53 AM PDT
by
Kimlee
To: Professional
Gee, if the cost of marketing doubled, tripled, or more, you don't think that the cost of goods and services will rise to match that? Huh? That makes no sense at all.
The solution to the problem, was far worse. Technology today is not capable of enforcing, monitoring, screening the information. I will tell you, the industry of sales had no clue, on how to comply with this crap. Screening one database with thousands of numbers, against another with millions, then screening for two or three more variables is something that virtually no software can do. I've worked for a few Fortune 100 companies. Uniformally, they cannot afford to keep up with the rapid change, and cost of software and hardware. I'm not a professional computer person, but have used software and hardware extensively during my sales career. Compliance was to the point that the only option was NO calls PERIOD!
The IT end of it isn't difficult whatsoever. In that regard you're misinformed.
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