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Do Not Call List: Complaints


Larry

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Larry,

Depending on the company, you also may want to file a complaint with the company who is calling. When they call back again, ask (or demand) a supervisor. The person or persons you have talked to, may not be relaying the information.

Get everyone's name that you talked to, who they work for (not just who they represent b/c most of the callers work for companies who are hired by the major companies to do this work.)

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What I'd like to do, especially for those telemarketers who do things like call back 17 times, or who won't let go of your phone line until their recording runs out, is

1) Record the call

2) Then sue them.

For making harassing phone calls. Far as I know, every jurisdiction has laws against making harassing phone calls.

If the company wants to claim that "We weren't calling for purposes of harassment, we were calling to sell aluminum siding", my response will be that that's a matter for a jury to decide, and I want a jury to decide whether a telemarketer calling the same phone number 17 times is harassing or not. :)

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I also find myself wondering why my local district attorney doesn't have somebody to handle the most offensive complaints. Seriously, if you're a district attorney, can you think of a better way to get re-elected than taking telemarketers to court on behalf of your citizens?

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Thing is sometimes if you buy something that requires a signature, or subscribe to a magazine, etc.. you give them and ALL of their subsidiary companies permission to call for years. Even if you send in a warranty card. It's very sneaky how they get around the law, and how they manage to trick you into giving them permission.

Four years ago I stopped at a mall kiosk for Bath fitter and asked them to send me a brochure. The sent me one brochure and tried to set me up an appointment with a salesman. I din't set the appointment, was no longer interested.

They STILL call to this day even though I've told them to stop.

~Bang

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Thing is sometimes if you buy something that requires a signature, or subscribe to a magazine, etc.. you give them and ALL of their subsidiary companies permission to call for years. Even if you send in a warranty card. It's very sneaky how they get around the law, and how they manage to trick you into giving them permission.

Four years ago I stopped at a mall kiosk for Bath fitter and asked them to send me a brochure. The sent me one brochure and tried to set me up an appointment with a salesman. I din't set the appointment, was no longer interested.

They STILL call to this day even though I've told them to stop.

~Bang

Like I said: I'd really like to sue. I'd like to set a legal precedent that calling someone more than, say, four times, for the same solicitation, constitutes harassment. (And is, therefore, criminal.)

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What I'd like to do, especially for those telemarketers who do things like call back 17 times, or who won't let go of your phone line until their recording runs out, is

1) Record the call

2) Then sue them.

For making harassing phone calls. Far as I know, every jurisdiction has laws against making harassing phone calls.

If the company wants to claim that "We weren't calling for purposes of harassment, we were calling to sell aluminum siding", my response will be that that's a matter for a jury to decide, and I want a jury to decide whether a telemarketer calling the same phone number 17 times is harassing or not. :)

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I also find myself wondering why my local district attorney doesn't have somebody to handle the most offensive complaints. Seriously, if you're a district attorney, can you think of a better way to get re-elected than taking telemarketers to court on behalf of your citizens?

According to a quick internet search, Virginia is a "one party consent" state, which means as long as one party of the phone conversation (yourself) consents, it is legal to record. Maryland requires that all parties consent. D.C. is a "one party" district.

http://www.rcfp.org/taping/states.html

Of course, if you tell them that you are recording these conversations with the intent to sue, they might just stop calling.

ETA: I hope you get the ****s.

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Florida requires permission of both parties. Which seems really stupid, to me. If I'm talking to you, then the only reason why I'd want it to be illegal for you to record, is if I'm planning on telling you something, and then, later, claiming I didn't say it.

Gee, you mean, if one party was allowed to record phone calls, then we'd have a bunch of employees suing their bosses for ordering them to do illegal things, and then claiming they didn't tell them that? You mean, telemarketers would be scared that somebody might actually record the promises that they make?

If I'm having a conversation with you, then how can I claim that I have an expectation that the conversation is private from you?

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Florida requires permission of both parties. Which seems really stupid, to me. If I'm talking to you, then the only reason why I'd want it to be illegal for you to record, is if I'm planning on telling you something, and then, later, claiming I didn't say it.

Gee, you mean, if one party was allowed to record phone calls, then we'd have a bunch of employees suing their bosses for ordering them to do illegal things, and then claiming they didn't tell them that? You mean, telemarketers would be scared that somebody might actually record the promises that they make?

If I'm having a conversation with you, then how can I claim that I have an expectation that the conversation is private from you?

When they call, just say that you need their permission to record the conversation before you can talk. I think the threat of a law suit might stop them where asking them nicely (and not so nicely) will not.

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1) If all I want is for them to hang up on me, I'd just hang up.

In fact, that's what I do do.

2) This particular telemarketer is a recording.

According to the site above, in Florida:

In Cohen Brothers, LLC v. ME Corp., S.A., 872 So.2d 321 (Fla. Dist. Ct. App. 2004), the District Court of Appeal for the Third District of Florida held that members of a limited liability company’s (LLC) management committee did not have a reasonable expectation of privacy with respect to participation in telephone conference calls with other committee members to discuss continued financing of the LLC, and thus could not hold the committee members liable for recording the conference calls.

A federal appellate court has held that because only interceptions made through an “electronic, mechanical or other device” are illegal under Florida law, telephones used in the ordinary course of business to record conversations do not violate the law. The court found that business telephones are not the type of devices addressed in the law and, thus, that a life insurance company did not violate the law when it routinely recorded business-related calls on its business extensions. Royal Health Care Servs., Inc. v. Jefferson-Pilot Life Ins. Co., 924 F.2d 215 (11th Cir. 1991).

I don't know if it's possible to turn that around and say that since they are using a business line to contact you, they don't have an expectation of privacy. I could be completely wrong though. Sounds like something to take to a lawyer who might be interested in prosecuting for you. He'd be able to tell you if you'll get in trouble or not.

It is rather silly that a recorded communication cannot be recorded by you. It's already recorded!

I guess another way to go would be to start recording, then state loudly that you will be recording the conversation, and that by continuing the phone call they are giving consent to be recorded. Don't know if that works for recorded messeges or not.

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  • 3 years later...

So, what's it gonna take, for the government to actually enforce the Do Not Call list?

I've received two phone calls today from 503-902-8127. "Hi, this is Tom from Home Protection".

I search on the internet. The company's been calling people for months (they've been calling ME for months.) They use multiple phone numbers, to keep you from blocking them. Apparently 425-390-8149 is the number they used to call me on the 4th.

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I'm getting like a phone call a day from a recording from "The Credit Card Center with important information about my credit card". (Apparently a scam "reduce your interest rate" site that uses several faked phone numbers.)

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What's it gonna take, for the government to actually do something about this?

Heck, how about a simple law that criminalizes "spoofing" Caller ID? (Heck, what would be so hard about demanding that the phone company build their systems so that spoofing caller ID doesn't work?)

I keep swearing that I'm gonna simply have the landline removed from the house. Is that really the only way to escape from the home invasion?

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I kept having some shady and secretive timeshare company call me 3 and 4 times per day, every day for months. Finally, I decided to start playing along and over the course of several phone calls I managed to get their company information from them and on the final call I conned them all the way to the point that they thought I was going to give them my credit card information to buy a time share, at which point I said that I'd feel more comfortable speaking with a manager. When the manager got on the phone I proceeded to blast him out of the water with 3 months of pent up frustrations and reading back to him all of his company's name and address information (data which they did not want to provide but did piece by piece over the course of successive phone calls). As I was blasting the supervisor I told him that if my number was not removed from the list I would answer the call every time and then I would fake interest in the time shares thereby wasting no less than 30 minutes of his employee's time before shutting them down. When I finished the manager just laughed and hung up on me. My wife looked at me and laughed saying, "Feel better dear?" Never got another phone call from them...so yeah I do. :evil:

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I kept getting calls about boner pills. no idea why. anyway, after a few weeks of it, I decided to flip the script.

I re-dialed their number on my work phone and just left it off the hook until they hung up (they would sometimes sit there for 30 seconds saying "hello?"). i did this about 20 times one day. They never called me again!

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As I've said before, jerks keep calling or trying to fax dumb crap to this land-line. I'm on the list. It's gotten to the point where I just ignore the damn land-line whenever it goes off, because I know 100% that it'll be some jerk telemarketer.

The worst is when they call during dinner, when I'm trying to watch the news. Go away, let me watch TV in peace

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there are some companies that just do not care about the do not call list, the favourite one around me is for duct cleaning. First few times I was polite, telling them no not interested, then after a few more calls, I reminded them that they have called before and I am still not interested, even reminded them I am on the DNC list. Then I just started lying, telling them there are no air ducts in this home, just to try and get them to stop calling but that did not work.

Finally, a guy called me as I was fighting a bamboo problem in my backyard, barely heard the phone and ran to get it only to hear" hello, do you need your air ducts cleaned?" and I freakin lost it on the guy, demanding to know where the office was so I could personally drive down and lay a smackdown on him, his supervisor, the IT guy who set up the autodialer, anyone I could get my hands on. I threatened them with a violent, merciless beating bare handed and with weapons- both common and improvised, and then said that if I got another call from them I would repeat all those horrible actions on their children.

Haven't gotten a call since.

I am not worried about being charged with uttering a threat, since I am on the DNC list here in Canada, and have a record of the 18 times I asked to be put on their DNC list, so if they want to report me to the police, they will also be admitting to breaking the law themselves.

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