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2003 Feb 17 17:23

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Re: [vox] [OT] telemarketing calls
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Re: [vox] [OT] telemarketing calls

On Mon, 17 Feb 2003, Nicole the Wonder Nerd wrote:

> <google search>
> Ah, here it is.  The Telephone Consumer Protection Act, passed 1991, apparently
> also known as 47 U.S.C. section 227. [1]  227(b)(1)(B) specifically outlaws
> prerecorded pitches:
> "Unsolicited prerecorded telephone solicitations to residential telephone lines
> without prior express consent or prior business relationship are prohibited."
>   http://www4.law.cornell.edu/uscode/47/227.html

The loop-hole phrase in the legislation there is "prior business
relationship". If you buy a car, prior business relationship... years
later you'll get a phone call at 9am going "hey, it's about time to trade
in your car isn't it? How about a brand new 2003 model!". Likewise, the
politicians have obviously left themselves a loophole so they could do
automatted campaigning like they did in the November elections with all
those pre-recorded messages by various political bigwigs endorsing certain

It is far easier to nail the companies on the basis of when the call was
made or refusal to put you on their DNC (do-not-call) list. Telemarketers
are only allowed to call between 9am and 9pm... so if they call outside
that time frame, nail 'em (tried to convince my roommate of this when a
telemarketter called her at 8:30am, but no go... she's only barely
learning to ask to be put on the DNC list). If they call back after you've
asked to be put on the DNC list, nail 'em. I'm actually still waiting to
see if AT&T calls me back about their local calling plan. The person I got
on Friday, even after I said "no, I don't need it. Please do not call me
again" three times, was still blathering on with "but.." until I had to
hang up on her. Technically, if AT&T calls me back again, they are in
violation, since I clearly, three times, said "do not call" and gave their
agent ample time to disposition my call as a DNC. Plus, several dialing
systems, even on a hang-up call, will leave the script up asking for a
disposition if none has been entered when the call ends, at which point
the agent should have entered DNC.


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