◄ Image Source: Telestarmarketing.com.au
According to Erica Elson, writing for lifehacker.com/, successful telemarketers have a 96 percent chance of getting turned down. That makes them extremely tenacious. Since the early beginnings of telemarketing in the early 1900s with the Multi-Mailing Company, telemarketers have “perfected the art of being disruptive and persistent enough to make a sale.” newinterestingfacts.com/
Fortunately, there are a few ways the consumer fight back.
There is a difference between telemarketing calls and robo calls. Both types are legal, but there are federal restrictions on their operations.
Image Source: pixabay.com
● Telemarketing Calls are live calls made by sales representatives to promote products or services. Telemarketing involves direct interaction with a salesperson.
● Robocalls are automated calls that deliver pre-recorded messages without a live person on the line and do not allow for real-time conversation.
Lately it seems that the calls start out with a recording, and if you recipient says much of anything, it transfers to an actual sales person. I didn’t find a name for these in my research, but I experience them daily.
Federal Telemarketing and Robocall Regulations
● Calls can be made between 8 AM and 9 PM local time.
● Calls are prohibited on federal holidays.
● Consumers can register on the National “Do Not Call Registry” to limit calls.
● Telemarketers must honor requests to not be called again.
● Exceptions exist for certain types of calls, such as political or charitable solicitations.
Good luck with the “Don’t call me again” requests. Some states may have additional restrictions on calling hours, holidays, and frequency. Check your state requirements.
List of Federal Holidays
● New Year's Day ● Birthday of Martin Luther King, Jr.
● Washington's Birthday/Presidents Day ● Memorial Day
● Juneteenth Independence Day ● Independence Day
● Labor Day ● Columbus Day
● Veterans Day ● Thanksgiving Day
● Christmas Day
Application of Regulations
● When you answer a call, the telemarketer must promptly tell you:
1) That it is a sales call or a call on behalf of a charity
2) The name of the seller or charity.
3) What the caller is selling or that it is asking for a donation.
4) The telemarketer must tell you the total cost of the product or service before asking for payment, and can’t charge your account until you have agreed to make a purchase or donation and to have that account charged for it.
● The telemarketing regulations do apply if you call in response to a recorded message and a sales pitch is made. If you call a company for your own purposes, for instance, to ask about a bill or to buy a particular product or service, and during the call the company tries to sell you something that you weren’t calling about.
● The telemarketing regulations do apply even when you make the call to the company in response to an advertisement or mailing if it’s about:
1) Credit card loss protection services.
2) Credit repair services
3) Services to recover money you’ve lost to fraud.
4) Offers to help you get a loan, for a fee upfront.
5) Investment opportunities.
6) Debt relief services.
7) Certain types of franchises and other business opportunities
Needless to say, there are no regulations requiring that the caller be “understandable” when they give you this information.
Primary Sources: legalclarity.org/do-not-call-implementation-act/ and : legalclarity.org/do-not-call-implementation-act/
◄Image Source: Freebies2deals.com
Your “Do-Not-Call” Rights
The federal Do-Not-Call Implementation Act, signed into law on March 11, 2003 to protect consumers from unwanted telemarketing calls, established the National Do Not Call Registry, a database where consumers can list their phone numbers to avoid most commercial telemarketing solicitations. Its purpose is to give individuals greater control over their privacy and reduce unsolicited sales calls.
How To Register
Registering a phone number on the National Do Not Call Registry is a free process.
● Consumers may register by calling 1-888-382-1222 directly from the phone they wish to register, but only that phone number can be registered during that call.
● On the website http://www.donotcall.gov., consumers can register more than one phone number at the same time, allowing you to list all your landlines and cell phone numbers
Once a number is registered, it typically appears on the registry the following day, though it can take up to 31 days for telemarketing calls to cease. Registration is permanent unless the consumer removes the number.
In addition to making sure that they don’t call numbers on the National Do Not Call Registry, companies must keep their own “no call” lists. Whether you register or not, it is your right to tell a telemarketer to put your number on the company’s no call list.” www.consumer.ftc.gov/articles/0052- stopping-unwanted-sales-calls
Some types of calls you may receive are not covered by the above regulations.
● Political calls
● Calls to take surveys
● Calls made in response to a letter, email or catalogue.
● Calls made by charities
However, if a telemarketer is hired by a charity to call seeking donations, the telemarketer must keep a “no call list”, and you can ask for your number to be put on that list to stop further calls on behalf of that charity. You can also ask if the caller is employed by a telemarketing company.
● Calls made in response to ads
Calls you receive as the result of your responding to an ad on TV, Internet, radio, magazine or other publication are generally not covered.
A robocall trying to sell you something is illegal unless the company calling has received written permission, directly from you, to call you that way. To get your permission, the company has to be clear it is asking to call you with robocalls. But beware; many companies trick you into giving this permission. Read the small print.
According to consumerreports.org/ “most irritating robocalls are done by scam artists or fly-by-night businesses that don’t really care whether or not you asked to not be called. Consumer complaints about unwanted calls dominate gripes filed with the Federal Trade Commission every year…The FTC estimates that $350 million a year is lost to phone scams.”
Primary Source: consumerfed.org/Understanding_Telemarketing_Rights
These regulations do not apply to prerecorded calls from healthcare providers as long as they are related to your health benefits, emergencies, and weather or hazard warnings.
“● A telemarketer can only call your landline or cell phone using a prerecorded message to try to sell you something if you gave the company prior written consent to make such calls.” consumerfed.org/
● Calls utilizing prerecorded messages cannot be made to emergency lines and to people’s rooms in hospitals, nursing homes, and similar places except for emergencies or with prior consent.
● At the beginning of the prerecorded message, it must tell you on whose behalf it is being made.
● The company making the call is not allowed to make you agree to the robocalls as a prerequisite to obtaining the product or service.
● Prior written consent is required for a telemarketer hired by a charity to call your landline or cell phone, using a prerecorded message, to ask for a donation, unless you have given to that charity before.
● Prerecorded calls to your cell phone for other purposes (except for emergencies) also require prior consent, which can be written or verbal.
● Any prerecorded message to try to sell you something or to ask for a donation, must provide an automated way for you to stop continuing to receive such calls, even if you had previously agreed to get them."
Information about how to use the automated system must be provided early on during the call. Ha,ha! How often does that happen?
OUTWITTING THE TELEMARKETER MIND SET
Primary Source: lifehacker.com/im-a-telemarketer
Telemarketers use a “lead profile” to target potential customers. It may include data such as age, gender, location, interest, lifestyle and other personal information that helps the telemarketing company identify potential customers. Often this information is purchased from other companies. A “lead” is then assigned to an individual telemarketer to make the calls. These are facts you need to know in order to get inside the telemarketer’s head.
● Each telemarketer has their own username and password, so all the information they gather during their shift stays linked to them. Depending on the company calling you, the lead profile will display a little or a lot of information.
● Anything relevant you mention will be added to your lead profile. Don’t say anything to the telemarketer unless you want it written down on your profile.
● If there is no answer to the call, your lead is recorded as “no answer,” and you will be called again, sometimes within a few hours or several days later. If you hang up immediately, your lead is indicated as a “no answer” and you will be called back.
● Telemarketer often uses the “Three NOs” rule: don’t let the customer go until they have said “no” three times during the phone call.
● Telemarketers try to keep you on the phone as long as possible because they can eventually wear you down and get money out of you.
● Telemarketers literally have a script that tells them how to respond to every objection, so the less you engage with them, the better.
A FEW NO-NO’S IF YOU ANSWER A CALL
Primary Source: lifehacker.com/im-a-telemarketer
This gives them the idea that you may just need some convincing and are actually interested in their product. Do not ask questions. Do not explain why you are not interested in the product. Do not show empathy or other human characteristics.
A computer chooses who the telemarketer calls. These people are just trying to make a living. If you scream at them, this will not make them sympathetic. If the telemarketer is being rude, you can ask to speak to a manager – there is always a supervisor in the call room.
● Do not give up hang up in mid-conversation without an explanation.
This will most likely result in the telemarketer calling back, claiming you got “disconnected.” If you don’t answer then, they will keep calling.
● Do not let the telemarketer call you back at another time.
Anything but a hard “no” will be interpreted as an opportunity to call you back.
Well, it isn’t Ghostbusters!
The Federal Communications Commission (FCC) and the Federal Trade Commission (FTC) are the government agencies who regulate telemarketing. They face the onerous task of assuring that telemarketers follow the rules. When they receive many complaints about the same telemarketer, they can take legal action to stop illegal practices. They also maintain a data base of complaints about telemarketing which is available to other federal, state, and local agencies.
FTC’s jurisdiction does not cover, such as telephone companies, airlines, banks and credit unions, and insurance companies
● Report Do Not Call violations to the FTC at 1-888-382-1222, TTY (Telecommunications Device for the Deaf), 1-866-290-4236, or go to www.donotcall.gov.
● Report general telemarketing, robocall and Caller ID rights violations to the FTC by calling 1-877-382-4357, TTY 1-866-653-4261, or go to www.ftccomplaintassistant.gov.
● Report violations of your “do not call”, general telemarketing, robocall and Caller ID rights by phone to the FCC at 1-888-225-5322, TTY 1-888-835-5322. You can also use the online form at www.fcc.gov/complaints or fax the information to 1-866-418-0232.
If telemarketing calls bother you, you should take the time to report it. Regardless of how you make a report, provide as much detail as you can, such as:
● Date of the call,
● Name of the telemarketer,
● Name of any company or a charity on whose behalf the call was made, if different),
● Phone number that appeared on Caller ID or that was left in a message, and
● A description of the “pitch, what happened after that and how much you paid, if anything.
Primary Source: aarp.org/scams-fraud/phone/
Unfortunately, many of the obnoxious “telemarketing calls” are actually Scams. While the issue of Scams is a complex topic which I am not addressing here, the following are few scam calls to watch out for.
● A government agent has an urgent issue
You owe back taxes. There is a problem with your Social Security Account or Medicare card, etc. Government agencies rarely call people unless they have first communicated by other means.
● A public utility or major tech firm has an issue
Legitimate businesses (such as Microsoft or Apple), utilities and institutions rarely call people unless they have first communicated by other means.
● Caller claims they can help you with your debt
They will claim they can help you resolve student loans, fix your credit, or help you qualify for a government grant.
● There’s a problem with your account
Caller may say you have strange charges on your Amazon account or a problem with your bank account, and ask you to provide sensitive information. They might even say you're suspected of criminal activity. Then, they connect you with someone claiming to be an FBI agent who wants to help you move your money for “safekeeping.”
● Donate to this worthy cause
The caller may pose as a legitimate charity or use a name for their bogus charity that sounds legitimate.
● You’ve won the lottery or a big prize
● Your car warranty has expired
● Your children or grandchildren are in trouble
Scammers pose as a family member who has been in an accident or is under arrest and needs money fast. (I almost got taken with the one.)
An arrest warrant has been issued for you as you failed to show up for your jury duty and you have to pay a fee to avoid jail time.
In all cases, Hang Up and Report The Call!
JUST SAYIN’
Sources:
https://www.ftc.gov/business-guidance/advertising-marketing/telemarketing
https://www.fcc.gov/general/telemarketing-and-robocalls
https://www.ecfr.gov/current/title-47/chapter-I/subchapter-B/part-64#47:3.0.1.1.11.12
https://consumerfed.org/pdfs/Understanding_Telemarketing_Rights.pdf
https://consumer.ftc.gov/topics/telemarketer
https://blog.clickpointsoftware.com/telemarketing-calling-hours-by-state
https://search.yahoo.com/ - AI Summary
https://consumer.ftc.gov/topics/telemarketer
https://www.donotcall.gov/report.html
http://www.ftc.gov/robocallshttps://www.wikihow.life/Deal-With-Telemarketers
https://www.wikihow.life/Deal-With-Telemarketers
https://www.rd.com/list/how-to-get-rid-of-telemarketers/
https://www.newinterestingfacts.com/ways-to-get-rid-of-telemarketers/
https://medium.com/@chloed_85285/it-wasnt-always-a-piece-of-cake-the-history-of-telemarketing-0edcbbf2b1f6
https://www.consumerreports.org/consumerist/phone-companies-can-filter-out-robocalls-they-just-arent-doing-it/
https://legalclarity.org/what-is-the-do-not-call-implementation-act/#google_vignette
https://www.aarp.org/money/scams-fraud/phone/?cmp=KNC-DMP-FRD-Fraud-Seasonal-PhoneScams
https://www.ftc.gov/news-events/news/press-releases/2024/11/reports-unwanted-telemarketing-calls-down-more-50-percent-2021
https://fastercapital.com/content/Training--How-to-Train-Your-Telemarketing-Team-and-Equip-Them-with-the-Skills-They-Need.html















































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