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Do
Not Call (please!)
by Evan Parker, Staff Writer
A loud, obnoxious tone pulsates in the foreground. "We don't want
any", or "don't &%@* call me again" you might reply. Senior Daniel
Commans uses a particularly discouraging technique to thwart his
telemarketing opponents. He pretends to comply with the
telemarketer's request, saying that his mother will be one the phone
very soon, leaving them on the phone for minutes until he finally
says, "She's in the bathroom". This, however, is a lie, she could
easily waste her time cursing at telemarketers, but why even bother
when you can ignore them altogether, all the while having so much
fun? This constant state of deception must certainly be disorienting
for telemarketers. However you choose to greet these little-paid,
very insistent people (usually from some poor, underdeveloped
country I might add), one thing is without doubt. This constant
interruption has become very tiresome, and it must be stopped.
Most of us know of a bill passed September 30, 2003 by
President George W. Bush (one of few good things he has done, in my
opinion), called the do-not-call registry. This bill is intended to
help consumers block unwanted telephone solicitations, allowing the
Federal Trade Commission to collect fees from telemarketers to fund
the registry. Despite pressure from the telemarketing community,
this bill was passed by both the House and Senate in just a week.
The rules of the do-not-call registry are not overly
restrictive, however they provide a reasonable umbrella of
protection for consumers. Some important rules are as follows.
Telephone solicitations occurring before 8 am or after 9 pm are
prohibited. Anyone making a telephone solicitation call to your home
must provide: their name, the name of the entity of which they are
sponsoring, and a telephone number or address which the consumer may
use to contact the entity. A person or a recorded voice representing
the entity must begin talking within two seconds after the consumer
answers. Solicitors are not allowed to charge consumer's credit
cards without the consumer's permission. These same solicitors must
also provide their caller identity so that consumers with the caller
identity feature on their telephones may know who is calling. All
telemarketing agencies must acquire the do-not-call list and may not
call anyone on the list unless they have a previous business
relationship or written permission with the consumer. Yes, this is a
very important piece of legislation, however it is not as effective
as it should be.
Although the bill has eliminated a sizable portion of
unsolicited telephone calls, there are ways telemarketers can
manipulate the rules in order to reach potential clients. One way is
for a company to call on behalf of a charity or a surveyor, who are
not covered by the list. Are you angry yet? Even more infuriating
are the times telemarketers simply ignore the list. Companies often
do this and there is virtually nothing one can do about it but
submit a fruitless complaint to the FTC. From personal experience
this is simply ineffective, but seeing as it would be foolish to
prosecute each individual case, this might just have to do. There
has been much controversy over this bill, originating mostly from
the telemarketing industry, naturally.
The restrictions shouldn't stop there. This bill is not
limiting our free speech, but merely expanding our rights. Saying
that this bill limits free speech is simply the telemarketing
industry's excuse to continue invading our privacy. Telemarketing
solicitations have increased in numbers immensely in recent years,
and thanks to bills such as this, it has become controllable. More
legislation like the do-not-call registry will be welcome by many,
and should expand consumer protection to include cell phones, fax
machines and similar devices. As for the current legislation in
place, the list should not only prohibit unsolicited telemarketing
calls, but also political and charitable solicitations. After all,
the consumer should be in control of who contacts them and no one
else. They should be able to decide whether or not they want select
people to contact them. And if consumers decide that they do want to
be contacted, they have the power to do so. Otherwise, STOP CALLING
ME!
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