FTC To Ban Most Telemarketing 'Robocalls'

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DEBORAH YAO | 08/27/09 02:40 PM | AP

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Americans tired of having their dinners interrupted by phone calls touting car warranties or vacation packages will soon get some relief.

The Federal Trade Commission said Thursday it is banning many types of prerecorded telemarketing solicitations, known as robocalls. Currently, consumers must specifically join a do-not-call list to avoid them. Starting Sept. 1, telemarketers will first need written permission from the customer to make such calls.

"American consumers have made it crystal clear that few things annoy them more than the billions of commercial telemarketing robocalls they receive every year," said Jon Leibowitz, chairman of the FTC.

Violators will face penalties of up to $16,000 per call.

Don't expect phone solicitations to disappear completely, though.

Calls that are not trying to sell goods and services to consumers will be exempt, such as those that provide information like flight cancellations and delivery notices and those from debt collectors.

Other calls not covered include those from politicians, charities that contact consumers directly, banks, insurers, phone companies, surveys and certain health care messages such as prescription notifications. The FTC said those don't fall under its jurisdiction.

And calls made by humans rather than automated systems will still be allowed, unless the phone number is on the National Do Not Call Registry.

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But the FTC said the ban should cover most robocalls, forcing marketers to turn to more expensive live calls, or ramp up efforts in direct mail, e-mail and TV ads.

The ban is part of amendments to the FTC's Telemarketing Sales Rule announced a year ago.

Because the ban has been known, telemarketers already have been phasing out robocalls, said Tim Searcy, chief executive of the American Teleservices Association, a trade group whose members include telemarketers.

He said the public won't see much of a change.

"For the consumer, the behavior is going to look the same Sept. 1 as it did Aug. 31," he said.

Searcy also said the ban will do little to stop calls touting illegal scams.

People who get an unauthorized call can file complaints with the commission online or by calling 1-877-FTC-HELP.

"If consumers think they're being harassed by robocallers, they need to let us know, and we will go after them," Leibowitz said.

___

On the Net:

Complaint form: https://www.ftccomplaintassistant.gov

Do Not Call registry: https://www.donotcall.gov

Americans tired of having their dinners interrupted by phone calls touting car warranties or vacation packages will soon get some relief. The Federal Trade Commission said Thursday it is banning many...
Americans tired of having their dinners interrupted by phone calls touting car warranties or vacation packages will soon get some relief. The Federal Trade Commission said Thursday it is banning many...
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- KMAz I'm a Fan of KMAz 3 fans permalink
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Well, it probably just means that a hundred thousand people in Mumbai and Delhi will get jobs in call centers bringing us live commercials at meal times rather than recorded ones.

    Favorite    Flag as abusive Posted 05:55 PM on 08/27/2009
- Mexitli I'm a Fan of Mexitli 10 fans permalink
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lol. Telemarketing robocalls are always leaving voice mail messages on my cell phone.

Very Annoying!

    Favorite    Flag as abusive Posted 05:53 PM on 08/27/2009
- bynddrvn5 I'm a Fan of bynddrvn5 10 fans permalink

So, what idiot robocaller company started people Congress? You know that is the only why this practice would change.

Now if some of the phantom debt collectors could start chasing down our Congress people for debts they don't owe, we can get rid of these dirtbags as well. I volunteer for a group that provides financial advice to lower income individuals. I honestly can't believe some of the crap, that I have seen. So far the worst offenders have been:
1. Debt collector calling a widow on the day of the funeral telling her she must pay off her husband's credit card bill (this is false, if her name is not on the account she doesn't owe then sh*t).
2. Debt collector continuing to pester individuals to pay amounts they have already made a good faith attempt to prove the bills have already been paid.
3.Debt collectors robo calling the wrong house for past due payments, one older woman has contacted and for a short time "fixed" the issue with the company. After a couple of months they start calling her again!

Someone needs to put together a class action suit against some of these debt collectors. If you owe the money than you should pay it, but I have seen too many instances where someone who did not owe a debt was continually harassed.

    Favorite    Flag as abusive Posted 05:51 PM on 08/27/2009
- ljc I'm a Fan of ljc 116 fans permalink

How is this different than the NO CALL REGISTRY ?

    Favorite    Flag as abusive Posted 05:42 PM on 08/27/2009
- BarryS I'm a Fan of BarryS 29 fans permalink
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it isn't except now there is a penalty, although it will never be applied if history shows us. A better way, is 20 years in prison.

    Favorite    Flag as abusive Posted 05:46 PM on 08/27/2009

So the calls where I get someone telling me im trying to make money ( from the same phone number but different company every month or so) from a real person are still ok... great.

When you get those guys, its fun to argue with them until they start to curse you out and then ask how do you suppose you will sell me any products speaking like that

    Favorite    Flag as abusive Posted 05:37 PM on 08/27/2009
- tierone I'm a Fan of tierone 56 fans permalink
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. . . day late and f****ing dollar short, especially if they don't include political calls! THOSE are the ones people despise!

    Favorite    Flag as abusive Posted 05:37 PM on 08/27/2009
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"Calls that are not trying to sell goods and services to consumers will be exempt"

So all those irritating and lying robocalls during elections are still OK. Heck of a job there FTC!

    Favorite    Flag as abusive Posted 05:33 PM on 08/27/2009
- KMAz I'm a Fan of KMAz 3 fans permalink
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I want a no knock law for door to door promoters. Something that would prevent them from bothering me with their products and promotions. Especially the Seventh Day Adventists and the Mormons. Putting a pentagram on the door doesn't work, and hitting on the Mormon Missionaries goes over their heads.

    Favorite    Flag as abusive Posted 07:32 PM on 08/27/2009
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