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Bob Sullivan

Corporate sneakiness. Government waste. Technology run amok. Outright scams. The Red Tape Chronicles is MSNBC.com's effort to unmask these 21st Century headaches and offer real solutions that save you time and money.

Bob Sullivan covers Internet scams and consumer fraud for MSNBC.com. He is the winner of multiple journalism awards for his coverage of online crime and author of Gotcha Capitalism: How Hidden Fees Rip You Off Every Day and What You Can Do About It. and Your Evil Twin: Behind the Identity Theft Epidemic.

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Making telemarketers pay -- in cash

Posted: Tuesday, February 13 at 04:00 am CT by Bob Sullivan

When André-Tascha Lammé was granted a judgment of $3,500 last month in a Sacramento, Calif., small claims court, he heard gasps.

“You could hear people in the courtroom saying, ‘You can sue telemarketers?’” he said. You can. In fact, you can make some decent cash for your trouble.

Lammé started getting pelted with calls from mortgage brokers last year, just as his adjustable rate mortgage was about to reset. Like many consumers, he quickly reached the boiling point over the frequent interruptions. But unlike many consumers, the computer programmer took the time to educate himself – perhaps owing to the spirit of his grandmother, a lawyer for several decades – and quickly discovered the Telephone Consumer Protection Act.

“It specifically deals with unwanted calls,” he said. “For each violation, there is a $500 penalty.” Who gets that money? The call recipient. Lammé read on and found he didn’t have to hire a high-priced attorney to pursue the penalty fees – he could file the case himself.

So far, Lammé has won $6,000 in judgments against telemarketers in three cases. He's not a lawyer, but by filing in small claims court, he's spent no more than $100 in court fees and scarcely more than an hour of his time on any case. Now he wants you to do it, too.

The Telephone Consumer Protection Act of 1991, signed into law by George Bush the elder, led to creation of the ragingly popular Do Not Call List. But tucked away in the bill was another important provision that entitles consumers to take what's called a "private right of action." For each violation of the act, consumers can sue for a $500 penalty. Violations include calling after a consumer has told a company to stop, or failing to provide the consumer with a copy of the firm’s Do Not Call policy.

In his most recent case, heard in January in Sacramento, Lammé was awarded $3,500 for seven violations allegedly committed by Country Club Mortgage Inc. of Visalia. David Mitchell, vice president of Country Club Mortgage, said he couldn’t comment on the litigation.

Suing a telemarketing firm might sound like a paperwork headache beyond the means of most people, but it’s not, said Lammé. Small claims court papers are easy to file, he said. In Sacramento County, he doesn't even have to walk down to the courthouse. He can file online.

"It only took me five or 10 minutes to file," he said. "No more than a half-hour total."

In two prior cases, Lammé didn't even have to go to court. Two other companies settled with him for about $2,500 after he filed his case.

Web-filing streamlines the process
Suing telemarketers is not new, but Web-based court forms have made it much easier. Electronic filing is slowly becoming standard at small claims courts across the country, said Emily Doskow, editor of "Everybody's Guide to Small Claims Court.”

"It's very consumer friendly," she said. "It's been growing in popularity for the last five years."

Despite Lammé’s success, Davids don’t typically triumph over Goliaths in the venue, said Stuart Rossman, director of litigation at the National Consumer Law Center in Boston.

Consumers who pursue a small claims case after frustrating fights with their cable provider, cell phone company or a retail electronics store are in for a rude awakening, he said. In almost all those situations, they long ago waived their right to sue by agreeing to mandatory binding arbitration for disputes.

Don't remember doing that? Well, you did, virtually any time you signed a contract with a service provider, used your credit card or even opened a shrink-wrapped piece of software you purchased at an electronics store. Binding arbitration agreements are everywhere, and they virtually eliminate a consumers' ability to bring small claims court cases.

“Courts will say, ‘You have agreed to arbitration, we can't get involved,’” said attorney Ed Rapacki, who is challenging arbitration clauses in several cases around the country. “At small claims, (the defendant) will file a motion to dismiss or to compel arbitration. They'll say, ‘Here's the contract, here's the arbitration clause.’ And the judge will order you to proceed to arbitration.”

The legal basis for mandatory arbitration dates all he way back to the Federal Arbitration Act of 1925, which was designed to allow two parties to streamline court proceedings.

But Rossman said arbitration has turned into a one-sided arrangement that nearly always favors the corporation and forces consumers to unknowingly surrender their rights to use the traditional court system.

"There are a number of things that organizations like banks are doing to protect themselves in those (contracts)," he said. "Mandatory arbitration prevents individuals from bringing claims ... and they are difficult to defeat."

An organization named StopBMA (binding mandatatory arbitration) has been trying to call attention to the issue of arbitration agreements. More information is available at GiveMeBackMyRights.org.

Lammé is a lucky litigant for two reasons: Congress made it clear that penalties awarded under the Telephone Consumer Protection Act should go to consumers, and he is suing companies with which he has no contractual relationship, and therefore can’t have signed arbitration agreements.

How to file

If you are interested in pursuing a small claims case against a telemarketer, Lammé has set up a Web site with instructions at KillTheCalls.com. It includes a handy list of links to various small claims court instruction pages all around the Internet.

In most cases, your small claims court will be located at the county courthouse in the same building as your superior court.

The real trick to successful small claims cases is adequately serving the defendant with a summons indicating they've been sued and must appear in court. That means you'll have to provide the court with a viable address and preferably the name of a corporate executive or officer. That's sometimes easier said than done, but often you can find the information on the state Secretary of State’s Web site.

On court day, it's important to bring supporting paperwork organized in an easy-to-read format. Lammé always brings a copy of the Telephone Consumer Protection Act to hand to the judge. The trials are informal, so you won't need to learn any legal jargon to plead your case. You might feel nervous or intimidated, but acting as your own lawyer is not as hard as it seems, Lammé said. He recommends going to court a day or two before your case just to become familiar with the courtroom procedures.

"Small claims judges are ... sympathetic," to the legally uninitiated, he said. "The judges give the benefit of the plaintiffs.”

You only get one shot to make your case. By filing in small claims as a plaintiff, you waive your right to appeal the verdict or file in any other court.

One other bit of bad news: If you win a judgment, you will likely have a tough time collecting, particularly if your defendant resides in another state. You'll no doubt have to pay additional court fees in an attempt to collect. But you will have time on your side -- in New York and Massachusetts, for example, you have 20 years.

Because Lammé has sued firms that can't disappear overnight, he has been able to collect on his lawsuits. But he's not in it for the money, he said. He thinks consumers’ lawsuits are the best way to end unwanted phone calls.

"If you sue these people, they're going to get the message," he said.

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280 COMMENTS

Way to go Lamme. He is a great person for doing sucha thing. It is time to take back our rights and stick it to these big companies for trying to take advantage of us.

I think it's important to realize that when David takes Goliath to court and wins, a lot of little davids get smacked down in the process. Many college students, for example, from low-income families, pay their way through school by 'doing telemarketing'. I know it's an old argument, but it is a reality. Telemarketing is an industry that employs hundreds of thousands of people. So next time you complain about a dim-witted burger-flipper who is probably a Ph.D, remember that s/he could easily be calling you on the phone every night asking for a donation to the local Cops.

This is wonderful information to have. The Do Not Call has certainly made a huge difference to the unwanted calls. Unfortunately it does not preclude political calls or the various benevolet groups.
Now we need an effective means to go after the spammers!

I sure hope comsumers read and learn. Telemarketing is out of hand. Credit card companies have "opt out" provisions from marketing via telephone and mail.
Thank you for printing this article.

Fantastic! André-Tascha Lammé earns a spot in the Top 10 list of people who are doing something to send a clear message to the weasels that the days of weaseling the common folk are coming to an end.

The war is not won, but it is being fought--and, each bit of progress is important, especially in the early battles.

The fact of the matter is that there are not many good reasons for any company, organization, or political group to call people at home without first being asked specifically to call.

If you drop-off your car at the auto repair center to have it tuned and ask the service manager to call you when the car is ready, then great! OK to call!

If you ask the receptionist at the dental clinic to call when it is time to get your teeth polished, then great! OK to call!

If you registered your new washing machine, provided your telephone number, and the manufacturer discovers there is a defect in the washing machine that might catch on fire, then they should call.

There are a few other times when it is OK to call, but they are few and far between.

There are quite a few ways to deal with unwanted calls, and it appears that André-Tascha Lammé has discovered one of them!

Another, which works very nicely, is to install a PrivacyCall Center, which is a truly marvelous device that does all the things no telephone company can do.

If you get calls from 000-000-0000, any of the so-called "toll-free" area codes (800, 866, 877, 888), or any other combinations of numbers that you find annoying, then PrivacyCall Center intercepts these calls on the first ring (since the caller ID information is sent with the first ring) and then routes it to any of several fabulous locations, which range from "Nowhere Land" to an answering machine, which can be separate from your telephone.

My personal favorite place to send annoying calls is "Nowhere Land", which is a special feature of the PrivacyCall Center that causes the caller to continue hearing rings for a number of times you specify but does not ring your home telephone. If you specify seven rings, the device disconnects the annoying caller after the seventh ring.

The telephone company call blocking systems cannot block the 000-000-0000 numbers, which typically are from Canada, but PrivacyCall Center blocks these annoying calls like a champ. You always hear one ring, but you can deal with one ring. If you also block private or unknown calls, then it takes two rings to route them to a message telling the caller to unblock their number and try again.

The simple rule then becomes that you can pretty much safely answer any call once you hear two rings, because at that point, the caller's number is clearly identified and you can decide what to do based on knowing the number.

Do I work for PrivacyCall Center or have any business connection with them at all?

NO!

Why am I providing this information?

Because, (a) It took me a lot of research to find PrivacyCall Center (including asking a lot of questions to discover that telephone companies cannot block annoying calls from Canada), (b) I have a PrivacyCall Center and have been using it for months, and (c) It is the only way ruthlessly to control who can ring your telephone with absolute certainty, and (d) I am a very happy customer.

This is the link to PrivacyCall Center:

http://www.digitone.com/PrivacyCall%20Center.htm

Another benefit is that it records all the numbers, and there is a model that has computer software which feeds the numbers to your computer for storing, so that you have a hard-copy reference, which can be quite handy if you are taking action against a telemarketer in court.

Great reporting Bob, as usual!

Thanks!

JD

Now if we could make the "Do Not Call" list all encompassing. That would help alot in ending the sheer annoyance of being called constantly at certain times of the year. While I do not mind assisting those in need, I do not feel that even charirites should have the right to contact you at will.

This goes doubley so for politically-based survey groups with their poorly disguised biased questioning.

Hurray for the little schmuck!!!

Another good and useful article. Thanks for the info.

I LOVE this article & plan to do the same if unwanted telemarketing calls continue.
This is the most helpful article I have read in a long time.
Thank you, Andre

That is quite interesting, I wonder if applies to receiving calls from collection agencies from a previous owner of your phone number. I have been receiving calls for 6 months for the previous owner and I swear I have told the agencies multiple times that the previous owner is no longer found at my phone number.

I'm thrilled that someone has some success with this. Indiana has had a do not call law for several years and now we had a do not fax law. I've sent several unsolicited faxes to the Indiana Attorney General that I have received. Hopefully the phones will stop ringing for faxes AND telemarketing. I take great joy in telling them I'm on the do not call list and that I can sue them if they continue to call.

I don't get solitation calls of any kind anymore. I'm on the national don't call list and I only have a cellphone which further reduces the number of calls. That was much easier than litigation.

This is quite informal. I will never sign a contract with a corporation that has binding arbitration written in a contract from now on. Every American consumer should never waive their right to a fair hearing, or their rights be contractually removed. Here's a fix - any contract that has a binding arbitration should state it first thing in BOLD print!

This is quite informal. I will never sign a contract with a corporation that has binding arbitration written in a contract from now on. Every American consumer should never waive their right to a fair hearing, or their rights be contractually removed. Here's a fix - any contract that has a binding arbitration should state it first thing in BOLD print!

This is fantastic, but what about those telemarketers who disguise or spoof their caller-ID information? How do you track them down?

Potential small claims plaintiffs should be aware that there is a huge difference between obtaining a $6000 judgment and getting a $6000 judgment paid.

The fact that you have won a judgment is of no value if you cannot have it enforced. However, any attorney will likely help you enforce a judgment for a portion of the value.

What can be done about all the political calls at election time?

It would be simpler if everyone just hung the phone up when telemarketers phoned. No sales = No calls! Why would you buy anything from a complete stranger who cannot be traced?

Nice idea except for one thing; the defendant in a small claims court has the option to transfer to a higher court, thereby requiring a lawyer, money and time; something I don't care to spend. Filing with the FTC is much easier.

Great! Will it work with collection agencies?

There is a way to get around the arbitration rules by filing criminal harrassment charges against the company. Most states have these statutes and all you need is proof of a few calls. With a conviction, your lawsuit is backed by a criminal conviction and may not be eligible for arbritration. If it is, a conviction will aid you in any arbritration hearing.

'"I you sue these people, they're going to get the message," he said.'

I think you mean "If" you sue these people.

The lousey politicians made it ok for them to continue to solicit!!! No wonder why people don't trust politicians.

STOP THE CALLS!!!!!!

I wish we could make this apply to unwanted fax messages as well; you know, the 3 week all inclusive vacations at 4 different resorts, air fare included, for $299.00 per person, what a joke (and waste of paper and ink!!

Bravo! I applaud this man's tenacity!

Beware that non-profit and survey solicitations are often excluded from many of the laws surrounding the famous do not call list. Although once specifically stated many will not call again.

Give telephone salespeople a break, we have a job to do and bills to pay just like anyone else. If you are not interested in the product politely tell the person you are not interested and you shouldn't have a problem. Get over yourself people and consider the rights of telephone salespeople to earn a living like anyone else.

Bravo! Perhaps we'll be able to eat dinner in peace again...

Great job! Thank you for this information. It's too bad we can't sue the constant and unwanted junk emailers, or spamer's.

Well done!!!!

Now if we could do the same thing with the scum email spammers.

YES!!!! I love this article.

Thats completely insane! Its not that big of a hassle to tell a telemarketer to quit calling and simply say "Please put me on the DO NOT CALL list" and it can be taken care of with the simple click of a button. I cant believe he actually won that case. What the heck has happend to our justice system? We're spending American tax doors on whiney people like this dude instead of spending money on matters that actually effect the running of our nation. I call b.s. on this one.

Suing telemarketers and the no call list - what a novel concept for dealing with e-mail spam. Congress - ru listening?

One caution: I once won a judgement in small claims and was never able to collect because the defendent filed an appeal. This meant I had get legal help to pursue the case in a higher court. Because he was a lawyer, the defendent did not have to post the normal bond, ducked my subsequent attempts to pursue the claim and eventually waited me out.

On the whole though, I was able to do all this realtively cheaply and the pleasure of annoying him was worth it.

Now if we could only sue the spammers....

Is the last line suppose to start with "If" or was this properly edited?

Vely interesting ... last night was the first night in months that I did not get any telemarketer calls!

Fantastic advice! This is a plague on society that I look forward to seeing come to an end. Kudos for sharing all this information. We disconnected our home phone years ago simply because of the amount of unwanted calls.

Stop BMA? YES! Home Warranty Companies (those companies that were established to protect home builders) not only include binding arbitration clauses, they also select the arbitration company. Those arbitration companies award in behalf of the homebuilders...just as they are paid to do! Meanwhile, homeowners are left with large repair bills caused by shoddy building.

how intelligent i will get the message out we are sick to death of being called on weekends at night racing for the phone and no one is there cant wait to try this advise thank you

Very good information. Thanks for the heads-up. After getting scammed by a magazine telemarketer, I educated myself on the Telephone Consumer Protection Act, and the Controlling the Assault of Non-Solicited Pornography and Marketing Act (CAN-SPAM) of 2003. Being conned lit a fire beneath me to know the law in regards to these perpetrators.

ok, just because the court says he is the winner of the case. Does that mean they paid him. Here in VA the court can say that you win but that does not mean the loser will pay up. You have to chase the money in further litagation.

Oh my God...I think I've just seen the light...I have the same problem, every night around 6 pm the calls start..they drive me crazy, make me want to do something outrageous...Thank you for enlightening me.
P.S. Ilove your page.

This is not new news. The active sueing of telemarketers under this act has been going on for years. Wells Fargo, among others, has been hit with these suits in California. Do a simple web search and you will find all sorts of web pages explaining how to sue and win.

Here is another problem that you don't cover. I call it the Post Office Assistance Act (or the Arborial Forest Destruction Act or the Air and Water Pollution and Landfill Expansion Act), The funny thing is that these are all the same act. Instead of using the telephone, using a few micrograms of carbon in the atmosphere to activate the wires, those telemarketers start sending out vast amounts of junk mail. The result is cut down trees for raw wood pulp, water pollution from the vast amounts of chlorine used to bleach the paper to a nice shiny white color. Even more electricity to process the wood pulp to paper; fuel expenses transporting the paper to the store and then the company. Then the real fun happens, a $0.39 subsidy to the post office per letter to send out the solicitation letter promising an unreasonable option ARM with a 1% teaser rate and a completely uncapped suicide adjustment rate. If the homeowner is lucky, he or she juet tosses the letter in the land fill.

So, why doesn't the dumb schmuck just buy a $10.00 answering machine with a set of rechargable batteries and screen his calls? Simple, because he is a victim of the great telecommunications conspiracy. Bushwah!

PS. It is really fun to get a call from some guy named "Charlie Schmidt" offerring a mortgage consultation and hear an accent right out of South India. Can your guy take a firm in Bangalore to small claime court? Most likely not as those courts don't exist in India. Just keep on exporting those jobs to a (litigan safe) foreign venus, why don't you!

This is great! Finally something for the little consumer out here. Our hands have been so tied from sueing companies over anything. The scales are so heavily weighted on the side of large corporations and have been for years since they fund our legistlators in congress.

Telemarketing Companys are required to provide you a copy of the no call policy ?

This is enlightening. What can be done to stop "hangup" calls or those where the marketing computer calls and waits for a human to answer before putting another human on the phone?

Telemarketing Companys are required to provide you a copy of the no call policy ?

Not all states prohibit appeals from Small Claims Court. Even if you lose there, you still may be able to appeal. Check your state's rules.

It's about time someone started doing this. These firms are predatory and downright annoying. I'm glad to see that they are finally being held responsible for their actions.

In Michigan the justices are partial to big business not the citizens of the state. When you file a small claims suit here, the perps get to move the case out of small claims to general civil court and then they have an attorney and you are helpless unless you spend a lot of money on a lawyer. Quite frankly the judicial system does not work in MI.

Our parents and great grandparents used to eagerly await the coming of the new Sears catalog. They had set aside money and were anxious to see what was new and how much it cost. Today advertising is a multi-billion dollar industry, self sustaining, and so pervasive that there is almost no escaping from it, no matter what media. It might not be so bad if the volume wasn't so huge. It is not uncommon for a magazine to have more advertising than editorial content, and television is running about half and half. People get numb, and then they get angry. remember when cable television made it's debut?? We were promised that for a monthly fee we could watch TV without the advertising. That didn't last long.
Today I skim newspapers, magazines, and use the time delay and fast forward on the TV. If an ad is so blatent that it catches my eye, I remember it so that I will be sure to never purchase that product.
I would love to see national legislation limiting the amount of advertising permited in media. Somewhere around 15% by volume or time should be the maximum. Any invasive advertising (door-to-door sales, telemarketing, etc. should be banned altogether.
If this causes some unbelievably overpaid executives to have to go out and get a real job, I sympathize - I have to work too.

This information is great. Maybe it will help others out.

If we only can get rid of "Junk Mail"

It's about time. These jerks interrupt our dinner almost every night. And they call at 7:59pm, just as we are getting our grandson ready for bed..I', tucking this info aside to use Thanks

Is this law available in spanish. Thank you for the tip

What are the steps in finally going to small claims court? Do I have to place my name of a do not call list or write to the companies asking not to be called? We get calls frequently but not all the time and they are from different firms. Do I keep a log or write down the names of the callers. What is the proof I need that I'm being harassed by these calls?

People may get annoyed by telemarketers but those are important jobs for many people. One shouldn't target the telemarketer but the company and it's management. If a person is getting call after call by the same company then it is management that isn't overseeing to it that those calls do not get repeated.
Sorry to inform everyone, whether it is a telemarketer,an advertisement on tv, or a storefront, people are getting sold to. It's a big part of the American economy, an open market economy of competition where products thrive from advertising in various ways to the consumer.

Good for Mr. Lamme! If more of us followed his example, those telmarketers would be out of business in short order.

Bravo! to Mr. Lamme'
It's about time someone stood up and made these intrusive scumbags take notice and let them know that if we wanted their "services", WE would let them know. DON'T CALL US, WE'LL CALL YOU! at about the same the time YOU'RE sitting down with YOUR famly for dinner. That's assuming, of course that you DO have a family.

It's about time, Charlie!

This is great info thanks

To Jim who has been receiving calls from collection agencies:
The Fair Debt Collection Practices Act gives a fair amountof leverage. You need to get the address of each collection agency and send them a cease and desist letter. Send it registered, if they continue after you get the return receipt back, you can sue. Nolo Press has good book on entitled soemthing like "Your Money" that gives more details. Avalaible from Amazon.

Why don't all of you folks who supposedly get these numerous calls every night put your number on the national do not call registry. I did, and after a month or so the calls stopped altogether. I hear people complain and tell them about the registry, and they tell me it is too much trouble. So then just take the calls and stop whining about it if you can't be troubled to take measures to stop them.

Heres my solution to telemarketers. I answer the phone and let my 18 month old scream into it. I almost never get calls from the same people twice.

Sorry, no sympathy here for the plight of the poor telemarketer who gets no respect. Get another job. One that doesn't intrude upon the lives of others. I pay for my phone - for my use and my convenience. Not for some company to try to sell me something.

What is the Do Not Call Telephone Number please?

Thanks.

Great idea!!! This will cause thought by the telemarketers as losing revenue is not thier want. gonna copy and use this for sure

As a company that telemarkets mortgage laons to retail customers, I can say that I abide by the National, and State, Do Not Call list. We complain as a Country that the Government doesn't care about the small businesses, then on the other hand, we attack them by suing them for trying to conduct business. I employ 15 people, in a very competitive mortgage business. One of the most effective ways to compete with the "Wells Fargo's, and Ditech.com's" of the world, is to telemarket. We respect people for saying No, and immediately remove them from our list. I wish that people could understand that not all telemarketing companies are bad. We are just trying to make a living, and survive as a small company.

good article

Why don't you just get an answering machine to screen your calls? Wouldn't that be less stressful and time consuming than answering the phone and sueing someone for money you are not likely to get? These are real jobs for real people. Get over yourself, don't you have something else to do with your time and energy?

I want to thank you for your tireless work in protecting consumers. Your informative style, with attention to every detail deserves more then journalistic rewards. Your book should be read by every by every person who carries a check book, has any type of plastic form of payment, pays mortgage, have been issued a social security number in their name. Need I say more?
Thank you!

Obviously the current rash of telemarketers are in upstate NY. So its their job - big deal. In my job I don't have the right to intrude on peoples privacy. In fact there is no other profesion that does, except sales. If I am able to put a no soliticing sign on my door, why not my phone? WHICH I pay a small fortune for every month in fees and taxes. I applaud any way to stop the harrassment, especially as I am on the Do Not Call list and I still get calls. Usually at inoportune times like when I am on the other line with clients!!!

For those asking about collection agencies, the do not call list does not apply. However, the Fair Debt Collections Practices Act (FDCPA) allows you to tell the agent once you receive a call that you are inconvenienced by their call and they are not to call again. They are still able to send letters, and report to the credit bureaus, but a call after you have told them not to can lead them to be sued under the FDCPA. Note, they record their calls (it's the law) so keep a note on who contacted you, and the time and date.

Yes, you were all very effective with the "do not call list". You very effectively sent all the calls that used to be placed from the United States by single moms and college students paying taxes to foreign countries. Thanks for sending away all these needed jobs because you couldn't be bothered to say "no thank you". Perhaps you'd rather have people knocking on your door or spamming you. I don't hear you complaining about CONSTANT commercials on television. This is a service you PAY FOR just like you do your phone. Again, you took jobs away from Americans and sent them over seas and ANYBODY except tax paying americans can call you. What heros.

Thanks to Bob's article this morning, my server is getting a workout. I want to thank those who have passed on kudos. Quick note: I have no problem with telemarketers who comply with the law. They are working a job just as the rest of us do. When the telemarketer or their firm stops complying with the law (i.e. calls after you tell them not to), that is when I consider suing them. I ONLY go after the most egregious. Hit my site for information or do a search for "Telephone Consumer Protection Act".

What about fax trolling calls? My phone rings at all hours of the day and night and there is nothing but a beep at the other end, even on my answering machine. Caller ID just says "New York call" and a phone number that, when I call back, I just get a busy signal (no doubt trolling others). I've called the Annoyance call center of my phone service, only to be told these calls can be coming from anywhere in the world, and that now our private information is all "in the public domain," even though I'm on the federal Do Not Call list. Not much help for these calls. Guess there's no way to avoid jumping out of bed in the middle of the night, running to answer the phone in another room with my heart pounding, thinking something has happened to one of my adult children, only to hear a beep, beep, beep at the other end. I'd love to get rid of my phone altogether. Ever since computers, we have no privacy anymore, and any of our private information can be sold to anyone, anytime, for a price.

Please get a life or a job that pays better. Better yet, get rid of your telephone entirely. Cut yourself off from the world and become a hermit. Get some friends. Find someone of the opposite sex to spend quality time with. You are 100% pathetic if you spend so much time at home that you allow the ringing of the telephone to disrupt your life to the point that you would persue a lawsuit. What has the world come to. I BEG OF YOU TO GET A LIFE !

Remember this - even a company you have dealt with in the past is bound by the request to "Take me off your list". Failing to comply puts them in the position of KNOWINGLY violating the "do not call" provisions and negates their "arbitration" position.

Oh dealing with telemarketers gets "interesting" (particularly if dealing with a female) if you say in a low voice "What are you wearing?" (quick click hanging up) Fighting fire with fire... MY quick hang up dropping the handset loudly on the phone also works wonders.

Truth is, though, that the sheer volume of calls plummeted with the "no call list" down to maybe 1 per week (if that) and those are solicitations (for which I do the second option) Commercial calls don't seem to get thru (it might be the potential of litigation). For "required response phone numbers" (where a number entry is required to get the "service") I send the calls to a non-working pager.

IF I want to talk to them, I'll call. (About the same time Beelzebub learns to SKATE!)

I've done this too. I've never had to go to court, and I've collected $1,500 in three cases. Coincidently, I don't get any telemarketing calls anymore...

There's two sides to this. Firstly, as an inside salesperson for a reputable business firm, the dimwits who annoy people also translates to a negative attitude towards anyone on the phone for any legitimate business purpose. So penalizing the violators does have a moderating effect. On the other hand, just suing people who contact you with offers which are either just inconvenient or unappealing with the idea of making some good cash will spawn greedy legislation also. Just what we need--more cases in an already clogged small court venue!!!
Most of these cases should never make it, but you know that the volume will rise because of this. A little too much vigilantism if you ask me!

I understand that a lot of lower-income people and students make a living as telemarketers. I have no problem with telemarketers specifically. But NO means NO. Call me once, shame on me. Call me twice (after being told no)shame on you. Call me three times - see you in court!

To those who suggest simply putting your number on the do not call registry, I am already on it and have been for years. I still get calls from a few companies even though I have asked repeatedly to be removed from their lists and have forwarded the numbers to the FCC. This is great news for those of us who still get calls.

I also worked for a telemarketing company while in college and if someone asked you not to call them, you were told to ignore that and put them back in the computer to be called at a different time of day.

I understand that a lot of lower-income people and students make a living as telemarketers. I have no problem with telemarketers specifically. But NO means NO, especially after I have registered on the "Do not call" list. Call me once, shame on me. Call me twice (after being told no)shame on you. Call me three times - see you in court!

my name is on national do not call list
i still get telemarketers
i chatted with one for over 10 minutes for a free cell phone, only $400 (how was it free?).
drove him crazy, wasted his time, made up outrageous stories, he refused to hang up.
I refused to utter the word "yes"

My cellphone is on the DoNotCall list. I have been receiving 3 to 4 calls a day, every day including the weekends, for many months from one national company. I have never done, nor will I ever do, business with said company. I have called them to ask them to stop. They won't. I have filed complaints (a joke of a process) on the DNC website. I have answered the phone swearing. I have answered by blowing a whistle. The calls continue. All telemarketing needs to be outlawed. This is a brilliant start & I plan to persue a similar action.

How do you stop automated calls!? Those are the types I get....plus my telling a real live person that I am on the do not call list (state and federal) doesn't seem to help all that much. I used to give to the police departments and fire departments each year and usually two or three times during the year.....until I had one rude s.o.b refuse to take no for answer, even after I explained that I had a funeral to pay for and was on social security (plus alot of doctor and hospital bills to pay that medicare/medicade didn't pay for).

I stopped unwanted calls 20 years ago by getting an unlisted phone number. I never get calls from anyone except who i give my number to.

Someone mentioned they would like to find a way to put an end to junk mail. Well, it may not put an end to it, but what I like to do is mail it back to them in the postage paid envelope most of them provide. I like to also include lint, gum wrappers, a kotex cut in half, get creative. If they pay to receive my "junk mail" back maybe they won't send me as much. I call it "stickin' it to the man"!

Let's review a couple of items; 1) the DO NOT CALL LIST is not perfect and is willingly abused by telemarketers who hope they don't get caught, 2) they have loopholes allowing them to call you because you bought something from that company and you must endure these calls for 90 days, 3)yes telemarketing is a big business, and as long as you don't mind them calling, they do have a right to do business and last but certainly not least 4) the excuse that low income students can only make money by being telemarketers is disingenuous to say the least. Using that logic, why doesn't he allow them to sell drugs or guns, so they have money for college.

The real culprit is not the unwanted phone calls in my case, it is the constant influx of junk FAX messages that actually cost me money. You can hang up on an unwanted phone call but junk FAX's waste paper, time, and wear out your equipment. Also, most have no way to identify who actually sent it. The toll free numbers on the FAX's are just hired answering services. There must be a way to stop this.

What I don't understand is--who buys stuff from telemarketers anyway?

Do people actually sit around in their homes waiting for a phone call to tell them they need something and that this anonymous person on the phone can satisfy that need?

Obviously there is market for this stuff--otherwise there would be no telemarketers.

I can't help but respond to the one persons reply standing up for these salespeople. While I do understand that every one is entitled to make a living, it should not impede on one's right to live with the expectation that their home is private. He asked for us to give these salespeople a break, they are just doing their jobs. Bravo for them. I am always happy to see someone who works instead of taking advantage of the system, but what about the person who works from home. What about the mother who finally got her infant to sleep and was awakened by the phone ringing.What about the person who works the night shift, needs to sleep during the day and is constantly woken up by the calls of the telemarketer. Aren't they entitled to make a living, then be able to go home in peace. Telemarketing is a job that should never have been created. People have the right to expect privacy and peace in there own home. Sorry Sir, your conscious should make you get another job. I was a telemarketer once too, but thank God, my conscious got the best of me.

I can't help but respond to the one persons reply standing up for these salespeople. While I do understand that every one is entitled to make a living, it should not impede on one's right to live with the expectation that their home is private. He asked for us to give these salespeople a break, they are just doing their jobs. Bravo for them. I am always happy to see someone who works instead of taking advantage of the system, but what about the person who works from home. What about the mother who finally got her infant to sleep and was awakened by the phone ringing.What about the person who works the night shift, needs to sleep during the day and is constantly woken up by the calls of the telemarketer. Aren't they entitled to make a living, then be able to go home in peace. Telemarketing is a job that should never have been created. People have the right to expect privacy and peace in there own home. Sorry Sir, your conscious should make you get another job. I was a telemarketer once too, but thank God, my conscious got the best of me.

"I wish we could make this apply to unwanted fax messages as well"

Actually it does as long as the phone number is registered/billed as a personal/private/residential line. If it is a business line, all bets are off. This act was for consumers. Take a look at the Act.


"This is fantastic, but what about those telemarketers who disguise or spoof their caller-ID information? How do you track them down?"

Spoofing/masking the caller-ID data doesn't matter. The company who is contacting you is trying to sell you something. They want you to be able to contact them. It should not be difficult to get information from the marketing firm about their client. In addition, the Telephone Consumer Protection Act specifically requires that the caller provide a lot of information about whom they are, whom they represent, whether they have a "do not call list", etc. It is interesting reading.

"Telemarketing Companys are required to provide you a copy of the no call policy ?"
Yes they are. They are required to maintain an individual "do not call" list and keep your number on it for three years. They must have a written policy about the maintenance of this list, and they are required to provide it to you if asked.

This brings up a good point though. The list is a "do not call" list. You must ask to be added to their "do not call" list. Asking to be taken off of their list means nothing. Sometimes when you ask to be added to their "do not call" list, the telemarketer will try to turn it around and ask if you want "to be taken off their lists?". That is not what you want. You want to be ADDED to their "do not call" list.

"What can be done about all the political calls at election time?"

Excluding political calls was a fact of life in getting both this act and the "do not call" list passed. At least it is a step in the right direction.

"This is enlightening. What can be done to stop "hangup" calls or those where the marketing computer calls and waits for a human to answer before putting another human on the phone?"

This is a function of the equipment that companies use to perform mass calling campaigns. The system places outgoing calls when one of the operators becomes available. By the time the call gets placed and answered that operator might be busy with something else and no one is available. You get an empty line when you answer. It is a system designed to maximize their usage and eliminate downtime. It just happens to work at your inconvenience. The system also tries to detect if an answering machine picked up and will hang up to not waste time.

The TCPA also prohibits unsolicited calls that automatically play a recording without a person getting your permission first.

Keep in mind also that the person calling you most likely has nothing to do with the company that is selling some product or service. They work for a marketing company that has been contracted to do this phone solicitation.

This Act requires the telemarketer to furnish you with a lot of information if you ask. You can actually have some fun with this if you want to spend the time. There are a number of anti-telemarketer scripts that walk you through asking all of the questions that cover the information that the telemarketer has to give you. Remember, time is money so be sure to have them spell out everything.
Oh, and be sure to tell them first thing that this call is being recorded, and ask them if this is OK. If they say no then the call is done. Starts the call out on the right foot.

One last thing: The telezappers still work well to get rid of the political and non-profit calls.

Good luck!

Alright people this has got to be the most petty thing I have read in a long time, suing someone for calling your house. This article goes to show how sue happy this country has become and how everyone wants to get paid for being annoyed. If you dont want to be called get an UNPUBLISHED/UNLISTED NUMBER. As a mortgage broker myself I have spent many nights calling people at home and conducting myself in a professional manner. (FYI if I ever call your home you wont know that I am trying to HELP you until about thirty minutes into the call) This guy more than likely wanted to stick it to someone due to the fact that he is upset at something in his personal/professional life. Keep in mind people the phone is used more for business than it is for personal use. Telemarketing has been around for years and will always be the most cost effective way to originate business. STOP CRYING!!! Start caring about your rights that mean something not someone calling your house. What about the fact that we all pay BS federal income taxes and how we are being cheated out of that money by our own government. (and being lied to in the process)
Thanks

Add your phone number to the "Do Not Call" registry. I can't remember the web site link. Also, when you get one of these telemarketing calls, you can insist they put your number on their "do not call" list. Write to the big three credit bureaus to help stop the loan and mortgage offers from flooding your mailbox. Radio Shack may have sold a "zapper" device for the phone line at one time. I think it would somehow signal the dialers to skip or "lose" your phone number; not sure how it works as I've never owned one. As soon as I get a call with a number I don't recognize, I don't answer it. If you get that slight delay when you do answer and the person trashes your name "Mr/Mrs ...", you know what type of call it is. A friend of mine used his Caller ID to "sell" a competing product right back to the caller. Wish I had some recordings of those calls. LOL I will never forget the Seinfeld episode concerning this issue. Remember that one? :-)

Does the law apply equally to businesses. It's extremely aggravating to be bothered constantly when you are trying to conduct business. As a car dealer, the after-market parts companies ring our phones off the hook. Can I stop them? And no, I don't call car prospects relentlessly like some dealers do.

I have received various e-mails recommending I get another job, and if anyone is willing to send job offers to this motivated young telephone salesman with a bachelor's degree please send to my e-mail. Until then, talk to you on the phone soon! :)

My answering machine says "I screen my calls" and I don't answer any calls that don't identify the caller. I'm also on the national and Tennessee Do Not Call list. Mail it to me - if I'm interested, I'll open it. When it's convenient for ME. If I'm not interested, it goes in the recycling bin. I suspect the calls I don't answer are from charities or surveyors. Sometimes a computer message gets recorded, especially from politicians - I'd like to stop THOSE from taking up space on the machine, but I can just delete them.... I have had several hang-ups during a week from some obviously persistent caller but if they don't talk to the machine, they don't get me!

Once your number is on the do not call registry, there are other ways to discourage persistent telemarketers who disregard this registry and will not take no for an answer.

Play along with them and make a verbal deal. After the 5th unwanted call tell the Derelect Satellite Dish TV company to send a technician to come out and install the stuff. When he gets to your door send him away with a message to the head office to stop with the phone calls. This waste of their time and money worked nicely for me when nothing else would. Note: Never give a credit card number prior to the kick. Say that your payments are always by check.

Same with carpet cleaners - get the guy out then turn him away at the door. Again this immediately got me on their blacklist and put and end to further recorded calls.

Timeshare vacation marketers? Make the appointment and then do not show up. Some high pressure salesperson is stuck with thumb twiddling for 3 hours. Even when the company later changes names and starts over, YOU will remain on their own private do-not-call blacklist.

Mortgage callers? Make them prepare the paperwork (do not sign anything) then back out at the last minute. Guaranteed they will never call you again.

I agree with "Rebecca, Michigan"

Unfortunately, the 'do not call list' don't work! If its worked for you, you must know someone.
Our number was put on the DNCL twice in one year and we still get the calls, even on the cells. Now when we say "don't call" we can show we mean it.

Thank you

Many small charities rely on telemarketers to acquaint the public with their mission and to appeal for support. They do not have the visibility or resources to do otherwise.

I have no sympathy for anyone trying to earn a living in telemarketing who is breaking the law. Should we feel sorry for bank robbers and burglars? They are only trying to make a living. To those bothered at dinner time, turn the ringer off or unplug the phone. Why do you feel compelled to answer the phone every time it rings? Be unavailable once in a while. I use caller ID, if your anonymous, I'm anonymous. I answer calls only from those I know.

To all you pro-telemarketers gimme a break!! Sure I did telemarketing before when I was 17, but even I realized I was constantly harrassing people. There are laws that telemarketing cos. have to follow & they hardly ever do. They need to be sued as much as possible!!

Right on Jon P!!!! It amazes me the time and energy some people spend on trivial, petty, subjects to go to court about. I just say NO and politely say good-bye and hang up the phone on any call I receive that does not interest me. There are so many major problems in the world now to ponder that this article made me want to throw up.

The local newspaper calls every day or two trying to get me to subscribe. I've told the telemarketers to take me off the list, and I've called the circulation department and told them to take me off the list. I also notified them that I would be taking them to court. They keep calling. I have a log of each call and I'm filing when the total hits $5000.

There is a simple solution to telemarketers: Keep them on the line. Tell them you're interested; could they please hold for a few seconds? Keep them on the line for as long as possible. While you're wasting their time they're not calling anyone else, and they're making no money. If eveyone did this, telemarketing would go cease in a matter of days.

Thanks for a great enlightening article and many interesting posts. Now, just to inject a little humor into the posts, check out the AT&T telemarketer joke at http://www.scs.nevada.edu/~clarkj5/jokes/jk_prac.html
Obviously not a practical idea, but you'll get a laugh!

Geez, do we really need more lawsuits in this country? I realize that these calls can be annoying. I am not on the DNC list and my number is listed in the book. I get maybe a dozen calls a week, most of them while I'm at work. If I get someone who won't take no for an answer, I just ask him or her to "tell me about it," then put the phone down and go back to whatever I was doing. Later I hang up the phone, after they've figured out they are talking to themselves and have moved on to some other anonymous number.

Wouldn't it be better to work through the legislature than the courts? How about a law that forces telemarketers to pay a fee (say, 50 cents) for each call they make- and the recipient of the call gets the money. That way, instead of a "Do Not Call" list, there would be a "Please Call Me" list. People who were interested in buying things over the phone could join it, and telemarketers would be happy to call only people who were interested. And since there's profit involved, we wouldn't have to wait for the "feddle gubmnt" to create the list.

Everybody wins, and nobody's frustrated. But with everyone in the country so focused on lawsuits, nobody pursues remedy in the legislature- which is how a democracy is supposed to work!

to doyouwanttosellorbuy, because they will keep calling your answering machine, most companies use recorded messages. And to upp urz, why would someone with a PHD be flipping burgers? What's the point of going through will college, earning a degree only to work in a minimum wage job? Seems like a waste of money. So why doesn't someone like that go out & get a real job?

great article.

www.donotcall.gov
that's where you need to go to get your number on the national do not call list.

tell me this telemarketers - why would you want a job that is so disdained by the public? no one likes telemarketers. get another job that includes a little more respect. what are the stats on sales through telemarketing? is it worth it for the companies?

When people put their EMail addresses here, it will be picked up by SpamBots, and they WILL get spam.

These are mostly the same people who don't know about the "Do Not Call List", or did not realize they can sue callers. This has been going on for 10 years. Nothing New. The law actually was passed in 1991, so it will be 16 years now!!

From Google:
http://www.google.com/search?q=sue+telemarketers

http://www.junkbusters.com/self.html
http://www.panix.com/~eck/telemarket.html
http://www.governmentguide.com/consumer_services/suetelemarketers.adp
http://www.private-citizen.com/book.htm

Instead of scalping he callers and plugging up our courts with more paper, time and costs to all of us, why not just simply use the old Chinese way, Haungup! It is almost as quick as the OLD Cross we use on the net. So try KongFuChuckit. Just a do a quick chop. It works!

Now, if only the government would do something to end the stream of emails for enhancement drugs, underpriced stocks and sex sites. This has become more irritating than the phone calls.

I'm on the DO NOT CALL list, but receive about 5 calls a day from charities.

Now all we need to do is stop the paper mail marketers, ie Chase, Citibank, Capital One!

Now all we need to do is stop the paper mail marketers, ie Chase, Citibank, Capital One!

Apparently, these people that complain about telemarketers have never sold a thing in their lives! Don't they realize that unless something is sold, our economy will come to a standstill. I hope that these whiners work for a company whose salespeople stand by the water cooler the whole day. Let's see how fast that company goes out of business and everybody loses their jobs. Then you can tell your kids that you lost your paycheck because the sales people were not doing their jobs.

I have a better solution. Get caller id and don't pick up the phone if you don't recognize the caller. Works great for me all the time. Ends all problems right there before anything starts and there won't be any complaints or lawsuits. Some phones have a little switch that turns off the ringer. That works great too.

I never answer the home line unless I recognize the caller ID. Vonage is great, because you get a computer log of all calls. I can decide which, if any, I will make return calls to.

This in reply to Upp Urz(nice professional screen name there...sarcasm intended):

The TCPA does NOT apply to people who are requesting donations for police, non-profits, etc... There for, you can sue someone who is calling you in that instance.

Do some research and educate yourself before you go around blowing off your mouth!

What to address first? I read all the comments, and although I am a stickler for grammar and spelling, I ask why would a person make a comment just to point out a mistake in the typing? Next, thanks for the info about the FDCPA, I personally needed that. Third, there is a lot of injustice in this world. If people respected each other and took no for an answer the calls should stop. Laws are passed each year because there are those who come up with ways to get around what's already been passed. And I will say, yes, many people pay for schooling or families by telemarketing. But a phone call once, during normal business hours for most of the population (9a-5p), to a home phone number is not what this article is about. Do telemarketing companies call people during 'normal business hours'? No. Their 'normal business hours' are during times when the intended party is at home, ie: evening. So, call, once. Then, when told no, don't call again. Have your telemarketing company buy you a new list. Or, leave a message including your personal home phone number so the person you called can call you back at an equally inopportune time.

I think most people are pleasant when they answer the phone, but a big issue is with the telemarketers that don't take a nice "no thank you" for a answer, they continue on, and on, without let up. So by the time you get off the phone your frustrated and your dinners cold.

Upp Urz obviously works for a telemarketer. As for taking away jobs, they are jobs that should be taken away since they break the law and annoy millions of people on a regular basis. As for telemarketers asking for donations for police, that is a total scam. Essentially none of the money actually makes it to the police departments.

Wow! I wish I'd known about this when I was getting hammered by that **expletive deleted** time share company! The previous possessor of my phone number apparently done business with them and they called me relentlessly every single day for four months. I asked nicely, not so nicely, begged them to STOP and since they didn't have my name on their files, they claimed to not be able to find the number to stop.

I finally started filing FTC complaints since I registered that number on the Do Not Call list as soon as I knew what it was. 120 complaints against them finally convinced them to stop.

Great to hear what others feel about this issue. It seems that the only sympathetic people to the telemarketers are the telemarketrs. All the rest of the comments from the public show that they/we are extremely tired of the contant bombardment of calls into our personal life at home. Great article and good work Andre.

This message is for Jim from State College PA

The TCPA does not regulate debt collection calls, even if they are calling for someone other than you. That is something you will need to take up with the Federal Trade Commission and your State Attorney General under the Fair Debt Collection Act. www.ftc.gov

Now all we need to do is stop the paper mail marketers, ie Chase, Citibank, Capital One!

I don't mind TM I have worked in the industry for years and will tell you that most people are only trying to make an honest living. If there was no TM organizatins there would be a lot more people out of work in the U.S. Are you willing to pay higher taxes to take care of them?

Way to go! I remember a few months back, my friend "referred" me to a so called "financial advisor". As things would have it, i said not interested and soon got flooded with calls from that company multiple times daily. I tried calling the number back to give them a piece of my mind, but it was just a switchboard. Tricky Bastards! I then proceeded onto their website, left a really nasty message (including threats of a lawsuit for harrassment)...funny stuff, the calls ended the next day.

This message is for Jim from State College PA

The TCPA does not regulate debt collection calls, even if they are calling for someone other than you. That is something you will need to take up with the Federal Trade Commission and your State Attorney General under the Fair Debt Collection Act. www.ftc.gov

Thought this was very interesting story piece. Read everyone's comments thus far.

I have my own success. Long ago I used to be peppered with constant telemarketing calls. This was 25 years ago and can't image today's world with far more telemarketing companies. After I moved 4 years later, I came up my own solution. Solution: unlisted number. Works for me to this day. I do get a call every now and then but it is probably due to random dialing number scheme. Quite often will be automated calls which I just hang up after hearing the first few words. Very rare I will get a live one which I tell the person No quickly without completing the pitch. BTW, I am not on the DNC registry.

If I understand it right, DNC is a time limited program. If so, why would I want to list my unlisted number on the DNC to be exposed?? Certainly opens to vulnerability down the road.

Why are you people answering the telephone during family dinner? How rude! If ignoring the ringing is too hard just cut off the ringer or leave the phone off the hook for an hour.

Do Not Call registry is good for actual telemarketers. However it definitely does not apply to legitimate charities and taxpayer-funded survey agencies. If you still get calls from these organizations, they are not breaking the law.

Whether you are dealing with the sleaziest telemarketers or some nice college kid doing a survey about the Department of Motor Vehicles, if you want them to stop calling, just tell them!

Believe me, all your cute tricks, from your screaming brats to your "clever" mind games, they have heard before, over and over. You may annoy that one individual, but more likely they'll just roll their eyes, "oh, another one," and move on to the next call. It doesn't take too long to remain unfazed by the actions of these unbalanced individuals. And, those people remain in the system. It might feel better immediately, but in the long run, they will keep calling. These organizations won't take you out unless you explicitly tell them to.

What you need to say is--these are the *magic words*--"Please take this number off your list and don't ever call us again." Besides not being childish and rude, this actually works.

Except for the very bottom of the barrel companies, this is effective. If it's really worth your time, you may want to note the name of each organization you say this to so you'll know if they call again, but legit organizations will have you out of their system within a day or 2.

Legitimate charities and organizations conducting surveys paid for by YOUR TAX DOLLARS, and usually conducted to help determine how to spend same dollars, may be worth giving a chance. Even if not, they are usually very good about removing people who say they don't want to participate, since it doesn't benefit them to make pests of themselves.

Another option to eliminate unwanted calls is to switch to a Voice Over Internet Phone (VOIP) such as VoicePulse. They have a telemarketer block that prevents automatic dialers from even being able to ring your phone. Plus, if you get calls from political campaigns, you can program that number into the Call Block, which prevents them from being able to call back. VoicePulse is under $16 per month, and takes the place of your traditional telephone company. There are many others, such as Packet8 and Vonage, but VoicePulse is the only one I'm sure can block these unwanted calls. I've used them for almost two years now and I am very happy with them. (And no, I don't work for VoicePulse...)

I did 2 things. I keep all my banking, and credit card needs with one credit union. I put my name on the do not call registry. I also limit what charities I contribute money to. I get very few calls and am quite rude when I do get one reminding them that I am on the registry. They do not call back.

Upp Urz, what you are saying is the equivalent to "if your a low-income collage student its ok to break the law, 'cause you can use the money". Hey the callers were told to stop, they didn't. Thats against the law. If you speed you get fined; if you call a second time, you get fined. There should not be any "flipside" or argument.

When my grandmother was in the early stages of Alzeimer's Disease, the telemarketing sharks preyed upon her constantly and left her even poorer than she already was. The argument that the telemarketers are poor college kids just doesn't carry weight. The business is inherently dishonest and corrupting. The cheaters posing as charitable organizations have harmed charities that are actually helping people and worthy causes.

Great job on providing positive efforts to stop telemarketers. How about public records that easily can be accessed on line such as home address, how big your home is and how much you have paid for it,which all of this violates our privacy as American citizens. Personally myself, I do not agree with any of this.

I get frequent calls from either India or Pakistan, offering to refinance my house. Each time I tell them I'm on the Do Not Call list and they promise to remove me, but the calls keep coming. The number on my caller ID is always a 1-800 Service, which means they are masking their real numbers/identity by use of this service. More maddening yet, the phone company wants ME to pay them a fee every month in order to block such calls! Anybody know how I could possibly track down the perpetrators and take them to court, short of pretending I want them to send me their information?

At a time while our economy was struggling the most, our government enforces the no call laws which have affected small business across the country. You need to look at the larger picture. Our country revolves around the buying and selling of goods and services. This law has affected many small business not to mention the tens of thousands of telemarketers that have losts jobs due to this law. Great thinking at a time when our economy is struggling!! So when you are sitting at home enjoying no ten second phone calls, just remember that you are happy that there are more people without a job and a drain on our economy.

It's not hard. I got an $800 settlement after sueing a telemarketer a few years ago. There's a great book called "So, you want to sue a telemarketer" that has all the info you need. Best $15 I ever spent.

Only took me about 2 hours of my time.

If anyone ever gets called by 'Energy Exteriors' of Tacoma, WA... they've already been sued once, in Pierce County court in March of 2004, so you can pursue triple damaged because any more violations constitutes a 'knowing violation;.

Now we need Mandatory Binding Arbitration to be made optional with certain products and services. The government can mandate it and companies can decide what dollar value this adds to their product.

I don't care if telemarketing does employ hundreds or thousands of people. Telemarketing needlessly harasses people who don't want to buy their shoddy product.

OMG... Calling people scumbags that call your home?
In this day WE ALL NEED TO WORK! perhaps some of you with all this time to be home, collect a salary that others would not qualify for or accept! We get up and go to work, No matter how Nasty you can be!! And believe it or not, all are not so nasty! There are times when a telmarketer is actually talking to one that did pick up the phone, and it happened to be your lonley mother, JUST WANTING A CONVERSATION WITH ANYONE!!! So you know what , AT TIMES THIS JOB ISN'T SO BAD!! Not all are so miserable in life!

what ever happened to "consumer friendly printing"?

By all means stay on the phones with us and say ridiculous things, we have a better sense of humor than all of you cranky folks that automatically get offended when we call. Make us laugh and say silly things to us it helps make our day go by that much quicker!

Drug dealers are making money for their families as well, but that doesn't make it right. I'm sorry if you're in college with limited resources, but I don't want my privacy constantly interrupted just because you need a job. Tutor, flip burgers, mow grass, but don't call me at home.
More people need to take actions like this guy did! I'm sick of email spam, telemarketers, and all this mass-marketing. GIVE EM THE DEATH PENALTY!!!!!!

By all means stay on the phones with us and say ridiculous things, we have a better sense of humor than all of you cranky folks that automatically get offended when we call. Make us laugh and say silly things to us it helps make our day go by that much quicker!

Waaaaaaahhhhhhhh!!!!!!!!
I got called to buy something,Waaaahhhh!!
Just hang up the phone, IDIOTS!!!
Get a life you bunch of losers.
The same people who sue over such small things are the same people who got picked on in high school...losers

By all means stay on the phones with us and say ridiculous things, we have a better sense of humor than all of you cranky folks that automatically get offended when we call. Make us laugh and say silly things to us it helps make our day go by that much quicker!

Ok, all you people who think the guy should just get over it/ get on the Do Not Call List/etc... he was on the Do Not Call List... that was the only reason he was able to sue.
And all you people who whine that telemarketing supplies jobs.... well so does organized crime. It doesn't mean you should take the job!
Now, listen closely, telemarketers. My telephone is on my property. As far as I am concerned, by intruding through the phone lines, you are trespassing. Stay off my property! I will defend my property by any means at my disposal.
No one wants you! You are useless, and primarily dishonest, slugs. I do not have to be polite, I do not have to say anything to you, I consider you nothing but a waste of oxygen, food and water.

Waaaaaaahhhhhhhh!!!!!!!!
I got called to buy something,Waaaahhhh!!
Just hang up the phone, IDIOTS!!!
Get a life you bunch of losers.
The same people who sue over such small things are the same people who got picked on in high school...losers

Many of you ask for solutions. Here are mine:
Telemarketers - If you don't have the time, hang up. If you have the time just start asking them questions like their name, phone number, etc. Make them spell their name. If they ask, say that you don't deal with people over the phone unless you know who they are.

Junk Mail - If it comes with a postage paid reply envelope, stuff it with their own fliers and send it back. Remember to remove your name from any letter. If it doesn't have a postage paid envelope, recycle it. Shred anything with your name on it.

Lets just make it illegal. Who cares if 100,000 people loose their jobs. What they are doing is an invasion of my privacy

I can see both sides of the issue. People are being bugged way too often (including myself) to buy windows, siding, insurance, etc. Telling one or two to bug off is easy. However, when people get bombarded all week, every night, its a little ridiculous.

The telemarketers have to make a living too. I agree. But, its the one bad apple spoiling the bunch. Police your own industry better and the government would not have to step in and control it. Bottom line.

I think in the end this is a good thing. Being able to sue these 'bad apples' is definitely the way to go. It will eventually start to send a message that consumers are tired of the nightly phone calls.

I did 2 things. I keep all my banking, and credit card needs with one credit union. I put my name on the do not call registry. I also limit what charities I contribute money to. I get very few calls and am quite rude when I do get one reminding them that I am on the registry. They do not call back.

This is to the few people who bothered to defend telemarketers. Please post your phone number along with your comments next time so we may annoy you with a few bogus offers you weren't interested in at a time that isn't convenient for you. Just a thought, but if what you have to sell is such a great deal, why are you hiding behind a telephone and calling people who didn't express an interest? I'll answer for you. It's because you're trying to take advantage of the naive and uninformed. Trying to earn a living my ass. You should be locked up.

I am a telemarketer and usually when people state to be placed on a do not call list, it takes up to 3-6 weeks for that person's name to be completely removed off a list. Sometimes a person will continue to get calls for that time period. So if you say you wish to be placed on a do not call list, keep in consideration you might still get calls.

It's not as easy to sue a telemarketing company as this article would lead you to believe. As long as the company can show they are compliant with the FTC's regulations, one repeat phone call will not get you $500. This article is misleading and I'd bet money that it's partly fictional. If you want to stop calls - PUT YOUR PHONE NUMBER ON THE DO NOT CALL LIST. That's why it was created.

Telemarketing is a form of marketing (selling) and is perfectly legal and always will be. If you "ban" telemarketing you'd have to ban all forms of solicitation and advertising as well. This is a free market. It's what drives our powerful economy.

If you're eating dinner with your family, don't answer the phone. If you don't want the product they're selling, say no or hang up. It's not a difficult problem to deal with. The solution is very simple.

I have LESS than zero sympathy for people working as telemarketers. I do not owe you my time and money because you cannot find a job better than one that intrudes on the lives of others and causes them untold amounts of exasperation and irritation. There are other less invasive methods of marketing that companies could use rather than invading our homes during dinner time. I do agree about the do not call list. I am on it and I have no problem with telemarketers, but I think it is terribly wrong that the onus is on the consumer to make these calls stop when they shouldn't even be happening in the first place. Its as though the telemarketers have all the rights until you ask them to stop. They should need your permission before they ever call your home to begin with.

Jim in State College: I called my local telephone company after receiving several calls for a "John Doe" who used to have my phone number and obviously hadn't been paying his bills. Call block didn't work against the calls, *69 didn't work, telling them that "John Doe" surrendered that phone number over a year ago didn't help - the representative of BellSouth told me to get on the do-not-call registry (already was) and to tell every caller of the registration. Here's the good part: once you have informed callers you are on the registry and have given them the information that they are calling someone other than "John Doe", any subsequent telephone call from them can be classified as an "annoying and harrassing" call and may be subject to an FCC fine of $2,500 per instance if they continue to call you! You, of course, have to jump through some hoops to initiate tracking by the phone company. The mere threat, when discussed calmly with a supervisor from the calling entity, has worked wonders for me - Discover is no longer trying to contact "John Doe" at MY phone number! Give your local provider a call - once you get through to a real live person, ask about the fines for annoying phone calls and what you must do to get the assistance of the FCC and your phone company!

One thing to consider, my company which cold-calls individuals in regards to municipal bonds, help expand and build the community. If municipal bonds were not to be sold, over the phone usually, our country would not grow! So let's specify between telemarketing calls, like people selling long-distance and asking for donations, from people who are in essence asked by the county to sell voter-approved tax-free bonds.

I orderd some Nexium for heat burn online once. Now I get calls all the time from different pharmacy's that bought the phone #. They won't Quit. They even leave messages on my answer machine. The company said I agreed to it on the fine print and they won't remove my number. I then went online, and ordered Viagra in the name of every polititian I could get a phone number for. The charge card will be declined but they are still on the call list. I wonder if they are getting the calls now?

I am a college student who does telemarketing and I can tell you it pays very well for college student and beats working at the mall in A&F or McDonalds and telemarketing works great with my school hours! Right after my classes each day Monday - Friday I go to work. I don't actually sell anything but I am just informing people about where our private showroom is located and ask if they are doing any remodeling soon to their house.

I know telemarketing can be very annoying but it does help me make a decent living as a college student where I don't have to be eating roman noodles. Then when I'm done with college, I'll go off and get my "real job."

However, where I work, if you say you're not interested, we're done with you. We take you off our list and we don't call you back. Or if you're on the national do not call list we apologize for getting your number in our database and will take it out.

Please no sympathy for these telemarketers. I am on the "No call list" but still I get harassed and even insulted by some who think they have a right to bug me with their calls. The fine by the feds for abusing the do not call list is ELEVEN THOUSAND dollars and still they call. All power to anyone who gets one over on them - and to suggest that the "no call list" is the answer is stupid.

If a spambot gets my e-mail it will have to deal with ending up in a "black hole" - yo umean there are people STUPID enough out there to use a LIVE email (not a throw away) for responses on public forums? Even if I respond to someone's email, it's with a "black hole" address - NOTHING gets thru the JUNK file except for the ones I want.

Really, people, pull yourselves together. If this were your greatest irritation in life, maybe you'd handle it more civilly.

Blowing whistles in people's ears, leaving them hanging on the telephone, shouting obscene language...these are not acceptable behaviors for adults in modern society. Once you've calmed down, ask yourself: do you really want to be the kind of person who shouts profanity or barks like a dog at strangers?

Besides, it doesn't work. Without the "magic words" (take me off your list) NO organization will stop calling just because you are rude to them. They will just assume they caught you on a bad day, or that they can reach another member of the household who doesn't go totally off the rails over an unsolicticited call.

Also, it is not the TV guy's or the carpet guy's fault that his employer hires telemarketers. Do you really think the field tech has any say in this, that wasting his time makes your point or sticks "it" to "the man?" Because it doesn't. And the cable guy or the newspaper guy (which is as far up as this form of protest will reach) is not "the man," just a regular guy earning a living, by hard work and not by telemarketing.

Please, whatever frustrations modern life has inflicted upon you, be polite. It might not feel as good in the immediate short term, but it's better in the long run, especially when (most of) them stop calling! At the very least, you'll be contributing to making this the kind of world where people aren't verbally abusive to strangers.

Really, people, pull yourselves together. If this were your greatest irritation in life, maybe you'd handle it more civilly.

Blowing whistles in people's ears, leaving them hanging on the telephone, shouting obscen