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Frequently Asked Questions About Telemarketing
How do telemarketers get my telephone number?
Technology has become more sophisticated and, as a result, your
personal information is no longer as secure as it once was. Telemarketers
collect information about you through a number of different methods:
- Listed Telephone numbers - If you are listed in the phone
book, then telemarketers have your number. Many companies specialize
in gathering information from different phone books around the
country, collecting the data and selling it to marketing companies.
Your personal information can also be published in "reverse
directories," phone books that list the telephone numbers
of residences in a particular geographic area. These directories
are often used to blanket neighborhoods with telemarketing campaigns.
- Credit Bureaus - Whenever you apply for credit, even
for something as small as household appliances, you give out personal
information. Often, consumers are lured into signing up for these
credit cards, especially at department stores, by the offer of
interest-free financing with immediate spending power. Unfortunately,
these accounts are anything but free. Many times, third-party
organizations actually bear the cost of financing your purchases,
just to get their hands on your personal information. They can
then sell (and resell!) your name, address, phone number and spending
history to credit bureaus, financial institutions and marketing
organizations.
- Donations - If you contribute to charitable organizations,
your name can far outweigh your donation in value. Many times,
charities hire third-party telemarketing companies to collect
funds on their behalf. The telemarketers keep a percentage of
whatever they collect, turning over the rest of your donation
to the charity. However, the telemarketers also keep you personal
information, from which they can profit exponentially as they
sell and resell it to other telemarketing companies.
- Checks - If you have your name, address and telephone
number pre-printed on your checks, companies can easily collect
it and store it in a database for later use.
- Contests, Surveys, Sweepstakes - If you participate in
contests, surveys, sweepstakes, drawings, free or low-rate credit
offers, book and magazine subscriptions, TV offers, credit card
offers or credit reports, you offer up your personal information
for commercial use. By participating, you have done what's called
"opting-in," meaning that you have given your name voluntarily.
Many contests, promotions and giveaways are a shallow disguise
for collecting your name to be sold, distributed or used in follow-up
campaigns.
- Automatic Dialers - Automatic dialers, otherwise known
as "predictive dialers" or "lead generators,"
dial random numbers sequentially within a given area code. When
the computer reaches a "live" phone number, it connects
the telemarketer. This approach is also used by call centers populated
with banks of sales agents, who manually dial the calls.
- Toll Free and Pay-per-Call numbers - Whether or not you
block your caller ID, the owners of toll-free telephone numbers
-- 888, 877 and 866 -- can collect your telephone number though
a technology called "Automatic Number Identification,"
or ANI. While not every company offering a toll-free number is
interested in capturing your personal information, many companies
do profit greatly from collecting and distributing your name,
phone number and spending habits. Pay-per-call numbers -- 900
calls or other area codes starting with "9" -- fall
under the same guidelines. However, with 900 numbers, you not
only pay for the call, but also give out your number so it can
be sold to others.
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How can I stop unwanted sales calls?
- Invest in a call screening device
- Relatively inexpensive and easy to install, these devices use
a variety of methods to discourage or completely block telemarketing
calls. that is right for you. These devices use a number of methods
to discourage, or completely block telemarketing calls, but were
all designed with a single purpose in mind - to stop unwanted
calls. With the addition of an answering device, you will also
be creating an second layer of insulation between you and the
caller.
- Get an unlisted phone number - Unlisted numbers cost
a little more, but avoiding unsolicited and intrusive telemarketing
calls is well worth the additional monthly cost.
- Opt out - Check out our State
Do Not Call Lists page to see if the state in which you reside
maintains an opt-out list. If they do, get your name on it, and
telemarketers will be legally prohibited from calling you. You
can also opt-out with the Direct Marketing Association, but we
have some reservations about them charging you to register and,
giving them all of your information to associate at one time,
including your name, address, phone number, etc.
- Educate yourself - Become a proactive consumer and carefully
manage the way you distribute your personal information. NEVER
respond to an unsolicited commercial fax or telemarketing call.
Be aware of how much information you give out during consumer
transactions, and read the privacy policies of each company or
organization you deal with. Inform companies that you do not want
your personal information distributed. Opt out of as many lists
as you can, including those maintained by the major credit bureaus.
- Read the free Privacy Corps newsletter - We constantly
update our website and information resources. Subscribe to our
free newsletter, and read
up on the newest developments in the fight for personal privacy.
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Are there any laws concerning telemarketing?
YES! The two significant federal laws that govern telemarketing
are:
Check the Privacy Corps resources page for a list of current and
proposed laws. You may also want to check our State
Do Not Call Lists page to see if the state in which you reside
maintains an opt-out list. If they do, get your name on it, and
telemarketers will be legally prohibited from calling you.
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Are there any laws concerning junk faxes?
Yes! Unsolicited faxes are illegal as outlined in the Telephone
Protection Act of 1991. NEVER respond to an unsolicited fax.
You may have seen faxes that say something like, "If you have
received this in error…" or "If you would like to
have your name removed…" These faxes are still illegal.
No amount of wording or qualifiers gives the fax broadcaster the
rights to use your resources -- your time, fax paper, line time
or fax machine -- for the purposes of advertising to you without
your explicit permission. By doing so, they are willfully violating
federal law and are subject to severe fines for each occurrence..
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How do I stop junk faxes?
The most effective way to prevent unsolicited faxes is to invest
in a call screening device that works with fax machines. We offer
two devices that work well for this purpose: Without Caller ID:
Privacy Call Guardian; With Caller
ID: Privacy Call ID Screener. NEVER
respond to an unsolicited fax! Like email spammers, fax telemarketers
are often faxing blinding, searching for working fax numbers they
can sell to other companies. When you try to opt out using the information
provided on the fax, all you do is confirm that the telemarketer
has found a live fax machine, plus they have now captured the number
you are calling from if you are calling a toll-free number. Learn
more: Junk Fax FAQ's
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Often, the phone rings and there is no one on
the line. What's going on?
Most telemarketing call centers use computerized automatic dialers,
otherwise known as "predictive dialers" or "lead
generators." These devices can dial hundreds, if not thousands,
of calls per hour from a single center. If the computer detects
a live person on the telephone, it summons the next available operator
to break into the call. The delay you hear, when it sounds as if
no one is there, is the time it takes for the operator to get on
the line after you or your answering device has picked up the phone.
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Does my state have a "Do Not Call"
list?
Privacy Corps maintains a list of all states that either have,
or expect to have, a "Do Not Call" list. Check out our
"State Do Not Call Lists"
page to see if the state in which you reside maintains an opt-out
list. If they do, get your name on it, and telemarketers will be
legally prohibited from calling you. Check our page, and if your
state of residence maintains a list, by all means sign up!
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Is any legislation planned to put more restrictions
on telemarketers??
Telemarketing is a huge business, projected to exceed $650 billion
in 2002, so it's not likely to be legislated away. While some lawmakers
have discussed creating a Federal
"Do Not Call" List, such a list would be prohibitively
expensive, costing between $4,000,000 and $6,000,000 in startup
costs and millions per year to maintain. Additionally, some groups
are, and will continue to be, exempt from these rules, including
political campaign telemarketers and tax-exempt organizations.
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What should I do when a telemarketer has me
cornered?
Without a call screening device:
You will need to conform to the letter of the law concerning your
dialog with the unwanted telemarketing call, to put them on legal
notice that you do not wish to receive any further calls.
Here are some suggested questions to give you the ammunition you
need to take action against them should they continue to pester
you:
- First qualify it as a telemarketing call: "Are
you selling something?"
- Get the operators name: "What is your
full name?"
- Get the company's phone number: "What
is your phone number with area code?"
- Get the company name: "What is the name
of your company?"
- Make sure they maintain a "Do Not Call List":
"Do you keep a record of those who request that you do
not call?" (If not, they are in violation of federal
law)
- If they do, ask to be placed on it: "Could
you please put my number on your "Do Not Call" list?"
You should maintain a record of these conversations including date
and time. If they continue to call you, they are in violation of
federal law and you may be able to sue for damages and/or have them
fined.
With a call screening device:
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When I ask them to put me on their "Do
Not Call" list, they tell me that it will take 30 days to get
me off of their list and that I may be called again. Can they call
me again within that time?
NO! There are no legally qualifying statements or "grace periods"
given to telemarketers whom you have asked to have your name placed
on their "Do Not Call" list.
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To which federal agency would I file a complaint
against a telemarketer?
The FCC (Federal Communications Commission) You can file a complaint
online.
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