Putting a Stop to Telemarketers and Junk Mail
by CheapRates.com

If you live in the United States, it really is possible to put an end to telemarketing solicitations. We know, because we've done it.

The federal Telephone Consumer Protection Act ("TCPA") was enacted into law in 1991 and by placing numerous requirements and restrictions on telemarketers, the TCPA shields you from unwanted junk phone calls. Your two motives should be to stop the calls to your home and to make it expensive for them to telemarket illegally. If even a small fraction of consumers made telemarketers jump through the hoops required by the TCPA, telemarketing would cease to be a profitable endeavor.

According to the basic rules of the TCPA every telemarketer must:

1. Limit calls to the period between 8 a.m. and 9 p.m. in your time zone.
2. Tell you their name and the name, address and phone number of the company on whose behalf the call is made..
3. Maintain a detailed Do-Not-Call List and honor - for ten years - any request to not be called again.
4. Keep your name on the Do-Not-Call List for at least 10 years.

You say "all I want is to get my number off telemarketers’ lists". Guess what.......you can’t. If you want to achieve dinnertime relief you have to get on their Do-Not-Call Lists. That requires a specific directive from you. Whatever you do - DON'T hang up on the caller because that only confirms that yours is a good number.

Your number will stay active forever. They’ll just keep calling and passing your number on to other telemarketers.

What should you say??? Junkbusters, a consumer advocacy group, says that telemarketers always use a script, and you should, too. Keep a copy of yours by every phone.

Here’s the script Junkbusters recommends for the serious anti-telemarketer. Keep a journal handy to record all the details of every telemarketing call you receive:

1. Are you calling to sell something?
2. What is your full name?
3. What is your phone number, including area code?
4. What is the name of the company or organization you are calling for?
5. Does that company maintain a Do-Not-Call List?
6. Please put my number on that list. Can you take care of that right now?
7. Does the company you work for also make telemarketing calls for other organizations?
8. If yes, please make sure your company won’t call me for any other organization. Will you do this?

If on the other hand you believe the TCPA has already been violated in this call and you might recover some money, go on.

1. Will your company keep me on its Do-Not-Call List for at least 10 years?
2. Does your company have a written policy that states that directive?
3. Can you send me a copy of it?
4. What is your supervisor’s first and last name?
5. What is your employer’s business name, address and main telephone number?

Was the call made between 8 a.m. and 9 p.m. in your local time? If the answer to any of these questions is "No," or if you do not receive an answer at all, this company has violated the TCPA.

Without filing suit or contacting the company directly, you can cause grief to telemarketers who call you illegally when you report violations to the Federal Communications Commission online at www.fcc.gov/Consumers. You can also tell the Federal Trade Commission, which levies fines of up to $10,000 for telemarketing offenses.

You can request your Attorney General to file a suit against the telemarketer. If the Attorney General receives several complaints against the same telemarketer, it may take action against it. You should be able to find telephone numbers for these offices from the government section of your telephone directory or from directory assistance (many AG's are now online).

You can recover money for illegal telemarketing practices. The first step is to write a formal "demand" letter to the president of the company, stating that this letter is a formal claim for money (state the amount you’re claiming) for violations of the Telephone Consumer Protection Act of 1991.

Set forth all of the details of the calls, including dates, times, the name of the persons who called, names of any supervisors you spoke to, the date you requested to be put on the Do-Not-Call List, and anything else you feel is pertinent.

State how you arrived at the amount you’re claiming -- remember, the law says $500 for each violation. If you’re willing to settle for a reduced amount (an "offer-in-compromise"), state that you’re willing to negotiate. Give them a reasonable amount of time to fork over the money (like three weeks).

Tell them if you haven’t received the money by the deadline, you will seek redress in Court. Send the letter Certified Mail, Return Receipt Requested.

In your letter, be sure to ask for a copy of the company’s written Do-Not-Call policy. Failure to provide it can increase your claim by another $500.

Keep in mind chances are you won’t be able to recover anything if the only violation is the telemarketer’s failure to provide an address or phone number. Wait for the second call before asking for payment. Consider settling for a reduced amount. You may get less money than you’re entitled to, but could avoid having to actually sue.

Usually when there is a violation, the company knows it’s in the wrong and is pretty sure it will lose in court. They want to avoid the legal costs and time involved, but mainly they want to avoid adverse publicity. So they’re usually willing to settle out of court for a reduced sum.

Click HERE to see other useful anti-telemarketing web sites. NOTE: To get off calling lists, it is often recommended that consumers register their name and phone number with the Direct Marketing Association's Telephone Preference Service. You should understand that the DMA represents telemarketers. The DMA has set-up a free do-not-call/do-not-junk-mail-me service. Once you have registered with the DMA, they will send your name and address out to all of their members. Within the next six months the member companies will take your name off their calling and mailing lists.

Here is how you register with the DMA

Send your name(s), home address, home telephone number and signature in a letter or a postcard to:

To be removed from junk mailing lists, send your name(s), home address, home telephone number and signature in a letter or a postcard to:

While it would be much easier for you to email your name and address to the DMA, to date they only accept letters and postcards.

• Can I send one letter to be taken off both lists?

No. Unfortunately, the DMA requires consumers to send two letters to be taken off of both lists. While it is a small hassle, it is worth the effort!

• By registering with the DMA will I be removed from ALL of the lists out there?

No. While registering with the DMA will reduce the number of calls and mail pieces you receive, it will not eliminate them. You will still receive calls and mail from merchants who are not members of the DMA, religious and charitable organizations and alumni associations. If you receive a call from one of these organizations, you can ask them directly to place you on their "do not call" list.