TeleJunk: How to Fight Back

You can fight back!

Don't take it lying down...

Telemarketers call dozens of people in order to make a single sale or prospect, knowing that they will do nothing else but disturb and waste the time of the vast majority of those they call. It's just a numbers game to them.

About 80% of folks do not wish to receive such calls, yet some companies persist. They take advantage of people's good nature in that they are not totally overwhelmed by complaints and demands to be added to the "do-not-call" list. If everyone who doesn't appreciate these calls complains to the managers or owners when they receive such a call, I think many companies will think twice about continuing with their telemarketing campaigns.

Understand your rights (and the telemarketer's obligations) under the law.

Telemarketers are required to have a written policy for maintaining a do-not-call list, and to make it avaialble upon demand. Ask to speak to a manager, or at a later time specfically call a manager, owner, or officer of the company. Demand that they add you to their do-not-call list, and provide you with a copy of their written policy as per the law (47 USC, Section 227 and 47 CFR § 64.1200).

Telemarketers are required to provide you with their name, the name of the organization or company, and an address or phone number. They must volunteer this information - you do not have to ask for it. (47 CFR § 64.1200(e)(2)(iv) )

Enforce your rights!

Demand payment for the damages you are entitled to under the law. (A real-life sample demand letter can be found here.) You are entitled under federal law to collect $500 per violation if a telemarketer calls you twice in a 12-month period and:

• has called after you have requested your phone number added to their do-not-call list within the past ten years, or
• fails to provide a copy of their written do-not-call policy upon demand, or
• fails to provide you with a phone number or address for reaching the company. (You don't have to ask for it - they must give it out on their own), or
• does not have written do-not-call procedures in place, or
• failed to adequately train their personnel in the use of the do-not-call list.

Vote with your wallet.

Who wants to help finance the staff, equipment, and phone lines of an operation that disturbs thousands (or even millions) of people? Make a point to not do business with companies that engage in unsolicited telemarketing. Tell your friends and associates, too.

If you think this is in any way extreme - please don't shed any tears for the telemarketers. Telemarketers don't hesitate to...

• ...sequentially dial all phone numbers in a given exchange, (e.g. 555-0000, 555-0001, 555-0002, etc.) so they hit everybody - including folks with unlisted numbers.
• ...use sophisticated automatic dialing systems called predictive dialers. These systems monitor factors such as the average call length, average busies, average no answers to try to always have a representative just coming available as a new call is answered. (Let's milk that minimum wage for all it's worth!) When a rep. is not available, the call just answered is simply dropped and put back in the list to be called later. An abandonment rate as high as 3% is considered "responsible" by the industry.
• ...call hundreds or thousands of people per day, knowing that they will do nothing else but disturb the vast majority of them for their own financial gain.
• ...look through public records from the courthouse to find people that are presently good candidates to hit up for things like homeowners insurance.