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dixiegrrrrl

(60,010 posts)
Tue Apr 1, 2014, 05:20 PM Apr 2014

Did you know new rules came out for robocallers last Oct?

Thanks to ms. Smiler for showing me the page.

The New Rules For Robocalls

the new rules cover:

a prerecorded telemarketing call to your residential phone number

prerecorded telemarketing call or text to your wireless number

The new rules require that telemarketers first obtain your written consent:
on paper or through electronic means, including website forms, a telephone keypress, or a recording of your oral consent.

telemarketers will no longer be able to make telemarketing robocalls to your landline home telephone based solely on an “established business relationship” with you.
( this is huge!)
Businesses must now have your prior express written consent before making telemarketing robocalls to you, even if they have an established business relationship with you.
(Note: Telemarketers have never been permitted to make robocalls to your wireless phone based solely on an “established business relationship” with you).

If you purchase something from a business or contact the business to ask questions, that IS establishing a business relationship.

Telemarketers must now to allow you to opt out of receiving additional telemarketing robocalls immediately during a prerecorded telemarketing call through an automated menu.
The opt-out mechanism must be announced at the outset of the message and must be available throughout the duration of the call.

There is no change to the prior consent requirement for robocalls and texts that are not telemarketing.
These include messages regarding school closings or messages containing flight information, for example.
You do not have to give your consent for these calls to your landline home phone.
However, your oral or written consent is still required for these types of autodialed or prerecorded calls or texts made to your wireless number.

https://www.fcc.gov/guides/robocalls

14 replies = new reply since forum marked as read
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Historic NY

(37,449 posts)
2. I've been getting ones where they block call back....
Tue Apr 1, 2014, 05:27 PM
Apr 2014

and a few everyday.. I've now taken to call return and today I surprised one...she was informed I was on a do-not-call list and every day you people call me from the location (address) in NY The next call will force me to file a complaint with the Federal Court in White Plains (I have in the past) their attitude changed and the apologized for the inconvience....we will see.

Sometimes you have to go full out urban gorilla on them.

hfojvt

(37,573 posts)
3. so, the bottom line is
Tue Apr 1, 2014, 05:31 PM
Apr 2014

how can I get the ones calling me now, who do not offer that option - TO STOP.

Or better yet, after they don't stop, can I just sue the futhermuckers, bankrupting them and making me rich in the same process.

Now THAT is a noble cause.

dixiegrrrrl

(60,010 posts)
4. Yeah, you CAN sue 'em
Tue Apr 1, 2014, 05:43 PM
Apr 2014

and make a few thousand bucks doing it.

I have asked ms. smiler to do a post showing how, since she says it works for her.

I used to sue fax machine spammers, in Small Claims courtm, in Cal.
500 bucks a whack, and most paid up rather than show up in court.

But have not done so with telemarketers...yet.

ms.smiler

(551 posts)
7. hfojvt, first is your number listed on the Do Not Call list?
Tue Apr 1, 2014, 08:03 PM
Apr 2014

You can register or check your registration here:

https://www.donotcall.gov/

Second, can you identify the callers with a phone number or name?

I reserve my tools like Call Block for callers that I can’t identify. Some are offshore scammers and I don’t get enough information to track them down, so I use measures to limit my inconvenience.

Then, there are the callers I can identify.

Even if a phone number doesn’t appear on my caller ID it often shows on my online phone records. I search the number and usually identify the company and address which is needed when I file a Complaint in my local court. I have noticed that filing a Complaint in my local court works like a charm and the calls cease from the sued party.

It sounds like you’re receiving pre-recorded calls which made even to a landline is an unlawful call. Please let me know if your number is listed on the DNC and what types of calls you’re receiving and if they are on land lines or a cell phone.

Start thinking in terms of $1,500 per call and you’ll get an idea of the fun I’m having since I learned about the Telephone Consumer Protection Act.

http://transition.fcc.gov/cgb/policy/TCPA-Rules.pdf

I don’t know if you’ll bankrupt any scammers or get rich, but you can at least nicely supplement your income.

Ignoring nuisance calls does nothing to discourage unlawful business practices, but holding businesses accountable for unlawful behavior increases the cost of their unlawful behavior and puts money in my pocket.

Win, win.

We have consumer laws to protect consumers. I'm glad I had the good sense to learn about them and make good use of those tools.

FloriTexan

(838 posts)
5. I have noticed the opt out on some calls now...
Tue Apr 1, 2014, 06:02 PM
Apr 2014

Only on some. Its usually at the very end of the call however. So you have to listen to their crap to get to it. As a secretary I get these calls all day x 6 for everyone I answer phones for. They roll from line to line. I now try to stay on the calls to opt out. I'm not very nice when they are live callers.

These calls also seem to work on a prompt from me as the callee. I usually answer the phone "John Doe's office" and that usually means I get nothing from the other side of the call. If I answer with a simple "Hello" it goes right into their recording.

Regardless, I hate these people. They interrupt me all day long.

Nye Bevan

(25,406 posts)
10. None of this stops the "Rachel from Card Services" scammers.
Tue Apr 1, 2014, 08:39 PM
Apr 2014

And the scammers who call offering cheap cruises. And alarm systems. And home improvements. These criminals spoof caller ID, ignore the DNC list, and you have no way to sue them because you don't know who they are. You can report them to the FCC but nothing will happen because the FCC doesn't know who they are either. The only way to fight back is to string them along and waste some of their time.

dixiegrrrrl

(60,010 posts)
13. I have been robo-called every 30 minutes today.
Wed Apr 2, 2014, 12:11 AM
Apr 2014

The answering machine picks up on the 4th ring, the caller than hangs up when it comes on, never leaves any message.
Don;t have caller ID, so no way to tell who this persistent idiot is.

Nye Bevan

(25,406 posts)
14. Caller ID doesn't usually help, as they spoof it.
Wed Apr 2, 2014, 12:17 AM
Apr 2014

It's usually a random number in North Dakota or Wyoming or somewhere.

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