Global Contact Services LLC is making illegal telemarketing calls

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I have gotten 10 or so calls from GCS @304-877-2950. I posted about this yesterday. Today I spoke to the FTC counselor filing my complaint and asked if there was anyway they could be making the calls legally. My counselor said no. Here is the reason. She said I had no prior relationship with their clients so they cannot call me legally. They weren't seeking charitable contributions and they weren't calling about political donations.

GCS has clients like Bank of America, Insurance Companies, Verizon Telephone and does telemarketing for the Presidential campaign(over with) and some local election stuff(also over with). I spoke to CARRIE at the site the call originated from, Mt Hope, West Virginia @ (304)-877-0427 who explained to me who their clients included and what they do there in Mt Hope. She was polite even offering to pull up the call info to see the specifics. She said the calls were made legally because their clients are banking and insurance related. She said she could put my name or number on their DNC list.

BUT the FTC counselor said something else. Because there never was any business relationship between myself and these banking and insurance clients they acted illegally. They are a for profit LLC doing calls as the 3rd party for banks and insurance and I am not and never have had a business relationship with any of them. I am so happy I pushed on and looked into this rather than dropping it.

Some types of businesses, individuals, and activities are outside the FTC’s jurisdiction, and therefore, not covered by the TSR. Certain calls or callers are exempt from the Rule, too. Moreover, some of the exemptions from the original Rule have been narrowed in the Amended Rule. As a result, some calls or callers may be completely exempt or they may be partially exempt—that is, they may have to comply with some of the Rule’s provisions. The following sections explain the coverage of the Rule and the exemptions. Be aware that the FCC also regulates telemarketing practices; its jurisdiction extends to some entities and activities that are not subject to regulation by the FTC. For more information about the FCC’s rules, visit www.fcc.gov.

Some Types of Businesses and Individuals

Some types of businesses are not covered by the Rule even though they conduct telemarketing campaigns that may involve some interstate telephone calls to sell goods or services. These three types of entities are not subject to the FTC’s jurisdiction, and not covered by the Rule:

* banks, federal credit unions, and federal savings and loans.
* common carriers—such as long-distance telephone companies and airlines—when they are engaging in common carrier activity.
* non-profit organizations—those entities that are not organized to carry on business for their own, or their members’, profit.

These types of entities are not covered by the Rule because they are specifically exempt from the FTC’s jurisdiction.

Here is the part that applies:
*****Nevertheless, any other individual or company that contracts with one of these three types of entities to provide telemarketing services must comply with the Rule.********

Examples:

* A non bank company that contracts with a bank to provide telemarketing services on the bank’s behalf is covered.
* A non-airline company that contracts with an airline to provide telemarketing services on behalf of the airline is covered.
* A company that is acting for profit is covered by the Rule if it solicits charitable contributions on behalf of a non-profit organization.

www.fcc.gov.