Blocking Telemarketing Calls

Blocking Telemarketing Calls

You have the right under federal law:

o to tell a company not to call you by phone or not to contact you
in writing; the company must keep a list of these consumers and not
contact them; keep a record for your file;

o not to get calls before 8 a.m. or after 9 p.m.;

o not to receive unsolicited ads by fax; and

o to be disconnected from a pre-recorded machine-delivered message
within five seconds of hanging up.

Some states do not allow telemarketers to call people who do not
want to receive calls. Contact your state or local consumer
protection agency to check your state's rights.

To reduce telephone calls you do not want, you can sign up with the
free Telephone Preference Service operated by the Direct Marketing
Association, a private trade group. To join, write to the
Telephone Preference Service, P.O. Box 9014, Farmingdale, NY 11735.


To report violations of the telephone order rule, contact the
Federal Trade Commission. If you made the telephone transaction in
response to a postcard or other mailing, contact the U.S. Postal
Inspection Service or the Postal Crime Hotline at 1 (800) 654-8896
(toll free). For information on the laws in your state, contact
your state or local consumer protection agency.

Calls That Cost: 900 Numbers and Other Pay-Per-Call Services
Unlike 800 numbers which are free, you pay a fee when you call a
900-type number. The company or organization you're calling sets
the price, not the telephone company. Most states do not
regulate the cost of these calls. Charges can vary from less than
a dollar to more than $50. Federal law requires that: o consumers
be told the cost of calling the number and given a description of
the product and service. This must appear in advertisements and,
for calls costing more than two dollars, in the introductory
message or preamble at the beginning of the call;

o the cost of calling must be disclosed by flat rate, by the
minute with any minimum or maximum charge that can be determined,
or by range of rates for calls with different options; all other
fees charged for services and the cost of any other service to
which a caller might be transferred must be disclosed;

o consumers must be given time to hang up after the introductory
message without being charged; there must be a signal or tone to
let them know when the preamble ends;

o no charges can be made for calling 800 numbers unless the
consumer agrees in advance to be charged;

o any pay-per-call services offering sweepstakes, prizes or awards
must disclose the odds of winning or the factors for determining
the odds;

o ads directed to children under age 12 are not allowed unless
they are for legitimate educational services;

o ads directed primarily to people under the age of 18 must state
that parents' consent is needed to call the number; and o ads for
information about Federal programs offered by private companies
must state clearly that they are not endorsed, approved or
authorized by government agencies.

Protect yourself from fraud by avoiding:

o ads that don't describe clearly the goods or services or the
cost of the calls;

o offers of "free" gifts or prizes just for calling;

o promises of jobs, loans, credit cards for people with poor
credit, "credit repair" or other services aimed at consumers who
are in financial hardship;

o contests to win money in which little or no skill is required;

o services targeted to children under 12 which don't appear to
serve any legitimate educational purpose; and

o offers of cheap travel or any other deals that seem to be "too
good to be true."

Hang up if you're being switched from an 800 number to a 900 number
without your prior consent.

What You Need to Know about 800 Numbers

Generally, you cannot be charged for 800 numbers. However, there
are two exceptions. Charges for an 800 number can be made only if:


o you have a "pre-subscription arrangement" with the company (for
example, with an information service). This means you already have
an agreement to accept charges before you called the 800 number; or


o you agree to a credit card charge.

Your Rights and Recourse

o If you question 900-type number charges which appear on your
phone bill, you can dispute the bill. Your local and long
distance telephone service cannot be disconnected for disputed pay-
per-call charges.

o In most cases, the charge for a pay-per-call service is
collected by the local telephone company on behalf of the service
provider. Follow the instructions on your bill immediately to
dispute the charges. Keep a record of whom you talked to, and the
date and copies of any letters you send. Pay the undisputed
portion of your phone bill.

o Even if the telephone company removes the charges, the debt
might be turned over to a collection agency by the service
provider. Send the collection agency a letter explaining why you
dispute the debt. (See the section on Credit, page 19.)

o To avoid problems with 900-type numbers, you can request
"blocking" from your local phone company. Blocking prevents 900
numbers from being dialed from your phone.

o If you suspect a violation of pay-per-call rules, contact your
state or local consumer protection agency and the Federal Trade
Commission. If the ad for the number came by mail, write to the
U.S. Postal Inspection Service or call the Postal Crime Hotline at
1 (800) 654-8896 (toll free). If you are not satisfied with the
way the phone company handled your complaint, contact the Federal
Communications Commission. (See page 105 for information on how to
contact Federal government agencies.)

Door-to-Door Sales

o Ask to see the salesperson's personal identification and license
or registration if that is required where you live. Make note of
his/her name, the name and address of the company, and whether the
salesperson carries proper identification.

o Ask for sales literature and then call local stores that might
sell the same merchandise to compare prices. Some door-to-door
products might be overpriced.

o Don't be pressured into buying something. Watch for the warning
signs: an offer of a "free gift" if you buy a product, an offer
that is only good for that day, or you're told that a neighbor just
made a purchase.

o If you feel threatened or intimidated, ask the person to leave.
Don't leave the person unattended in any room of your home. If you
are suspicious, report the incident to the police immediately.