Telephone Order Rights
o Some states have telemarketing laws that require written
contracts, automatic cancellation periods or registration of
telemarketing companies. Contact your state or local consumer
protection agency. Federal telephone order rules require
companies that take consumers' orders by phone, computer or fax to:
o ship the merchandise within 30 days of receiving a completed
order or within a different timeframe if it is stated in their ads;
o notify consumers if shipment can't be made on time and give them
the choice of waiting longer or receiving refunds; and o cancel
their orders and return their money (or give them credits on their
charge accounts) if the revised shipping date can't be met, unless
the consumers agree to another delay. Use Caution and Common Sense
o Don't be pressured into acting immediately or without the full
information you need.
o Shop around and compare costs and services.
o Report all fraudulent activity to your consumer agency. Check
the company out with your consumer protection agency or the Better
Business Bureau.
o If the solicitation came by mail, call the Postal Crime
Hotline at 1 (800) 654-8896 (toll free) for more advice on not
becoming a victim.
o Call the National Fraud Information Center, administered by the
National Consumers League, at 1 (800) 876-7060 (toll free) for
information about telemarketing fraud.
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.
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