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Consumer Alert: Now you can take revenge on robocallers

 - Idaho Statesman

Published: 09/02/09


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The silence may not be deafening yet, but the lawmakers and agency rule-makers in Washington, D.C., are trying to quiet the robocall. Between consumer complaints and one-too-many congressmen finding themselves on the receiving end of automated recorded sales pitches, the hammer dropped Tuesday. As of Sept. 1, robocalls are illegal.

The robocall is a recorded commercial telemarketing call. Picture yourself enjoying dinner with your family. The kids are laughing at your jokes. Your spouse looks at you with adoration. The phone rings. You pick up the receiver and hear two seconds of silence before a hyper-excited voice starts: "You're paying too much for your credit card. We can lower your mortgage payment by thousands of dollars. Press one, now."

That is a robocall.

Now, if you are part of the 0.000001 percent of the population that enjoys an evening call from a computer promising incredible fortune and opportunity, then you're in luck. The robocall companies can keep your number on their list as long as they have written permission from you.

Here's the beautiful thing: Telemarketers who use recorded telephone messages to contact consumers who have not agreed in writing to accept such calls face penalties of up to $16,000 per call.

The rule does not prohibit calls that deliver purely "informational" recorded messages - those that notify recipients, for example, that their flight has been cancelled, an appliance they ordered will be delivered at a certain time, or their child's school opening is delayed. Such calls are not covered as long as they do not attempt to interest consumers in the sale of any goods or services. For the same reason, the rule also does not apply to debt collection - as long as the calls do not seek to promote the sale of any goods or services.

Of course, politicians are exempt from robocall rule. So are banks, telephone carriers and most charitable organizations. The new prohibition on prerecorded messages does not apply to certain health care messages, either.

But the rule prohibits telemarketing robocalls to consumers whether or not they previously have done business with the seller.

Many of the robocallers have ignored the other laws and rules regarding how they pitch their products. The Better Business Bureau hears from people regularly who tell us they are on the national Do-Not-Call registry, yet continue to receive annoying phone solicitations.

We must realize that having a phone means there's a chance it will be called by a robo-dialer. I've made the conscious decision that I won't let it be a source of frustration. Hanging up is the best option.

However, if you'd like to exact a little revenge, feel free to bring the now-illegal calls to the attention of the feds. File a complaint at www.ftccomplaintassistant.gov or call 1-877-FTC-HELP (1-877-382-4357). A $16,000 fine is sweet revenge for an interrupted dinner.

Where were we? Oh, yes, something about spouse and adoration.

Dale Dixon is president and CEO of the Better Business Bureau, a not-for-profit organization serving Southwest Idaho and eastern Oregon. Reach him at 342-4649 or ddixon@boise.bbb.org.

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