The National Political Do Not Contact Registry - Stop Political Calls BLOG

FTC Releases The 2009 National Do Not Call Registry Data Book

From this release on the FTC website:

FTC Sues to Stop Robocalls With Deceptive Credit Card Interest-Rate Reduction Claims.

The 2009 National Do Not Call Registry Data Book

The FTC today issued the National Do Not Call Registry Data Book for Fiscal Year 2009, which can be found on the FTC Web site at

http://www.ftc.gov/os/2009/12/091208dncadatabook.pdf.

A first-of-its-kind publication, the Data Book contains a wealth of information about the Registry for Fiscal Year (FY) 2009, including:

1. * The number of active registrations and consumer complaint figures since the Registry began in 2003;
2. * FY 2009 complaint figures by month and complaint type;
3. * FY 2009 registration and complaint figures for all 50 states by population;
4. * The number of entities accessing the Registry by fiscal year; and
5. * An appendix on registration and complaint data by consumer area code.

The Do Not Call Registry Data Book also reveals trends in complaint data.

For example, in early May 2009, the Commission filed two related complaints against defendants that used millions of pre-recorded telemarketing calls to pitch consumers supposed “extended warranties” for their vehicles. The FTC alleged that the companies used random, pre-recorded phone calls to deceive consumers into thinking that their vehicle’s warranty was about to expire. While the number of complaints filed with the FTC about such pre-recorded calls had increased consistently each month from December 2008 to April 2009, peaking at 79,347, the number decreased each month after April, reaching a low of 49,804 in August 2009.

Telemarketing Robocallers On The Defensive Across the Nation As the FTC and Attorney Generals Take On Robocallers Who Scam

5/15/09 UPDATE:  KY is now on board.  Click here for the article.

Great news this week for all Americans sick and tired of the endless robo calls pushing auto warranties that people don't need and are way overpriced.  

The Federal Government (FTC) and the Attorney Generals of TX, OK and AR all announced this week that they were filing suit against telemarketers making robocalls.  Last week it was the AG of Indiana.

Here are the links to the articles.

1. FTC Files Suit to Stop Illegal Robocalls Pushing Vehicle “Warranty” Extensions - Click here for link.
2. Arkansas - McDaniel sues over car warranty calls - Click here for link.
3. Texas Attorney General Abbott Takes Enforcement Action Against Auto Warranty Telemarketing Companies - Click here for link.
4. OK - AG sues companies for alleged misleading calls to Okla. consumers - Click here for link.
5. Indiana Attorney General Greg Zoeller files suit against Telemarketers - Click here for link.

The reality is, however, that the FTC has only:

...brought 30 enforcement actions against companies and telemarketers for Registry violations, the largest being a settlement with DirecTV and its telemarketers that resulted in fine of more than $5.3 million.

How many complaints does the FTC receive?  The most recent data I have is:

During FY 2006, the FTC received 1,148,955 complaints.

So, we are talking about 30 enforcement actions and over 1 million complaints A YEAR.

Voting Consumer Alert!: Voter Registration Scams Asking for Social Security Numbers and Credit Card Information

Washington, DC - Shaun Dakin, CEO The National Political Do Not Contact Registry - Sign up for free at StopPoliticalCalls.org

This just in from a New York TV Station and the FTC.

NEW YORK STATE (WKTV) - As the deadline for registering to vote approaches, the New York State Consumer Protection Board (CPB) is alerting consumers to a report from the Federal Trade Commission (FTC) of a voter registration scam involving e-mail or telephone calls. The contact comes from an individual claiming to represent the local election board or another civic group and asks for Social Security numbers or credit card information in order to confirm a person’s eligibility to vote or their voter registration.

 "The Consumer Protection Board urges consumers not to give out their Social Security or other numbers to unsolicited callers or to unsecured e-mail contacts for any reason," said Mindy A. Bockstein, Chairperson and Executive Director of the CPB. "This is yet another scheme by identity thieves to fraudulently obtain Social Security numbers and credit card information in order to steal people’s identity. Don’t fall for it."

 Consumers who receive unsolicited calls or e-mails asking for Social Security numbers or other personal or financial information purportedly needed for voter registration purposes are urged to immediately report them to the FTC at www.ftc.gov. Consumers who may have already provided this information in response to similar requests may be victims of identity theft. Therefore, they should immediately file a complaint with the FTC and then contact the CPB at www.nysconsumer.gov for information and next steps on protecting their identity or remediating their situation.

 New York's deadline to register to vote is 25 days before the election, which this year is Friday, October 10, 2008. The State form is available from the NYS Board of Elections (BOE), 40 Steuben Street, Albany, NY 12207-2108 or consumers may go to www.elections.state.ny.us to look up their voter registration, find their polling place or access links to Voter Registration Forms and information on Absentee Voting. State and federal law requires consumers to provide their NY driver’s license number as an Identification Number when registering to vote. If consumers do not have a license, they may then provide the last four digits of their Social Security number, as directed by New York State. The New York State BOE will accept either the State or National form to register to vote. Voter registration questions should be directed to local election boards or the NYS Board of Elections. Consumers may find further information and the U.S. Election Assistance Commission’s National Voter Registration Form at www.eac.gov/voter.

 "Identity theft affects more than 10 million Americans each year," added Bockstein. "Protect your personal information. Don’t become another statistic."

The CPB, established in 1970 by the New York State Legislature, is the State's top consumer watchdog and think tank. The CPB's core mission is to protect New Yorkers by publicizing unscrupulous and questionable business practices and product recalls; conducting investigations and hearings; enforcing the Do Not Call law; researching issues; developing legislation; creating consumer education programs and materials; responding to individual marketplace complaints by securing voluntary agreements; and, representing the interests of consumers before the Public Service Commission and other State and federal agencies.

Washington, DC - Shaun Dakin, CEO The National Political Do Not Contact Registry - Sign up for free at StopPoliticalCalls.org

FTC Warns of Impending Government Regulation of Web Ad Industry

Washington, DC - Shaun Dakin, CEO The National Political Do Not Contact Registry - Sign up for free at StopPoliticalCalls.org

Either firms involved with behavioral targeting provide clear notice to Web users about data collection, she continued, "Or it's going to get done."

I've been keeping up with activity on online privacy regulation at both the FTC and on the Hill and it seems as if the online advertising industry will soon find itself in the same situation that the telemarketing industry did a decade ago.

If you don't remember, the telemarketing industry tried to "self regulate" in the 90's in order to meet the increasing demand at the state level to create "do not call" regulations.  Since the industry could not seriously regulate itself the Government stepped in. 

The end result was the creation of the Do Not Call registry and regulations that essentially put a major chink in the armor in the business of telemarketing in the USA.

Of course, politicians exempted themselves from the Do Not Call list.  Do you think that they will exempt themselves from online regulations?  I'll bet on it.   

Now, under increasing demand from the public, the internet advertising industry looks like it will be running into the same issue in the same way as the telemarketing industry did a decade ago.

As Kate Kaye reports in today's ClickZ online magazine: "All signs point to official government intervention in the online ad industry."

Congress has been particularly interested in online privacy this summer.    Back in July the House had hearings - click here to read my post at that time - titled:  What Your Broadband Provider Knows About Your Web Use:  Deep Packet Inspection and Communications Laws and Policies.

A big part of the hearings was interest in a company, NebuAd, that sold a product around "deep packet inspection".   Since then, the then CEO has left NebuAd and many of their clients have pulled their business.

Now we are hearing that the FTC will more than likely start the process of creating federal regulation around online advertising.

Will industry ever learn?  I doubt it.

More interesting for me, however, is if politicians will continue to exempt themselves from privacy laws? 

I'm not going to hold my breath.

Here is some of today's article:

As the Federal Trade Commission, Federal legislators and state agencies heighten interest in how marketers use consumer data, it's clear the industry is running out of time to establish a self-policing regime.

"We sounded the clear call for self-regulators," said Eileen Harrington, Deputy Director of the Bureau of Consumer Protection for the FTC. That clear call was a set of self-regulatory guidelines put forth by the FTC late last year.

Either firms involved with behavioral targeting provide clear notice to Web users about data collection, she continued, "Or it's going to get done." In other words, if the industry doesn't start enforcing guidelines for behavioral targeting -- including providing clear, concise and prominent statements about online data collection for advertising -- the government will step in to ensure enforcement occurs.

"This is a very juicy policy issue in Washington," said Harrington. The longer the debate goes on, she suggested, "the more likely policies are going to develop." Harrington described the back-and-forth between government and industry entities as "a game of chicken."

Washington, DC - Shaun Dakin, CEO The National Political Do Not Contact Registry - Sign up for free at StopPoliticalCalls.org

FTC Bans Commercial Robo Calls, Perhaps McCain "led" This Effort As Well

Washington, DC - Shaun Dakin, CEO The National Political Do Not Contact Registry - Sign up for free at StopPoliticalCalls.org

Great news for consumers, the FTC has revised the Telemarketing Sales Rule (“TSR”) to ensure that commercial telemarketers can no longer robo call consumers.

Perhaps McCain will take credit for this as well?  Or Obama.   Nope.

Four critical things to know:

1. No more commercial robo calls to consumers without express written permission that the consumer would like to receive them (which means few people will do so).
2. Require that, by December 1, 2008, sellers and telemarketers provide, at the outset of all prerecorded messages, an automated keypress or voice-activated interactive opt-out mechanism so that consumers can opt out as easily as they can from a live telemarketing call.
3. Permit sellers, as under the forbearance policy (#2 above), to continue for one year after the rule's publication to place calls delivering prerecorded messages to consumers with whom they have an established business relationship, after which no prerecorded message calls can be made to consumers without their express permission.
4. Politicians remain exempt from this rule.

Here is the press release:

The Federal Trade Commission today announced two amendments to the Telemarketing Sales Rule (TSR). One will expressly bar telemarketing calls that deliver prerecorded messages, unless a consumer previously has agreed to accept such calls from the seller. The other related technical amendment modifies the TSR's method of calculating the maximum permissible level of "call abandonment."

The amendments will not affect consumers' ability to continue to receive calls that deliver purely "informational" prerecorded messages - notifying recipients, for example, that their flight has been cancelled, that they have a service appointment, or similar messages. Such purely "informational" calls are not covered by the TSR because they do not attempt to sell the called party any goods or services.

"Just like the provisions of the Do Not Call Registry, these changes will protect consumers' privacy," said FTC Chairman William E. Kovacic. "The amendments now directly enable consumers to choose whether they want to receive prerecorded telemarketing calls."

The amendments announced today will be published in the Federal Register shortly, and are available now as a link to this press release on the FTC's Web site. They are the result of a rulemaking proceeding initiated in 2004 in which the FTC, responding to a petition from the telemarketing industry, proposed a change in the TSR to allow calls that deliver prerecorded messages to consumers with whom a seller had an established business relationship.

The nearly 14,000 comments elicited by that proposal overwhelmingly opposed such a change. Based on that record, in October 2006 the Commission altered its position and instead proposed a broad prohibition on the use of prerecorded messages whenever the consumer called had not previously given express written permission to the seller to place such calls to his or her number. The action announced today adopts the October 2006 proposal, with several refinements suggested by the more than 600 comments it elicited.

The New TSR Amendments

Specifically, the TSR amendments adopted by the Commission and announced today:

• Expressly prohibit telemarketing sales calls that deliver prerecorded messages, whether answered in person by a consumer or by an answering machine or voicemail service, unless the seller has previously obtained the recipient's signed, written agreement to receive such calls;
• Permit sellers to obtain the required permission for prerecorded message sales calls from a consumer in any manner permitted by the Electronic Signatures In Global and National Commerce Act (E-SIGN Act);
• Exempt healthcare-related prerecorded message calls that are subject to the Health Insurance Portability and Accountability Act (HIPAA) from the prohibition on telemarketing calls that deliver prerecorded messages;
• Exempt from the written agreement requirement all charitable solicitation calls placed by for-profit telemarketers (telefunders) that deliver prerecorded messages on behalf of non-profits to members of, or previous donors to, the nonprofit, but require that such calls include a prompt keypress or voice-activated opt-out mechanism;
• Require that, by December 1, 2008, sellers and telemarketers provide, at the outset of all prerecorded messages, an automated keypress or voice-activated interactive opt-out mechanism so that consumers can opt out as easily as they can from a live telemarketing call;
• End the FTC's current policy of forbearing from bringing enforcement actions against sellers and telemarketers who place prerecorded calls that meet certain specified conditions that would be inconsistent with the new requirements; but
• Permit sellers, as under the forbearance policy, to continue for one year after the rule's publication to place calls delivering prerecorded messages to consumers with whom they have an established business relationship, after which no prerecorded message calls can be made to consumers without their express permission.

The prerecorded call amendment requires that any prerecorded telemarketing call must: 1) allow the telephone to ring for at least 15 seconds or four rings before an unanswered call is disconnected; 2) begin the prerecorded message within two seconds of a completed greeting by the consumer who answers; 3) disclose at the outset of the call that the recipient may ask to be placed on the company's do-not-call list at any time during the message; 4) in cases where the call is answered by a person, make an automated interactive voice and/or keypress-activated opt-out mechanism available during the message that adds the phone number to the company's do-not-call list and then immediately ends the call; and 5) in cases where the call is answered by an answering machine or voicemail, provide a toll-free number that allows the person called to be connected to an automated interactive voice and/or keypress-activated opt-out mechanism anytime after the message is received. The telemarketer, while complying with each of these provisions, also must be in compliance with all other requirements of the TSR and other federal and state laws.

The additional technical amendment the Commission has made pertains to the method of calculating the maximum allowable rate of call abandonment that telemarketers may have. Call abandonment is a side-effect of very efficient telemarketing equipment called predictive dialers. Predictive dialers place calls in anticipation that a salesperson will become available by the time one of the numbers called is answered.

Inevitably, a call will sometimes connect when no sales representative is available. The TSR sets a limit on how often this can occur. It requires that at least 97 percent of a telemarketer's calls that are answered in person - not by an answering machine - be connected to a salesperson within two seconds after a consumer answers. This is designed to minimize the number of "dead air" and "hang-up" calls that result when no salesperson is available to take the call. The amendment will retain the current three percent permissible abandonment rate, but will permit it to be calculated over a 30-day period, rather than on a daily basis as is now the case. The change will permit the use of smaller calling lists than before without an appreciable increase in call abandonments. It will enable all sellers to target their calling campaigns to consumers most likely to be interested in their offer, and will benefit small businesses that have smaller customer lists in particular.

Effective Dates

The provision requiring that all prerecorded telemarketing calls provide an automated interactive opt-out mechanism will become effective on December 1, 2008. The provision requiring permission from consumers to receive such calls will become effective September 1, 2009. The amendment modifying the method for measuring the maximum allowable rate of call abandonment will become effective on October 1, 2008.

The Commission vote approving issuance of the Federal Register notice announcing the amendments to the TSR was 4-0. The notice will be published in the Register shortly and can be found on the FTC's Web site as a link to this press release.

Copies of the prerecorded call amendments to the TSR are available from the FTC's Web site at http://www.ftc.gov and also from the FTC's Consumer Response Center, Room 130, 600 Pennsylvania Avenue, N.W., Washington, DC 20580. The Federal Trade Commission works for consumers to prevent fraudulent, deceptive, and unfair business practices and to provide information to help spot, stop, and avoid them. To file a complaint in English or Spanish, visit the FTC's online Complaint   Assistant or call 1-877-FTC-HELP (1-877-382-4357). The FTC enters complaints into Consumer Sentinel, a secure, online database available to more than 1,500 civil and criminal law enforcement agencies in the U.S. and abroad. The FTC's Web site provides free information on a variety of consumer   topics.    

MEDIA CONTACT:

Mitchell J. Katz,
        Office of Public Affairs
        202-326-2161

STAFF CONTACTS:

Craig Tregillus or Allen W. Hile,
        Bureau of Consumer Protection
        202-326-2970; 326-3122

(FTC File No. R411001)
      (TSR - Prerecorded.final.wpd)

                                                           

Washington, DC - Shaun Dakin, CEO The National Political Do Not Contact Registry - Sign up for free at StopPoliticalCalls.org

FTC Bags Dish Network Marketers - $11M reduced to $95k

Washington, DC - Shaun Dakin, CEO The National Political Do Not Contact Registry - Sign up for free at StopPoliticalCalls.org

The FTC has bagged another one.  Just announced this week, the FTC scored a $95k fine against two Dish network marketers from Arizona and Nevada (why is it that these slime bags are always in Nevada, AZ and Florida?)

Unfortunately for the US Taxpayer, however, the total fines against these companies was in excess of $11 Million.  Yes, that is $11 Million.   Bummer for us that these guys are not able to pay that level of fines and that the total of the fines was reduced to $95k.

I guess that is better than nothing.

The names of the companies are:

1) Planet Earth Satellite, Inc., doing business as (d/b/a) Teichert Marketing, and Thomas Teichert, individually and as an officer of Planet Earth Satellite, Inc.; and 2) Star Satellite, LLC, d/b/a Tenaya Marketing, Walter Eric Myers, individually and as an officer of Star Satellite, LLC, and various relief defendants.

Here are some details from the press release.  Click here to see the entire release.

Under the terms of court orders announced by the Federal Trade Commission today, two companies telemarketing Dish Network programming have agreed to pay a total of $95,000 for calling consumers whose telephone numbers are on the National Do Not Call (DNC) Registry and for illegally abandoning calls.

The orders, filed by the U.S. Department of Justice on the FTC's behalf, also bar the defendant corporations, Planet Earth Satellite, Inc. and Star Satellite, LLC, as well as their presidents, from violating the Commission's Telemarketing Sales Rule (TSR) when calling consumers.

"These settlements reemphasize that we expect marketers to comply with the Telemarketing Sales Rule," said Lydia Parnes, Director of the Commission's Bureau of Consumer Protection. "But, if or when they don't, the FTC will take action to protect consumers' privacy."

       

Washington, DC - Shaun Dakin, CEO The National Political Do Not Contact Registry - Sign up for free at StopPoliticalCalls.org

FTC Releases FY 2007 Do Not Call Registry Report

Washington, DC - Shaun Dakin, CEO The National Political Do Not Contact Registry - Sign up for free at StopPoliticalCalls.org

The FTC just released the FY 2007 Do Not Call Registry report to congress. 

Political calls, market research calls, and non-profit calls continue to remain exempt.

Of note.  Out of more than a million complaints only three new cases against telemarketing companies were initiated in 2007.   That is pretty pathetic.

Here are the highlights:

• By the end of FY 2007, there were more than 145 million telephone numbers onthe National Registry.
• Harris Interactive® surveyed over 2,500 adults and found that of the 72% of Americans  who had registered their telephone numbers for the “Do-Not-Call Registry,” 18%  reported that they currently received no telemarketing calls.
• The National Registry, which continues to provide consumers with an effective means to limit unwanted telemarketing calls, received over 19 million new registrations during FY 2007.
• Approximately 66,000 sellers, telemarketers,  and exempt organizations accessed the National Registry during the fiscal year,  with over 6,000 of those entities paying fees totaling more than $21.5 million.
• The FTC initiated three new cases alleging violations of the National Registry and resolved or added defendants to eight cases that were filed before FY 2007 but were still pending.
• During FY 2007, the FTC received 1,297,865 complaints from 433,065 unique registered telephone numbers, which constituted approximately 0.3% of the total number of registered telephone numbers at the end of FY 2007.

Washington, DC - Shaun Dakin, CEO The National Political Do Not Contact Registry - Sign up for free at StopPoliticalCalls.org

FTC Extends Do Not Call Registry: do-not-call registrations must be honored indefinitely

Washington, DC - Shaun Dakin, CEO The National Political Do Not Contact Registry - Sign up for free at StopPoliticalCalls.org

Finally, the FTC officially announced today that existing and future do-not-call registrations must be honored indefinitely.

As you probably know, when the Do Not Call list was introduced in 2003 it came with a five year limit.  At that time each consumer would need to re-visit donotcall.gov and re-register their phone number.

That provision probably made sense to the direct market industry, but, as many politicians discovered it made no sense to consumers.

So, in probably the easiest action by this Congress the rules of the Do Not Call list were amended so that once a consumer registers their phone numbers they are on the list forever.

Of course, politicians are still exempt from the Do Not Call list.

As are charities and market research companies.

These exemptions need to be looked at again.   If a consumer goes to donotcall.gov and voluntarily opts out of these calls, they should be allowed to do so.

It would be only fair.

But that is too easy for Congress.  As this Washington Post article states:

FTC data show that more than 157 million phone numbers have been included in the registry since it opened in June 2003.

That would be 157 million people politicians could not call.

Federal DNC List - Politicians Can and Will Telemarket To Your Cell Phone, And There Are No Laws To Stop Them

The urban legend that will not die is that big telecom is creating a cell phone 411 directory that will be released to telemarketers.

The email says that you must add your cell phone number to the DNC list by a deadline to avoid being called and to avoid having telemarketers waste your minutes.

It is false.

But......

If politicians get a hold of your cell phone number, watch out!

Wait, you say, aren't cell phone numbers regulated.  Aren't telemarketers banned from calling them?  Yes, and Yes.

But, politicians are exempt. 

Yeap, they are excluded from the federal Do Not Call registry.

So.  If you happen to register to vote and put your cell phone number down on the registration card, you'll be called.

If you happen to contribute to a party or candidate and put your cell phone number down, you'll be called.

And, guess what, there is nothing you can do about it.

Nothing, unless of course you sign up for free to join the National Political Do Not Contact Registry.

What are your thoughts?

clipped from www.washingtonpost.com Agency Seeks to Quell Cell Phone Rumors By CHRISTOPHER S. RUGABER The Associated Press Friday, October 12, 2007; 1:13 PM   WASHINGTON -- An e-mail warning consumers that cell phone numbers will soon be released to telemarketers is making the rounds again, and government officials have a key detail they'd like to add: it's totally bogus. The e-mails say that recipients must add their cell phone numbers to the federal government's Do Not Call registry by a certain deadline in order to avoid being deluged by telemarketing calls. But there is no deadline, cell phone numbers aren't about to be released to telemarketers and it is already illegal for most telemarketers to call mobile phones, the Federal Trade Commission said Friday.   "This is an urban legend that will not die," Katz said, requesting that recipients stop forwarding it to others.

FTC On Hold For Requirement That Consumer Re-Register Phone Numbers After 5 Years

After a large outcry by Congressmen and citizens, the FTC has decided to hold off removing phone numbers that were registered on the national Do Not Call list five years ago in 2003.

The original regulation mandated that numbers would remain for five years and then the consumer would need to re-register or the number would be "purged" from the list (database) and telemarketers could begin to call those numbers again!

This is great news for consumers, not so much for telemarketing firms.

clipped from www.post-gazette.com FTC holds on paring do-not-call list By Patricia Sabatini, Pittsburgh Post-Gazette Wednesday, October 24, 2007 The Federal Trade Commission said yesterday it would not remove any telephone numbers from the national Do Not Call registry until federal legislators decide whether to make the list permanent. The agency said it made the decision in response to "consumer concerns regarding this popular program," which blocks most telemarketing calls. Currently, registration expires after five years. People who signed up when the list was launched are scheduled to start falling off the registry in June 2008, unless they re-register.