Re: [asterisk-users] FTC Bans Prerecorded Telemarketing Drivel

2008-08-21 Thread Alex Balashov
I would be curious to know where, in this classification, fall various 
telemarketing schemes that are technically not cold-calls, but are 
generated from leads that come from customer-provided information, but 
where the customer does not know explicitly that they are signing up to 
receive calls.

For instance, this is common in a number of industries such as financial 
services.  You do a search to get a quote on something, and provide your 
phone number in the process, although the phone number bears no relation 
to the submission and is just an ancillary required item.  Several 
places' telemarketing organisations call you back in response.  For 
example, lendingtree.com.

Is this a solicited call?

Michael Collins wrote:

 Gives us legitimate telemarketers a bad damn name.  :-)
 
 Isn't legitimate telemarketers an oxymoron?

-- 
Alex Balashov
Evariste Systems
Web: http://www.evaristesys.com/
Tel: (+1) (678) 954-0670
Direct : (+1) (678) 954-0671
Mobile : (+1) (706) 338-8599

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Re: [asterisk-users] FTC Bans Prerecorded Telemarketing Drivel

2008-08-21 Thread Jay R. Ashworth
On Thu, Aug 21, 2008 at 02:15:58AM -0400, Alex Balashov wrote:
 I would be curious to know where, in this classification, fall various 
 telemarketing schemes that are technically not cold-calls, but are 
 generated from leads that come from customer-provided information, but 
 where the customer does not know explicitly that they are signing up to 
 receive calls.
 
 For instance, this is common in a number of industries such as financial 
 services.  You do a search to get a quote on something, and provide your 
 phone number in the process, although the phone number bears no relation 
 to the submission and is just an ancillary required item.  Several 
 places' telemarketing organisations call you back in response.  For 
 example, lendingtree.com.
 
 Is this a solicited call?

In order to classify that as a solicited call, I believe, you have to
have language *on the form the customer fills out* that says they're
authorizing you to call, and you have to be able to produce
ink-on-paper if the FTC ever calls you on it.

IANAL.  YMMV.

Cheers,
-- jra
-- 
Jay R. Ashworth   Baylink  [EMAIL PROTECTED]
Designer The Things I Think   RFC 2100
Ashworth  Associates http://baylink.pitas.com '87 e24
St Petersburg FL USA  http://photo.imageinc.us +1 727 647 1274

 Those who cast the vote decide nothing.
 Those who count the vote decide everything.
   -- (Josef Stalin)

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Re: [asterisk-users] FTC Bans Prerecorded Telemarketing Drivel

2008-08-21 Thread Anthony Francis


Jay R. Ashworth wrote:
 On Thu, Aug 21, 2008 at 02:15:58AM -0400, Alex Balashov wrote:
   
 I would be curious to know where, in this classification, fall various 
 telemarketing schemes that are technically not cold-calls, but are 
 generated from leads that come from customer-provided information, but 
 where the customer does not know explicitly that they are signing up to 
 receive calls.

 For instance, this is common in a number of industries such as financial 
 services.  You do a search to get a quote on something, and provide your 
 phone number in the process, although the phone number bears no relation 
 to the submission and is just an ancillary required item.  Several 
 places' telemarketing organisations call you back in response.  For 
 example, lendingtree.com.

 Is this a solicited call?
 

 In order to classify that as a solicited call, I believe, you have to
 have language *on the form the customer fills out* that says they're
 authorizing you to call, and you have to be able to produce
 ink-on-paper if the FTC ever calls you on it.

 IANAL.  YMMV.

 Cheers,
 -- jra
   
Actually in the US all you have to do is provide some proof of a 
business relationship with them. Companes get away with calling you if 
you have ever bought even one item from them.

-- 
Thank you and have any kind of day you want,

Anthony Francis



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Re: [asterisk-users] FTC Bans Prerecorded Telemarketing Drivel

2008-08-21 Thread Jay R. Ashworth
On Thu, Aug 21, 2008 at 09:44:50AM -0600, Anthony Francis wrote:
 Jay R. Ashworth wrote:
  On Thu, Aug 21, 2008 at 02:15:58AM -0400, Alex Balashov wrote:
  I would be curious to know where, in this classification, fall various 
  telemarketing schemes that are technically not cold-calls, but are 
  generated from leads that come from customer-provided information, but 
  where the customer does not know explicitly that they are signing up to 
  receive calls.
 
  For instance, this is common in a number of industries such as financial 
  services.  You do a search to get a quote on something, and provide your 
  phone number in the process, although the phone number bears no relation 
  to the submission and is just an ancillary required item.  Several 
  places' telemarketing organisations call you back in response.  For 
  example, lendingtree.com.
 
  Is this a solicited call?
 
  In order to classify that as a solicited call, I believe, you have to
  have language *on the form the customer fills out* that says they're
  authorizing you to call, and you have to be able to produce
  ink-on-paper if the FTC ever calls you on it.
 
  IANAL.  YMMV.

 Actually in the US all you have to do is provide some proof of a 
 business relationship with them. Companes get away with calling you if 
 you have ever bought even one item from them.

Which doesn't actually speak to the situation about which Alex asked,
and I posited.

Cheers,
-- jra
-- 
Jay R. Ashworth   Baylink  [EMAIL PROTECTED]
Designer The Things I Think   RFC 2100
Ashworth  Associates http://baylink.pitas.com '87 e24
St Petersburg FL USA  http://photo.imageinc.us +1 727 647 1274

 Those who cast the vote decide nothing.
 Those who count the vote decide everything.
   -- (Josef Stalin)

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Re: [asterisk-users] FTC Bans Prerecorded Telemarketing Drivel

2008-08-21 Thread Alex Balashov
Anthony Francis wrote:

 Actually in the US all you have to do is provide some proof of a 
 business relationship with them. Companes get away with calling you if 
 you have ever bought even one item from them.

So, what if you never bought anything, but ended up as a lead in their 
system through some voluntary action?

-- 
Alex Balashov
Evariste Systems
Web: http://www.evaristesys.com/
Tel: (+1) (678) 954-0670
Direct : (+1) (678) 954-0671
Mobile : (+1) (706) 338-8599

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Re: [asterisk-users] FTC Bans Prerecorded Telemarketing Drivel

2008-08-21 Thread Mark Adams

Not to sound arrogant but the law is one thing and enforcement is another,
these types of calls have been illegal for a long time and 9 times out of 10
the only penalty one receives is a civil suit by some back yard attorney
looking for a couple thousand bucks. 

Unless that is you are a serious violator and then that's a different story.


Cases I have ever read about are from yahoos that cant maintain a do not
call list or don't even bother to try. 

My 2 cents

Mark 

-Original Message-
From: [EMAIL PROTECTED]
[mailto:[EMAIL PROTECTED] On Behalf Of Alex Balashov
Sent: Thursday, August 21, 2008 12:23 PM
To: Asterisk Users Mailing List - Non-Commercial Discussion
Subject: Re: [asterisk-users] FTC Bans Prerecorded Telemarketing Drivel

Anthony Francis wrote:

 Actually in the US all you have to do is provide some proof of a 
 business relationship with them. Companes get away with calling you if 
 you have ever bought even one item from them.

So, what if you never bought anything, but ended up as a lead in their 
system through some voluntary action?

-- 
Alex Balashov
Evariste Systems
Web: http://www.evaristesys.com/
Tel: (+1) (678) 954-0670
Direct : (+1) (678) 954-0671
Mobile : (+1) (706) 338-8599

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[asterisk-users] FTC Bans Prerecorded Telemarketing Drivel

2008-08-20 Thread Dean Collins
http://tech.slashdot.org/article.pl?sid=08/08/19/2229245from=rss

Any comments?

 


Cheers,

Dean

 

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Re: [asterisk-users] FTC Bans Prerecorded Telemarketing Drivel

2008-08-20 Thread Steve Totaro
On Wed, Aug 20, 2008 at 8:06 AM, Dean Collins [EMAIL PROTECTED] wrote:
 http://tech.slashdot.org/article.pl?sid=08/08/19/2229245from=rss

 Any comments?



 Cheers,

 Dean

I hate those calls and have been getting them more and more.  It
sounds like there will be no enforcement until early next year, but
good riddance.

The worst one is a company that sells extended vehicle warranties.  I
get them on my cell phone and all of my toll frees.  If I wait to get
someone on the phone to ask to be removed, they immediately hangup,
not saying a word.  With any luck that will stop.

I wish this also applied to political calls too.

Thanks,
Steve Totaro

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Re: [asterisk-users] FTC Bans Prerecorded Telemarketing Drivel

2008-08-20 Thread Fred Posner

http://tech.slashdot.org/article.pl?sid=08/08/19/2229245from=rss

Any comments?



Cheers,

Dean


I hate those calls and have been getting them more and more.  It
sounds like there will be no enforcement until early next year, but
good riddance.

The worst one is a company that sells extended vehicle warranties.  I
get them on my cell phone and all of my toll frees.  If I wait to get
someone on the phone to ask to be removed, they immediately hangup,
not saying a word.  With any luck that will stop.

I wish this also applied to political calls too.

Thanks,
Steve Totaro


I assume it will be more blocked/forged CID or harder to conceal  
companies. You'll end up having to go through the entire menus and  
ordering just to find out the company to enforce it.

smime.p7s
Description: S/MIME cryptographic signature
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Re: [asterisk-users] FTC Bans Prerecorded Telemarketing Drivel

2008-08-20 Thread Jay R. Ashworth
On Wed, Aug 20, 2008 at 09:38:48AM -0400, Steve Totaro wrote:
 The worst one is a company that sells extended vehicle warranties.  I
 get them on my cell phone and all of my toll frees.  If I wait to get
 someone on the phone to ask to be removed, they immediately hangup,
 not saying a word.  With any luck that will stop.

I told them: if you can continue the manufacturer's warranty on my 21
year old BMW, you bring that right on.  I also told them that I'd
already asked to be put on their DNC list, both manually and
automatically, and had gotten a 4th call.

I haven't gotten a fifth.

Their CNID was bogus, too.

Gives us legitimate telemarketers a bad damn name.  :-)

Cheers,
-- jra
-- 
Jay R. Ashworth   Baylink  [EMAIL PROTECTED]
Designer The Things I Think   RFC 2100
Ashworth  Associates http://baylink.pitas.com '87 e24
St Petersburg FL USA  http://photo.imageinc.us +1 727 647 1274

 Those who cast the vote decide nothing.
 Those who count the vote decide everything.
   -- (Josef Stalin)

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Re: [asterisk-users] FTC Bans Prerecorded Telemarketing Drivel

2008-08-20 Thread Michael Collins
 Gives us legitimate telemarketers a bad damn name.  :-)

Isn't legitimate telemarketers an oxymoron?
-MC

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Re: [asterisk-users] FTC Bans Prerecorded Telemarketing Drivel

2008-08-20 Thread Jay R. Ashworth
On Wed, Aug 20, 2008 at 03:32:02PM -0700, Michael Collins wrote:
  Gives us legitimate telemarketers a bad damn name.  :-)
 
 Isn't legitimate telemarketers an oxymoron?

I don't think so, no.  We do B-to-B only, and the FTC apparently
thinks that's sufficiently less intrusive that the TSR's exempt us.

Cheers,
-- jra
-- 
Jay R. Ashworth   Baylink  [EMAIL PROTECTED]
Designer The Things I Think   RFC 2100
Ashworth  Associates http://baylink.pitas.com '87 e24
St Petersburg FL USA  http://photo.imageinc.us +1 727 647 1274

 Those who cast the vote decide nothing.
 Those who count the vote decide everything.
   -- (Josef Stalin)

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