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Laws provide protection against telemarketing

March 9, 2010
By PATRICK DONLIN pdonlin@sungazette.com

Some subscribers of "Do Not Call" lists still may be contacted by telemarketers who are prohibited from exhibiting misleading behavior.

Nils Frederiksen, state attorney general office spokesman, said they're required to follow Consumer Protection and Do Not Call laws.

Consumer Protection law is broad-based, according to Frederiksen.

"It requires us to prove that someone intended to deceive," he said.

Basic information should be attainable. Consumers skeptical about a call should politely attempt to get as much information as possible, in case they need to file a report with Frederiksen's office.

Name of the call center, the phone number they called from and their contact address is core data Frederiksen said is helpful.

"Don't be confrontational; just ask for more information about the business," he said.

The state attorney general's office received more than 52,000 Consumer Protection Law complaints last year, of which Frederiksen said just over 10 percent included violations of the Do Not Call law.

Businesses can't get on a "do not call" list, but Frederiksen said residents can subscribe their land line and cell phones.

"The Do Not Call Law prohibits telemarketers from calling consumers unless there is a pre-existing relationship with them or they have asked a business to contact them," Frederiksen said.

Credit card customers not paying their bills may get a telephone call, according to Frederiksen.

He said someone attending a trade show who doesn't read contest entry fine print may get marketing calls as well.

If they're conducting surveys, seeking money for a charitable non-profit group or calling for a political campaign, Frederiksen said callers may contact residents, even those enrolled in a state or federal Do Not Call List.

There can be exceptions to the exceptions, especially if telemarketers are being deceptive.

"We do get calls about deceptive fundraisers," Frederiksen said. "Someone might call from out-of-state and say they're representing the local police or fire department when in fact they don't have that relationship."

Some people who signed up when the Do Not Call list became available in 2002 may get telemarketing calls.

Frederiksen said names stay on the list for five years.

Signing up for both lists is free of charge.

Frederiksen said residents can sign up for the state Do Not Call list by visiting his agency's Web site at www.attorneygeneral.gov.

Signing up for the federal list is possible at www.donotcall.gov.

If anyone's suspicious they're being deceived, Frederiksen encouraged them to file a complaint with his office.

 
 

 

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