'Robo calls' can be fought

By PHIL MULKINS World Action Line Editor - 10/2/2009


Dear Action Line: I'm on the Do Not Call List, but almost daily I get these auto-dialer calls from a synthetic computer voice offering me information on burial policies. It wants my name and address to send more information. I hang up. I'm sure this is a violation of the Do Not Call List, but it looks like they have found a way around it. — P.G., Tulsa

Auto-dialers: Automatic-dialing and announcing devices are covered by the Oklahoma Consumer Protection Act.

They can legally be used by collection agencies to call debtors, but not for telemarketing calls.

Even if you're not on Oklahoma's "Don't Call Registry," it is still a violation of state law for telemarketers to make auto-dialer solicitation calls.

Document your complaint: Install a phone recording device on your primary phone line to document repeated, illegal, auto-dialer calls (robo calls) and keep a journal of exact dates and times the calls come in.

Report them to the Consumer Protection Unit, Oklahoma Attorney General, 313 NE 21st St., Oklahoma City, OK 73105; call (405) 521-3921; or make your report online at tulsaworld.com/AGconsumerComplaint.

Feds outlaw robo calls: The Federal Trade Commission announced in late August (tulsaworld.com/FTCrobocalls09) that, effective Sept. 1, a new FTC rule prohibits "unwanted 'robo calls' to people unless telemarketers have first obtained prior written approval from consumers who want to receive them."

Billions of robo calls: "American consumers made it crystal clear few things annoy them more than the billions of commercial telemarketing robo calls they receive every year," said FTC Chairman Jon Leibowitz. "Now this bombardment of pre- recorded pitches, senseless solicitations and malicious marketing is illegal. If consumers think they're being harassed by robo callers, they need to let us know, and we will go after them."

Exceptions: The new requirement is part of the amendments to the agency's Telemarketing Sales Rule that were announced a year ago. Violators of the new rule face penalties up to $16,000 per call.

The rule amendments now in effect do not prohibit calls that deliver purely "informational" recorded messages — those that notify recipients, for example, that their flight has been canceled, an appliance they ordered will be delivered at a certain time, or that their child's school opening is delayed.

More exceptions: The rule amendments also do not apply to calls concerning collection of debts where the calls do not seek to promote the sale of any goods or services.

Calls also not covered include those from politicians, banks, telephone carriers and most charitable organizations, and prerecorded health-care messages.

The amendments prohibit telemarketing robo calls to consumers, regardless of whether they previously had a business relationship with the seller.

File a complaint with the FTC, either on the donotcall.gov Web site or by calling (888) 382-1222.

FTC's 2008 press release on the latest telemarketing rules and a link to the related Federal Register notice can be found on FTC's Web site at: tulsaworld.com/FTCrobocalls08.



Submit Action Line questions by calling 699-8888 or by e-mailing phil.mulkins@TulsaWorld.com or by mailing it to Tulsa World Action Line, PO Box 1770, Tulsa OK 74102-1770.




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