Past Quotes Of The Week

Read anything interesting or outrageous from our wonderful friends in the telemarketing industry?  E-mail it to us! It may be our next "Quote Of The Week!"

June 21, 2009

"The American Teleservices Association and its members stand beside the federal government and its agencies in the fight against fraud,  It is illegal for firms or individuals to use a legitimate channel of customer communication like the telephone to perpetrate criminal acts such as the auto warranty fraud currently being committed. It is for this very reason that the ATA has established consumer guidelines to assist the public in assessing whether a call is legitimate or fraudulent."

Tim Searcy, CEO of the American Teleservices Association (formerly the American Telemarketing Association), speaking out against companies believed to be behind a national wave of spam "robocalls" warning people that their auto warranties are about to expire and stating that they need to sign up for a new service plan.  The American Teleservices Association (ATA), a non-profit professional trade association representing the contact center industry, condemns such practices and strongly supports the removal of such fraud. Association and industry leaders are calling on their contacts in Washington, as well as various State Attorneys General, to quickly focus on anti-fraud enforcement. The ATA is suggesting that congressional hearings be conducted to address legislative action against these illegal calls that are affecting thousands of consumers nationwide. Today, the ATA also contacted representatives at the FTC and pledged its continued support of their efforts to protect consumer rights and legitimate use of the phone to conduct business.

Consumer complaints regarding car warranty scams are believed to number over 10,000 with the FTC, over 140,000 to local Better Business Bureaus, and a national total is estimated to exceed 300,000 reports, as stated in a news conference announcement on Tuesday from Senators Charles Schumer (NY-D) and Mark Warner (VAD). The FTC has inquiries under way into several companies involved in the deceptive calls and is also providing an electronic link on its homepage for consumers to file complaints.

From a press release on the ATA web site, American Teleservices Association Condemns Auto Warranty Telemarketing Scams, Association Pledges Full Resources in Support of Anti-Fraud Enforcement and Calls on Congress to Address Issues, May 13, 2009.  Mr. Searcy can be reached, toll free, at: (866) 500-4272 x103.

CATS Comment:  Searcy recently said on a radio program that these robo calls are giving the industry a bad name.  Now that's a laugh!

Its good that the ATA finally gets a taste of the frustration that we consumers have put up with for over 20 years.  All we can say, Tim, is; What non profit advocacy group tried to make telemarketing sound like a good thing?  The ATA, of course.  You and your fellow telemarketing members have earned your place in the court of public opinion.

June 14, 2009

"Deceptive telemarketers are defrauding businesses and consumers of hundreds of millions of dollars in an already difficult economic climate.  Through Operation Mirage, we are cracking down on this criminal activity with enforcement action and public education."

Andrea Rosen, Deputy Commissioner of Competition for the Canadian Competition Bureau, commenting about Operation Mirage, which has taken action against 50 organizations and individuals in the Montreal area, including executing 10 search warrants.

This criminal investigation is being conducted under the newly amended Competition Act, which allows for significantly higher penalties for those convicted of criminal telemarketing offences. This will also allow the Bureau to conduct its work more effectively. It is the first investigation that will benefit from the new penalties.

The campaign is targeting fraudsters who use illegal techniques to market phony business directories to businesses and not-for-profit organizations. It is the largest-ever Bureau sweep against deceptive telemarketing and one of the largest ever in Canada.

The Bureau's goal is to disrupt and deter illegal telemarketing operators. Operation Mirage also aims to educate, through an outreach campaign, thousands of vulnerable job seekers who may unknowingly work for deceptive telemarketing operations exposing themselves to criminal penalties.

This campaign is named "Operation Mirage" to reflect the deceptive nature of practices used by criminal telemarketers to victimize businesses and hire unsuspecting staff. The initiative benefited from the assistance of the COLT partnership (Royal Canadian Mounted Police, Surete du Quebec, City of Montreal Police Service, Canada Border Services Agency, U.S. Federal Trade Commission, Federal Bureau of Investigation, Department of Homeland Security, and U.S. Postal Inspection Service). Fraudulent telemarketers often target victims in other countries in an effort to avoid detection. Cross-border collaboration is key to ensuring fraudsters cannot hide from authorities in any jurisdiction.

From a press release on Marketwire.com, Operation Mirage: Competition Bureau Launches its Largest-ever Crackdown on Deceptive Telemarketing, June 2, 2009.  Ms. Rosen can be reached, via her office, at: (819) 997-4282.

CATS Comment:  You go girl!  Too bad that California doesn't have a Canadian Style Competition Bureau.

So let's recap.  Canada goes after telemarketers and fines the bad guys.  So Canadians can eat dinner in peace.

Canada gets a quieter dinner hour, and we, here in California are going broke, but we get Arnold!

And lets not forget Jerry Brown, Governor Moonbeam as well!

Wow...we are so lucky here in California.

 

June 7, 2009

"We have an obligation in government to protect New Yorkers from unscrupulous business operators, particularly during difficult economic times. Furthermore, New Yorkers have the right to avoid harassment from telemarketers and feel secure that their personal information will not be shared without their knowledge.

"This comprehensive package of bills addresses unfair collection, marketing and information practices that have caused great concern for consumers, and for the majority of enterprises that operate fairly and in accordance with the law."

New York Governor David A. Paterson announcing that he has submitted three bills to the Legislature to greatly strengthen New York’s consumer protection laws. The legislation focuses on several important areas: telemarketing, sale of sensitive personal information, and debt collection.

 The bills would strengthen the New York’s consumer protection laws in numerous ways:  

Do Not Call – The Do Not Call law is one of the State’s most important consumer protections. Individuals who register their personal land and mobile phone numbers on the federal Do Not Call Registry are afforded with some relief from annoying telemarketers. However, while existing law places some restrictions on telemarketing practices, the State’s Do Not Call law requires updating to address new approaches being used to game the system.

The proposed legislation would augment New York’s protections against many deceptive and bothersome telemarketing practices. In particular it would restrict unsolicited telemarketing calls to the hours of 9 a.m. to 5 p.m.; require telemarketers to disclose at the outset the nature of the goods or service they are selling; apply New York’s “Do Not Call” law to “robo-calls” including those that only leave a telemarketing messages; and provide the Consumer Protection Board with subpoena power to investigate wrongdoing.

From the Governeur Times, GOVERNOR PATERSON ANNOUNCES PACKAGE OF BILLS TO INCREASE CONSUMER PROTECTIONS AND HELP PREVENT FRAUD, Legislation Would Limit Telemarketing Abuse, Provide Redress Against Illegal Debt Collection Practices and Advance Consumer Information Privacy,  June 5, 2009.  Governor Paterson can be reached, via his office, at: (518) 474-8390.

CATS Comment:  New York has led the way when it it comes to dealing with telemarketers.  New Yorker's legendary rudeness to telemarketers has actually caused some telemarketing companies to provide a bonus if their telemarketers have to call into New York State.

Too bad that "laid back" California doesn't have that kind of reputation.  We, here at CATS, believe that the game playing and rudeness do have a "chilling effect" on the telemarketing industry.

As we have always said, spending at least one minute of "quality time" with a telemarketer, and not buying the product, will grind the industry to a halt.

Examples of "quality time" include asking lots of questions about the product, as well as semi-personal questions to the telemarketer (i.e. "How long have you been a telemarketer, Bill"?).

If everyone would waste their time, the industry would not stay in business.

May 31, 2009

"These individuals shamelessly exploited the goodwill of decent citizens.  A shockingly small portion of donations went to those in need, while millions went to pay for aggressive telemarketing and bloated overhead."

California Attorney Jerry Brown commenting on his office was filing eight lawsuits against a dozen charities and their fundraisers, alleging they had used false claims to raise millions of dollars and then squandered the donations intended to help police, firefighters and veterans organizations.

The suits are part of Operation False Charity, a nationwide crackdown on fraudulent charities, and are intended to stop the deceptive practices and recoup funds raised under false pretenses, according to Brown’s statement. The attorney general is seeking the involuntary dissolution of eight of the charities.

Fifty-three individuals and 17 telemarketers, among them officers and fundraisers, also are being sued. The targeted charities include the Law Enforcement Apprenticeship Program, the American Assn. of Police Officers, the Police Protective Fund Inc. and the Junior Police Academy, all based in Los Angeles.

The Sacramento-based California Police Youth Charities, along with five charities based in Orange County, one in San Mateo County and one in San Bernardino County, are also being sued.

From the Los Angeles Times, Attorney general sues charities, May 29, 2009.  Attorney General Brown can be reached, via his office, at: (916) 322-3360.

CATS Comment:  Wait just a second, these charity telemarketers have been doing this for years.  It is common knowledge that they keep most of them money they collect.  So why is former Governor and now Attorney General Jerry Brown interested in the telemarketing activities of charity telemarketers now?

It seems that now he is running for Governor again!  He wants a second crack at it!  Just look at his web site:

http://www.jerrybrown.org/about

As Attorney General, Jerry Brown knew, or should have known, that this kind or ripoff was going on.  Now that he is running for Governor, he suddenly decides to do something about it.

No wonder they called him "Governor Moonbeam".

May 24, 2009

"The American Teleservices Association and its members stand beside the federal government and its agencies in the fight against fraud.  It is illegal for firms or individuals to use a legitimate channel of customer communication like the telephone to perpetrate criminal acts such as the auto warranty fraud currently being committed. It is for this very reason that the ATA has established consumer guidelines to assist the public in assessing whether a call is legitimate or fraudulent.

"It is important for consumers to know that the phone, when used properly, continues to be the most cost effective and efficient means to conduct business. As long as consumers continue to use their common sense and consumer guidelines with telephone solicitations as they would with any other channel of marketing or communication, they will be able to avoid the defrauding that has occurred."

Tim Searcy, Chief Executive Officer of the American Teleservices Association (formerly the American Telemarketing Association) commenting on pending formal action from the Federal Trade Commission (FTC), against companies believed to be behind a national wave of spam "robocalls" warning people that their auto warranties are about to expire and stating that they need to sign up for a new service plan.

Consumer complaints regarding car warranty scams are believed to number over 10,000 with the FTC, over 140,000 to local Better Business Bureaus, and a national total is estimated to exceed 300,000 reports, as stated in a news conference announcement on Tuesday from Senators Charles Schumer (NY-D) and Mark Warner (VAD).  The FTC has inquiries under way into several companies involved in the deceptive calls and is also providing an electronic link on its homepage for consumers to file complaints.

From a press release on the American Teleservices Web Site,  American Teleservices Association Condemns Auto Warranty Telemarketing Scams, Association Pledges Full Resources in Support of Anti-Fraud Enforcement and Calls on Congress to Address Issues, May 13, 2009.  Mr. Searcy can be reached, toll free, at: (866) 500-4272 x103.

CATS Comment:  Hold the phone Tim.  Wasn't it the ATA that fought telemarketing enforcement and took the National Do-Not-Call list law all the way to the Supreme Court?

Now members of your industry are suggesting that such illegal actions are giving telemarketers a bad name.   When did telemarketers ever have a good name?  You represent the most hated industry  in the United States.

Perhaps you need a new spokesperson.  May we suggest Tom Mabe?

May 17, 2009

"I hope that the FTC and the FCC hunt each and everyone of you down and make a lesson out of you by interrupting everyone of your meals that you eat for the rest of your lives with a telemarketing call.  OK, I feel better now."

United States Congressman Mike Doyle (D-PA) commenting during a House Energy and Commerce Committee Hearing to complain about the auto warranty business and the robocalls that they are making to the entire nation.

The FTC filed suit against two companies and their executives last week, asking a federal court in Chicago to halt a wave of as many as 1 billion automated, random, prerecorded calls and freeze the assets of the companies.

Officials say the calls have targeted consumers regardless of whether they have warranties or even own cars and ignore the Do Not Call registry. They say telemarketers have misrepresented service agreements consumers have to buy for warranties that come with the price of the car.

From You Tube, Doyle blasts car warranty telemarketers for interrupting America's dinners, May 7, 2009.  Congressman Doyle can be reached at: (202) 225-2135.

CATS Comment:  Gee Mike, what took you so long to act on this?  The country has been receiving these calls for months.

We, here at CATS, are glad you find these calls annoying.  Perhaps you will remember how upset you were when you run for re-election and hire a robo call company to make calls to your constituents.

May 10, 2009

"In addition to reducing the number of intrusive phone calls, the state's telephone privacy laws also protect Hoosiers against exposure to potential scams.  The fact telemarketers are using illegal auto-dial technology and willfully disregarding the state's 'Do Not Call' statute may be a red flag that these businesses may be ignoring other laws. Consumers should be cautious if they receive a cold call."

Indiana Attorney General Greg Zoeller commenting on a lawsuit filed against two companies and one individual alleging violations of multiple state laws governing telephone privacy, including "Do Not Call.

The attorney general alleges Nevada-based Fortress Secured, and California-based SVM, Inc. and Mike Moneymaker, used illegal pre-recorded messages delivered by auto-dialers to contact numbers listed on the state's "Do Not Call" list.

The attorney general's office has received more than 160 consumer complaints reporting unsolicited, pre-recorded telemarketing phone calls.

Zoeller has received more than 100 complaints about robo-calls from these telemarketers selling auto warranties or service contracts.

The attorney general's lawsuit seeks a court injunction to permanently prevent ongoing or future violations of these state laws. In addition to allegations of violating state telephone privacy laws, SVM, Moneymaker and Fortress Secured are also accused of doing business in Indiana without the required registration.

Within the last couple weeks, Zoeller himself has received multiple "robo calls" from telemarketers on his cell phone claiming his auto warranty is about to expire and he needs to purchase an extended warranty.

From the Indiana Attorney General's web site, Indiana Attorney General Greg Zoeller files suit against Telemarketers, May 5, 2009,  Attorney General Zoeller can be reached at: (317) 232-6201.

CATS Comment:  Where is the FCC and FTC on this one?  It seems that the auto warranty scams are sweeping the country with millions of calls, yet the Federal Government fails to enforce the law.

Are you surprised?  We, here at CATS, call it business as usual.

May 3, 2009

"Telemarketers continue to harass our customers with these pitches for extended auto warranties, among other offers.  Whatever it is they are selling, these unlawful telemarketing calls are an annoyance to our customers and invade their privacy, and we will continue using all the legal weapons in our arsenal to stop this activity and protect our customers."

Steven E. Zipperstein, vice president and general counsel of Verizon Wireless commenting on a lawsuit Verizon wireless filed to stop several telemarketers from calling its customers and employees with an offer of an extended car warranty. The lawsuit, filed in New Jersey Superior Court, names Dealers Warranty (doing business as Federal Auto Protection), National Dealers Warranty and Tele Europe, B.V., and alleges these companies are responsible for illegally using an autodialer to reach Verizon Wireless customers.

The first two companies are based in Missouri, and the third is based in the Netherlands. The lawsuit alleges they have engaged in a campaign of making unsolicited telemarketing calls to Verizon Wireless customers and employees, consisting of a pre recorded voice message indicating that a car warranty is about to expire and urging the recipient to press "1" to speak to a representative. When a call recipient presses "1," the representative on the line often refuses to identify the company or provides vague information. When customers and employees have attempted to call the number that appeared on the Caller ID, they have received an automated message indication that the call was received "in error."

The lawsuit alleges violations of the Federal Telephone Consumer Protection Act, which makes it illegal to use an autodialer to make calls to wireless phones, as well as state fraud and privacy laws. By filing the lawsuit and naming John Does as defendants, Verizon Wireless will be able to use the discovery process to help identify the currently unknown telemarketers and to get them to halt their practices.

Since 2004, Verizon Wireless has brought nearly 20 lawsuits against wireless spammers, telemarketers and pretexters, and the company's record of protecting customer privacy puts the company at the forefront of the U.S. wireless industry. Over the past several years, Verizon Wireless has won permanent injunctions against individuals and companies that have engaged in illegal telemarketing and text message spamming to Verizon Wireless customers and against those who have attempted to obtain information about Verizon Wireless customers to sell to third parties. On behalf of its customers, Verizon Wireless has donated tens of thousands of dollars to many domestic violence prevention, law enforcement and other non-profit organizations as a result of these settlements.

From PR Newswire, Verizon Wireless to Telemarketers: Stop Illegally Calling Our Customers to Offer Extended Automobile Warranties,  Names Three More Companies Alleged to be Making Unlawful Calls in Lawsuit Filed Last Week, April 28, 2009.  Mr. Zipperstein can be reached, via Verizon Wireless, toll free, at: (800) 621-9900.

CATS Comment:  Zipperstein is an American Hero in the war to maintain the privacy of our cell phones.  Not only are the calls annoying, but on a cell phone, we have to PAY for them.

Zipperstein is up to the job. With an extensive background in law enforcement as Los Angeles' chief assistant U.S. attorney in the late 1990s and several positions at the Department of Justice before landing at GTE Corp. in 1997 and moving to Verizon in 2000, he's quite familiar with intricate legal issues and with telecommunications. At Verizon Wireless, he will combine his knowledge of regulation with practical application of it.

They should be sued--big time.  Thanks Steve!

April 26, 2009

"Oklahomans have made it clear that they do not wish to received unsolicited sales calls.  We are asking the court to enjoin GSA from further illegal telemarketing in Oklahoma and to assess a civil penalty against the company for the calls already made."

Oklahoma Attorney General Drew Edmondson commenting on a civil suit that he filed against a Texas Telemarketer.

According to the press release, Golden Senior Advisors, Inc. (GSA), a telemarketing company based in San Marcos, is accused of calling at least 28 Oklahomans who were registered with Oklahoma’s Telemarketer Restriction Act Consumer Registry (TRACR).

Additionally, the state is accusing GSA of initiating telemarketing calls using an automatic dial device. Oklahoma law requires telemarketing calls to be initiated by a live operator.

Under Oklahoma law, GSA could face up to a $10,000 fine for each TRACR violation and up to a $10,000 fine for each auto-dial violation.

From a press release by the Oklahoma Attorney General, Suit Filed Against Texas Telemarketer, April 21, 2009.   Attorney General Edmondson can be reached, via his office, at:  (405) 521-3921.

CATS Comment:  Now the big question is will Attorney General Edmondson charge the telemarketer $10,000.00 per call, as the law allows for, or will he reduce the penalty to pennies on the dollar?

We, here at CATS, will be watching for the results.   And we will report it on this web site.

April 19, 2009

"In both of these cases, DIRECTV and Comcast violated consumers’ privacy by calling people who specifically had asked these companies not to call them again.  What makes DIRECTV’s actions especially troubling is that it is a two-time offender: DIRECTV violated not only the FTC’s Do Not Call Rules, but also a previous federal court order barring it from exactly this type of conduct. Simply put, we won’t tolerate firms that disregard consumers’ specific requests not to be called, and we will be especially tough on companies that ignore their obligations under prior court orders."

Federal Trade Commission (FTC) Chairman Jon Leibowitz commenting on Satellite television provider DIRECTV, and Comcast Corp., one of the nation’s largest providers of cable and Internet services.  These companies have agreed to pay a total of $3.21 million to settle separate Federal Trade Commission charges that they violated the Do Not Call provisions of the Telemarketing Sales Rule (TSR), including charges that they or their telemarketers called consumers who specifically had told the companies not to call them again. In addition, a DIRECTV telemarketer and its principals have agreed to pay a $115,000 penalty for making prerecorded sales calls to consumers who had asked not to be called.

Under the proposed settlements announced today, DIRECTV has agreed to pay $2.31 million to settle the FTC’s charges that it violated the TSR’s Do Not Call provisions and, as a result, violated a 2005 court order barring it from such conduct. Comcast has agreed to pay $900,000 to settle the FTC’s claims that it violated the entity-specific Do Not Call provisions of the TSR. All the defendants also would be prohibited from future violations of the TSR and the Do Not Call Rule. The U.S. Department of Justice (DOJ) filed the actions on behalf of the FTC.

Combined with the $5.3 million DIRECTV paid under the earlier 2005 Do Not Call order, the company has now agreed to pay a total of more than $7.6 million for Do Not Call violations. A DIRECTV telemarketer and its principals also are settling related charges.

They would be required to pay a $115,000 penalty for calling consumers who had asked not to be called, and for “abandoning” calls – delivering a prerecorded message when consumers answered, rather than connecting them to a live sales representative.

The Commission’s complaint against Comcast is the first to have as its sole allegation that a company called consumers who had specifically asked it not to call them – the so-called “entity-specific” Do Not Call provision of the TSR.

From a press release on the FTC's web site, DIRECTV, Comcast to Pay Total of $3.21 Million for Entity-Specific Do Not Call Violations, April 16, 2009.  Mr. Liebowitz can be reached, via the FTC press office, at:  (202) 326-2161.

CATS Comment:  Considering the fact that these companies AGAIN broke the law, and considering how many calls these companies made, these million dollar fines are probably just pennies per call.

Is it any wonder that companies do this with little regard for the law?  At a cost of pennies per call, they just roll it in to their expenses of doing business.

And if their tax lawyers are clever, they just may deduct the fines as a business expense.

April 12, 2009

"Missouri law is clear that consumers who notify the Attorney General that they do not want to receive business solicitations are legally protected from receiving unwanted calls if they do not already have an existing business relationship with that company.  We will not tolerate any business that ignores our law and harasses Missourians."

Missouri Attorney General Chris Koster commenting about an out-of-state company agreeing to pay the state of Missouri $80,000 for calling and soliciting business from Missourians who had previously placed their names on the state's No-Call List. The agreement includes a provision that the company will no longer solicit business from any Missouri telephone customers.

The business, WAT Broadcasting of Allen, Texas, made telephone solicitations to residential subscribers in Missouri in an attempt to enlist consumers in a debt-consolidation program and/or charge consumers a fee to lower interest rates on their credit cards.

WAT Broadcasting had also been doing business as Credit Account Solutions and XYZ Marketing. The harassing calls were brought to the attention of the Attorney General's office by consumers who had called the Do-Not-Call hotline at 1-800-buzzoff (1-800-289-9633) to file a complaint with the office.

From a press release on the Attorney General's Web Site, Attorney General Chris Koster shuts down Texas telemarketer and collects $80,000, April 9, 2009.  Attorney General Koster can be reached, via his press office, at: (573) 751-8844.        

CATS Comment:  Koster was sworn in as Missouri's Attorney General on January 12, 2009.  Although he campaigned on on a platform of prosecuting fraudulent Medicaid providers; cracking down on violations of workers' rights; aggressively enforcing Missouri's environmental laws; and supporting law enforcement in fighting the spread of methamphetamines and preventing urban crime, it now appears that he will be a rising star in the enforcement of telemarketing laws as well.

We, here at CATS, congratulate you and wish you much success.

April 5, 2009

"From the reports we’re receiving right now, the caller informs the person who answers the phone that he or she will be receiving $2.5 million. The only condition to receiving this money is that the winner has to send a check or wire money to the organization in Kingston, Jamaica prior to getting the prize.  This is a hoax. Do not be fooled. You will not receive the promised money."

Kentucky Attorney General Jack Conway warning Kentuckians to be wary of any telephone calls telling them they have won a prize or been selected to receive millions of dollars so long as they pay a small processing fee.

The caller may also try to suggest that the citizen has been selected to receive a large amount of money from a government agency as part of the stimulus package. Although the supposed reason for the call may vary, they all promise a valuable prize if the person pays a relatively small processing fee so that the prize can be delivered. 

The Office of Attorney General recommends that Kentuckians follow these tips to protect themselves against telephone scams like this:

From Kentucky.gov, Attorney General Conway Warns Kentuckians About "Jamaican" Telemarketing Prize Scam, March 13, 2009.  Attorney General Conway, can be reached, via his press office, at (502) 696-5659.

CATS Comment: Attorney General Conway offers good advice.  If  you are on  the national "Do-Not-Call" list the call is most likely, illegal.

So how can one fight back?  We have a plan.

Simply put, WASTE THEIR TIME.

When a telemarketer calls. act interested in the product or service.  Ask questions and face interest in his offer.  After a minute or so, you can then just tell them that you are not interested, or worse, that you are an inmate in a correctional facility!

If each of us just wastes one minute of a telemarketer's time, the industry will grind to halt.

March 29, 2009

"Don't call me again, means just that.  Telemarketers should have appropriate systems and procedures in place to ensure that calls are not made to customers who have previously indicated their wish not to receive these calls."

Chris Chapman, Chairman of the Australian Communications and Media Authority (a government agency of Australia similar to the FCC in the US), commenting about Australia's largest bank breaking Australia's "Do-Not-Call" law.

THE communications authority has fired off a formal warning to Australia's largest bank for making prohibited telemarketing calls to its customers.

The Australian Communications and Media Authority has said Westpac has been the subject of more complaints than any of its rivals for breaching Do Not Call laws.

An investigation by the authority found Westpac call centres continued to make unsolicited calls to customers whose numbers were on the Do Not Call register and had asked the bank not to contact them about products and services.

Under laws passed by parliament in 2006 companies can make unsolicited calls to their customers.  However, customers can withdraw that implied consent at any time and it is the telemarketing company's responsibility to know which customers had done so.

The authority has found that Westpac's procedures for recording consent withdrawals had failed. 

From NewsCom.au, Westpac ignored Do Not Call lists, March 16, 2009.   Mr.  Chapman can be reached at: 03 9963 6800.

CATS Comment: Funny..it seems that Bank of America is doing the same thing that Westpac is doing.  At least Westpac did not need a bailout.

Bank of America is now partially owned by the government, yet they still break the law.  Now what's up with that?

March 22, 2009

"With this type business [telemarketers], they're spending the money as fast as they're getting it in a lot of times.  Out of the telemarketing rooms they may be running multiple types of businesses, from selling magazines to the gas cards.

"They're far more prepared than those of us on the receiving end of the telemarketing plan. They use multiple Web sites, company names and officers, 'to confuse people who they really are.'"

Deborah Berry, Operations Manager of the Pinellas County Department of Justice and Consumer Services commenting about a local telemarketer's gas card voucher scheme.

The troubles began with the now infamous free gas voucher program that Largo Florida telemarketing company Tidewater Marketing Global Consultants passed on to unwitting consumers in the United States, Canada and Puerto Rico.

Tidewater, just as many telemarketing firms, did not become extinct with the Do Not Call Registry. It simply evolved.

Hundreds of thousands of consumers lined up for free gas vouchers, many of them people who would have ignored Tidewater Marketing's pitch during an evening phone call. They had received the vouchers from retailers — Tire Kingdom, Sound Advice, Ashley Furniture, Bob's Carpet Mart, the New Port Richey Hyundai dealer — which distributed them as incentives for purchases or even just to visit the store.

It was perhaps a brilliant stroke by Tidewater president Crystal Clark and her business because in this incarnation, the retailers became the face of her company's program, rather than a telephone number flashing on the caller ID.

Retailers bought gas vouchers from Tidewater in denominations as high as $500, though they themselves often paid as little as $7. To collect the promised voucher, customers had to contact Tidewater and provide personal information. In other words, they voluntarily — if inadvertently and unknowingly — were giving Tidewater, the telemarketer, permission to skirt the Do Not Call list and to market to them. Consumers may have thought they were dealing with a company from which they bought furniture or tires or carpet, but in reality they were communicating directly with a telemarketer.

For all that, consumers should not harbor hopes of getting their promised money. Tidewater had $300 in the bank and $10 million in debts to consumers when the state shut it down and took it over.

From the St. Petersburg (FL) Times, Do Not Call's unintended consequence, March 22, 2009.  Ms. Berry can be contacted through the Pinellas County Department of Justice and Consumer Services, at: (727) 464-6200.

CATS Comment:  If it sounds too good to be true...It probably is.  If it is coming from a telemarketer, it defiantly is too good to be true.

Why would anyone buy from a telemarketer anyway?  As Mr. Spock, from Star Trek, often said, "That is totally illogical".

Case closed!

March 15, 2009

"The idea is to transform the negative experience of a telemarketing call into something positive."

Hesse McGraw, the curator at the Bemis Center for Contemporary Arts in Ohama, Nebraska commenting about using telemarketing as an art exhibit.

Starting at 6 PM on Friday March 13, a small brigade of telemarketing volunteers will begin calling every name in the Omaha white pages.  The calls are part of a performance and installation exhibit called "(402) DisConnect/ReConnect."  Created by Kansas City-based installation artist Matthew Dehaemers, the exhibit runs through May 16 at the Bemis Center.

The calls will continue during normal gallery hours through the end of the exhibit.  The hope is that they will reach all 100,000-plus people listed in the residential section of the white pages over the course of two months.

Dehaemers' installation focuses on three industries that have held dominant places in the region's history: the Stockyards, the Strategic Air Command — now the U.S. Strategic Command — and telecommunications.

Volunteers from the Urban League of Nebraska, along with students from Metropolitan Community College and the Kent Bellows Studio and Center for Visual Arts, will be among those working the center's phones.

The callers will have a different message each day, with the daily quote listed on a giant, flashing screen at the back of the call center.

His unusual Stockyards features phone receivers being loaded into Omaha Steaks boxes. The installation's nine call center tables have been decorated with long, glossy streamers.

So far, Dehaemers has commitments from more than 30 people to make calls.  He says 100 callers will probably be needed to contact all the numbers in the phone book within two months. He hopes more volunteers will come forward after the show opens.

From The Ohama World Hearld, Artist will reach out and touch through phone calls, March 13, 2009.  Mr. McGraw can be reached via the Bemis Center at:(402) 341- 7130.

CATS Comment:  Telemarketing as an art form?  We would expect such a crazy idea to come from California.

There must something in the water in Ohama.  Better call the EPA.

March 8, 2009

"The (Canadian) national do-not-call-list is benefiting the great majority of those who've registered a telephone number by stemming unwanted telemarketing calls.

"There's no evidence to support the contention that there's a lot of fraudulent use of our national (list) going on.

"It just doesn't seem likely that a telemarketing organization would benefit from telephoning a list of people who've expressed a strong desire not to be contacted.  The national do-not-call list just does not make a good sucker list."

Brendan Wycks, executive director of the Marketing Research and Intelligence Association of Canada commenting  about the the recent implementation of Canada's Do Not Call law.

The country's much debated and oft-maligned do-not-call list is proving effective at stopping nuisance phone pitches even though some Canadians are receiving more unwanted calls since registering, a new survey suggests.

The poll, to be released Monday, finds 80 per cent of those on the list said they received fewer calls after putting their numbers on the list, which was implemented Sept. 30.

On the other hand, 13 per cent said the number of telemarketers contacting them had risen to unprecedented levels despite registering, according to the Harris-Decima survey.

The situation is worst in Alberta and British Columbia, where almost one in four people on the list report getting more calls - double than in Ontario and Quebec.

The federal government put the no-call list in place to deal with perennial complaints about unsolicited sales calls. About 6.2 million Canadians have entered phone numbers on the database.  Telemarketers are legally required to access the list and ensure they do not attempt to contact those numbers.

From the Canadian Press, Much debated do-not-call list working well, poll suggests, March 8, 2008.  Mr. Wycks can be reached at: (905) 602-6854 ext 8724.

CATS Comment:  The success of any do-not-call list law does not depend on how well the law is received by consumers, but rather how well the law is enforced.  Is it any surprise that telemarketing complaints in the United States are increasing when the chief enforcement agency for telemarketing, the Federal Trade Commission (FTC), settles complaints for pennies a call?

What ever happened to the $11,000 fine per call?  May it rest in peace.

March 1, 2009

"Telemarketers continue to harass our customers and impinge on their privacy, often using illegal methods including autodialers.  Whatever their methods and whatever their product, these unlawful telemarketing calls are an annoyance to our customers and invade their privacy." 

Steven E. Zipperstein, vice president and general counsel of Verizon Wireless commenting about his company's lawsuit  to stop a Utah-based telemarketing company from calling its customers and employees to advertise the upcoming movie, "The Velveteen Rabbit." The lawsuit, filed this week in U.S. District Court in Trenton, alleges Feature Films for Families, Inc. illegally used an autodialer to call Verizon Wireless customers on behalf of a company called Family 1 Films, based in Los Angeles.

The lawsuit states that over 10 days in early February, nearly 500,000 calls were made to Verizon Wireless customers and employees from the telephone number 917-210-4609. When customers answered these calls to their wireless phones they heard either a prerecorded voice message or an individual reading a script promoting the anticipated release of the film.

Many of these calls came in rapid succession, indicating the use of an autodialer to place the calls. For example, between 4 p.m. and 5 p.m. on Feb. 13, nearly 11,000 calls with the same caller ID were made, an average of one call every 0.32 seconds, and nearly 10,000 calls were made from a number with the same caller ID between 7 p.m. and 8 p.m. on Feb. 6, an average of one call every 0.36 seconds.

The lawsuit alleges violations of the Federal Telephone Consumer Protection Act, which makes it illegal to use an autodialer to make calls to wireless phones, as well as state fraud and privacy laws. Verizon Wireless has also filed a motion seeking a preliminary injunction to stop the defendants from making these calls.

From a press release on PR Newswire, Verizon Wireless Files Lawsuit to Stop Telemarketers From Illegally Calling Customers About Movie, February 25, 2009.  Mr. Zipperstein can be reached via Verizon Wireless' media relations person, Debra Lewis at: (908) 559-7512.

CATS Comment:  Zipperstein on the hunt again, hunting the elusive North American robo-caller.  His efforts have made Verizon  a leader in protecting customer privacy putting the company at the forefront of the U.S. wireless industry. Over the past several years, Verizon Wireless has won permanent injunctions against individuals and companies that have engaged in illegal telemarketing and text message spamming to Verizon Wireless customers, and against those who have attempted to obtain information about Verizon Wireless customers to sell to third parties.

February 22, 2009

"We think donors should be appalled by this.  When the charity is seeing nothing until way down the road, we don't think that's a good enough return."

Ken Berger, president and CEO of charitynavigator.org, a nonprofit group that rates charities on how well they use donors' money commenting on the fact that charity telemarketers take about 80% (or more) of the funds they raise for charity in California.

Charities are turning to these campaigns more often because of fundraising problems related to the economy, which began deteriorating in 2007, said Bennett Weiner, chief operating officer of the Better Business Bureau's Wise Giving Alliance. Sacramento started seeing an increase in low-return campaigns even earlier, largely because of the use of telemarketing by two firefighter advocacy groups based here.

The state does not have much power to limit fundraising fees, according to Belinda Johns, senior assistant attorney general and boss of California's charities section, citing some 1980s U.S. Supreme Court decisions. In a 1988 case, the court ruled that North Carolina's attempt to dictate what were reasonable and unreasonable fundraising fees infringed on freedom of speech.

The motivation for charities is clear: They find it's easier to get money from a recent donor, so they effectively trade donors' initial contributions to the telemarketer for a list of their names, Weiner said. They then hit those donors again, he said, or, if the donor made a recurring pledge over the phone, they cross their fingers and hope the money keeps coming in.

From the Sacramento Bee, Donations increasingly go to charities' telemarketers in California, February 22, 2009.  Mr. can be reached, via charitynavagator.com at: (201) 818-1288 x 109.

CATS Comment:  CharityNavagator.org evaluates charities for free on its web site, so you can check out any charity through them.

But if a charity calls you, you need not bother to check them out, instead. just ask the solicitor just how much the charity gets and how much the telemarketer gets.  This will waste their time, and usually they will lie anyway.  After wasting a minute of the telemarketer's time, hanging up will give you that warm feeling that you have beaten the telemarketer at his own game.  Just think what would happen if everyone did that - telemarketing would end as we know it.

We, here at CATS, always spend as much "quality time" as we can, with every telemarketer that calls us.

February 15, 2009

"Hello. I'm calling for John McCain and the RNC because you need to know that Barack Obama has worked closely with domestic terrorist Bill Ayers, whose organization bombed the U.S. Capitol, the Pentagon, a judge's home and killed Americans. And Democrats will enact an extreme leftist agenda if they take control of Washington. Barack Obama and his Democratic allies lack the judgment to lead our country. This call was paid for by McCain-Palin 2008 and the Republican National Committee at 202-863-8500."

The words to a script read by telemarketers employed by Sitel, a telemarketing firm in Madison, Wisconsin.  One employee, Ted Zoromski, felt he had been misled during the hiring process because the script had changed and he felt the message had gone negative from the original script.  So Zoromski quit, fed up with what he perceived as scare tactics.

From the web site of Fox 47, WMSM Madison, Wisconsin, October 20, 2008.  Sitel can be reached, toll free, at (866) 95Sitel.

CATS Comment:  We here at CATS are not surprised.  We have dealt with Sitel before.

According to Sitel's web site, Sitel says: The greatest potential for growth in any company is a unified commitment to high corporate values. Sitel has defined a set of Values that represent the foundation on which we strive to achieve in all of our activities and interactions.

But when we asked them two years ago for a copy of their "Do-Not-Call" policy, which they are required by Federal Law to provide "upon demand", our request was cheerfully ignored.

Perhaps they should change the name of the company from Sitel to Slytel.

February 8, 2009

"Calling people on the Do Not Call list and trying to trick them is no way to do business.  We’re taking action to stop the calls and try to win money back for consumers."

North Carolina Attorney General Roy Cooper commenting on his office getting a temporary restraining against  Automotive Protection of New Jersey and its manager Christopher Doyle. The order requires the defendants to stop illegally telemarketing North Carolinians and to quit taking their money.

Cooper contends that Automotive Protection targeted consumers aged 65 or older, called people who had signed up for the Do Not Call Registry to stop telemarketing calls, and misrepresented the terms of its auto warranties. He is asking the court to permanently stop the company’s illegal telemarketing calls and deceptive sales practices, and to order the company to pay consumer refunds and civil penalties.

A total of 24 consumers complained to the Attorney General’s Consumer Protection Division about the company’s illegal calls, tricky sales tactics and refusal to pay refunds.

From a press release on the North Carolina Attorney General's web site, Telemarketer forced to park auto warranty scam, says AG. Cooper wins order against telemarketer that targeted seniors, took money without permission, February 6, 2009.  Attorney General Cooper can be reached, via his press office, at: (919) 716-6413.

CATS Comment:  Good for you Roy, You rock!

Too bad our California Attorney General and former Governor, Jerry "moonbeam" Brown, hasn't lifted a finger to stop the illegal warranty telemarketing calls bombarding California citizens.  After you clean up North Carolina, please consider moving to California and running for California Attorney General.

Should you decide to do so we, here at CATS, will get you some Disneyland tickets.

February 1, 2009

"The Do Not Call List was put in place to help Canadians reduce the number of unsolicited calls they receive from telemarketers. To date, over 6.1 million Canadians have registered their phone numbers on the list to prevent this type of phone call. It has come to my attention that there are some who are accessing the list for non-commercial or illegal purposes.

"Upon learning that the list could be acquired and used illegally, I spoke to the Chair of the Canadian Radio-television and Telecommunications Commission (CRTC), who has assured me that it is taking these complaints very seriously. It is the intent of the CRTC to aggressively pursue anyone abusing the use of the Do Not Call List; I wholly support that approach. Significant penalties of up to $15 000 per illegal call to a number on the list can be levied against guilty parties. The CRTC Chair shares the concern that Canadians expect and deserve that investigations into Do Not Call List complaints should proceed quickly and that strong penalties are to be imposed on abusers."

The Honorable Tony Clement, Canadian Minister of Industry, commenting some problems with Canada's new Do Not Call List law.

The list, intended to block unwanted telemarketers from bothering Canadians at home, was an instant hit when launched last fall. So many Canadians immediately wanted their phone numbers put on the list that the registry, run by the CRTC, crashed after being overwhelmed by hundreds of thousands of phone calls and on-line visits.

Now the registry is under fire after reports that some people who listed their numbers as "do not call" are instead receiving more telemarketing calls than ever and, understandably, are not too happy about it.

With more than six million Canadians now on the list, critics say the registry’s flaws have made the situation worse than before.

From Exchange Magazine, Minister of Industry Supports Strong CRTC Action on Abuse of Do Not Call List, January 27, 2009.    Minister Clement can be reached, via his press secretary, at: (613) 995-9001. 

CATS Comment:  The solution is straightforward.  Place decoy names with numbers that are set up to "trap" an incoming call's I.D.  Then do a press release telling all (including the bad guys) that the list is seeded with decoy names to detect abuse.

After a few of the bad guys get caught, the word will get around.   This will definitely have a chilling effect on list misuse.

January 25, 2009

"Consumers should always be wary when receiving calls from telemarketers offering deals on goods and services that sound too good to be true.  Consumers should insist that the terms of the sale be disclosed in writing before making a purchase. If the telemarketer refuses to disclose the terms in writing, the consumer should walk away or, in this case, hang up the phone."

West Virginia Attorney General Darrell McGraw commenting about I Glo Workshop, Inc. of Phoenix, Arizona.

I Glo began billing consumers for items that they did not purchase.  After Darrell Mc Graw stepped in, I Glo agreed to obtain a license and surety bond and to inform consumers of their unconditional right under West Virginia law to cancel telemarketing sales within seven days.  I Glo also agreed to refund all payments it collected from West Virginia consumers, which resulted in refunds of $5,828.89 and canceled debts of $4,832.06 for 99 West Virginia consumers.

From consumeraffairs.com, West Virginia Settles with Arizona Telemarketer, Company claimed overpriced goods would help handicapped veterans, January 16, 2009.  Attorney General McGraw can be reached, via his office, at: (304) 558-2021.

CATS Comment:  Good for you, Darrell!  Not only did you set them straight, you got refunds for many consumers.  Too bad our California Attorney General doesn't do the same.

January 18, 2009

"If you don't have somebody checking up on it, how do you know it's working or how do you know bad guys aren't taking advantage of it."

"We want to make certain that whatever loopholes exist are filled.

"It should be fully staffed and the money has to be there to pay staff if that's what has to happen to check up on it.

"Otherwise, what's the point of putting in something that's to protect consumers if you don't watch out for the bad guys." 

Eleanor Friedland, vice-president of the Consumers Council of Canada commenting about how Canada's new Do-Not-Call list has made the situation worse for the consumer.

With nearly 6 million numbers registered, many Canadians who signed up are feeling duped because they're receiving more telemarketing calls than ever before.

That's because the do-not-call list may have gotten into the wrong hands. 

To access the list, a telemarketer simply has to go to the National Do Not Call List website, enter the appropriate information and pay a small fee.

The problem is, anyone can pose as a telemarketer and obtain the list.  If they're willing to break the rules, they could then call the numbers, which are all recent.

And if that list makes its way to a telemarketer outside Canada, the CRTC does not have the jurisdiction to stop them from calling Canadian numbers.

From CTV.ca (Canada's largest TV Network), Do-not-Call list made situation 'worse,' says group, January 15, 2009.  Ms. Friedland can be reached, via the Consumer's Council of Canada, at: (416) 483-2696.     

CATS Comment:  Ms. Friedland, we here at CATS can offer you a foolproof solution to the problem.  Simply insert some decoy names in the list.

What do we mean by decoy names?  These are made up names tied to real phone numbers that are matched to numbers that are set up specifically to trace calls.

Lets say you add the name Fred Smith to a phone number of (416) 555-1212.  When a telemarketer calls that number the telemarketer thinks that he is calling a sales prospect named Fred Smith.  In reality he is calling a number that is set up to trap the incoming call's number.

The telemarketer can then be prosecuted for violating Canada's Do-Not-Call laws.

Finally you let it be known that you, via press releases and media stories, have inserted decoy names on the do not call list and those decoys are designed to catch violators.  After a few get caught, the bad guys will get the idea!

January 11, 2009

"Welcome to the ATA's SRO web page.  This is where we introduce the idea of "self-regulation."

Let's be honest.  Consumers are frustrated with us and regulators and legislators are responding.  In a bad way, creating burdensome regulations which are very expensive.

So what are we going to do about it?  We've created a seal program that will assure regulators, legislators, even consumers that you are abiding by Federal and State law as well as the ATA standards.  This will lower the frustration and increase the credibility that we have in Washington DC and in State capitols all over the US."

Tim Searcy, Chief Executive Officer of the American Teleservices Association, (Formerly the American Telemarketing Association) in a flash video presentation on the ATA's web site.  (To view the video, click here.  You may have to click on a small arrow at the top right of the web page.)

The ATA's SRO claims to be comprised of many members of the Fortune 500 and service provider sectors, working together to lead the way toward preserving the viability of the Teleservices channel.

From the ATA's web site, no title or posting date provided on the flash video.

Mr. Searcy can be reached, toll free at: (866) 500-4272 x103.

CATS Comment:  Tim, cute flash video, but you know that as long as your members continue to electronically invade consumers' homes with your commercial babble, the frustration and complaining to regulators and legislators will continue to happen.

This concept of "self regulation" has been tried before, and it failed miserably.  Have you forgotten the Direct Marketing Association's 'Telephone Preference Service'?

OH!  Sorry!  We forgot!  Self regulation is good now.  After all, the ATA makes money on it!   Those "compliance seminars" and the "Washington Summit" are pretty pricey.

January 4, 2009

"First, professional fund-raisers consider percentage-based compensation, in which a fund-raiser takes a certain percentage of each contribution, to be unethical. AFP, which represents more than 30,000 fund-raisers around the world, prohibits this practice as part of its code of ethics.

"Second, telemarketing is one of the most expensive ways to raise funds. It does help to raise an organization's awareness and acquire new donors, but it's not uncommon for some charities to actually lose money with this approach (even using unpaid volunteers). The cost of acquiring new donors is mitigated over time when they become annual contributors."

Allen Peckham, President of the Massachusetts chapter of the Association of Fundraising commenting in a published letter to the editor of the Boston Globe regarding an article the Globe published titled "Solicitors kept bulk of donations."

The article says that almost two-thirds of all charitable donations collected in Massachusetts last year by professional solicitors went to the fund-raisers themselves, according to the state attorney general's office.

Telemarketers have been known to keep up to 90% of the funds that they solicit as a "fee" for their services.

For example, All Pro Productions, a Marlborough MA company owned by former National Football League player Fred Smerlas, conducted more campaigns in the state than any other solicitation firm, raising $3.2 million in 48 campaigns and channeling $1.15 million to the charities.  The recipients, who received 36 percent of the money, were composed primarily of police and firefighter groups.

From the Boston Globe, letter to the editor, Preferred way to handle fund-raising, January 3, 2009.  Mr. Pecham can be reached at: (781) 894-3140.

CATS Comment:  Giving to a charity telemarketer usually generates more calls to your home, since now you are considered a "live one" when it comes to donating money.

In California there is little one can do to stop the calls, except......

When they call, try to waste as much of their time as possible.

Recently when a telemarketer called soliciting funds for the Sheriff's Department, we asked where the money was spent. We then asked for more details, keeping the caller on for over 10 minutes, and then ended the call with the comment that we recently received a parking ticket and had no money to give to the Cops.

The telemarketer hung up!

NEVER give to a charity telemarketer, or you will surely pay the price by getting more calls.

 

Quotes from 2008