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FDA Extends the “Do Not Call” Legislation

The Federal Trade Commission (FTC) has extended the limitations of the telemarketing calls to include pre-recorded sales messages. These types of calls will be banned and subject to legislative penalties:


“The result is a rule that requires telemarketers with prerecorded calls to give consumers a way to opt out, the same way that they can now ask live sales agents to refrain from calling again. This goes into effect Dec. 1.

And, as of Sept. 1, 2009, the telemarketer must have consumers’ written consent to telephone them at all.”

link: U.S. bans prerecorded sales calls without permission

There are some reports of clever ways to avoid the “do not call” legislation. One example is the survey call. The household called is asked to participate in a short marketing survey that will take only a few minutes. A few questions are asked and then the caller says that, for your co-operation, there is a “free” gift from the company as a token of appreciation. The gift will be sent out directly to the household. There is, however, a handling charge and a shipping costs which, as you might expect, are exorbitant. And so the scam goes…

The ploy uses the cover of a market survey to pitch the product. The scam engages the person called in the “survey”, so that the person initially invests time into the call. It relies on the grey areas of the present “do not call” legislation and it is vile.

Catherine Forsythe

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