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  • From: Serena Fenton <fents AT ibiblio.org>
  • To: InterNetWorkers <internetworkers AT franklin.metalab.unc.edu>
  • Subject: Re: Automated phone dialers-- how to fight back?
  • Date: Thu, 16 May 2002 21:54:18 -0400


The magic phrase to use in frustrating dealings with any business is:
"If you'd like, I could call the Consumer Affairs Division of the North Carolina State Attorney General's Office and discuss the problem with them."
It's a mouthful, but it works wonders - stops sleazebags dead in their tracks.

You also might try listing the laws below to get your name removed... Sounding legally scary always helps. With phone solicitors, I just interrupt in the first seconds of a call and say, 'please remove my name from your list'. That seems to work.

Looking in google under "NC telephone solicitor, remove" I found these:

http://www.johnlocke.org/cjwr/cjwr2000/071000.html
House Bill 1493, which regulates telephone solicitation in the state. The bill requires that any solicitor who calls someone at home must, at the beginning of the call, state his identity and the identity of the business for which he works. Solicitors must also, upon request, provide their phone number and address, and they must terminate the call if asked to do so. Solicitors must have an in-house system to remove from their calling list immediately anyone who asks to be removed. Telephone solicitations may be made between 8 a.m. and 9 p.m.

Solicitors also may not block Caller ID services, however they are allowed to use automated machines that are not compatible with Caller ID. Anyone who receives, within one year, more than one telephone solicitation in which the solicitor did not identify himself, did not obey a request for removal, or did not end the call when asked is entitled to sue the company to prevent any further calls or recover $500 in damages. The House concurred with the Senate's version on Friday.



http://www.copilevitz-canter.com/september00.htm
"NORTH CAROLINA

North Carolina has passed a law intended to protect citizens' privacy from over intrusive telemarketing calls. The law duplicates most of the disclosure and "do-not-call" requirements found in the Telemarketing Sales Rule. Additionally, the law requires disclosure of the caller's identity, by name, upon request a telephone number or address of which the caller may be contacted, and that the caller shall terminate the call if the consumer does not consent to the call. The law also requires that telemarketers take all steps necessary to remove consumers' names from calling lists if the consumer so requests. The North Carolina statute specifically states that compliance with the regulations implementing the Telephone Consumer Protection Act satisfies the state "do-not-call" requirement.

The law also prohibits telephone solicitors from intentionally blocking residential caller identification devices, but specifically states that telephone solicitors who call using equipment which does not project caller identification information are not in violation of the law. The law also requires that telephone solicitors keep records for a period of 24 months including the legal name, residential address, telephone number and job title of each telephone solicitor as well as any fictitious names used.

The law provides for a private cause of action against telemarketers for violations of provisions and damages of $500 for each violation. Pursuant to the law, prevailing plaintiffs are entitled to recover attorneys' fees and defendants can recover attorneys' fees if the plaintiff knew or should have known that the action was frivolous or malicious

This is a very interesting law which exceeds the scope of the TCPA in several ways, including the attorneys' fees provision. The law also arguably adds North Carolina to the ranks of "immediate disconnect" states although the statute is somewhat ambiguous.

If you do business in the state of North Carolina, you can, at the very least, expect that future TCPA suits filed against you will include causes of action under this duplicative state law and request attorney's fees. This last provision may decrease the number of pro se plaintiffs, as well, similar to suits brought under the federal Fair Debt Collection Practices Act."




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Serena Fenton fents AT ibiblio.org
ibiblio: formerly known as metalab...sunsite.unc.edu...
digital archivist ----> http://www.ibiblio.org/

I never did very well in math - I could never seem to persuade the
teacher that I hadn't meant my answers literally. - Calvin Trillin

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