It's obvious that only the ethical telemarketers respect the Federal "Do Not Call" list. the scumbags ignore it. It's difficult to annoy the thick-skinned offshore ones. They don't care.
The local contractors, solar system installers, and home water purification folks are ones who DO care, if you sting them as beneficiaries of illegally-generated leads. These folks sometimes knowingly, sometimes because they're gullible, buy leads and appointments set by boiler room operations who KNOW they can't be traced. Fake Caller ID, hang-up at the first sign you're trying to sting or investigate them - they're cagy bastards.
So you have to string them along - act interested, make sure you fit their desired demographic, make an appointment, then be there to drop the hammer.
Guy who just left had a TB EXT, so I felt a tiny bit guilty, but he needed to take my message back to his manager that THEIR illegal telemarketing process was wasting HIS time and gas money. It's the only process, other than suing them if they call a second time, that seems to get through their thick skull. Oh that, and a well-placed complaint to the FTC, BBB, and the like.
I hand the sales critter a Cease and Desist notice (yes, I know it has no legal weight), advise him of their violations, and send them on their way. In a dozen stings over the last couple of years, only one guy tried to make me feel guilt over his personal innocence. That argument was not effective. If he's benefitting from a chain of events that begins with an illegal telemarketing call, he's just as tainted as the company owner. And if they call again, they get sued. Note you have to keep accurate and contemporaneous logs about the initial violative call and all followups of appointment confirmation, etc. It helps to get a business card from the sales person who visits, and perhaps a video of their vehicle and license plate as they skedaddle.
Here's some boilerplate verbiage in case anyone else wants to adopt this process to make the world a tiny bit better place:
Violator: Foofoo California Business Entity: C123456
http://www.scumbag.com/
Address
Domain registration address: address
Domain registrant email address
Tel: various phone numbers on Caller ID and web site
111-222-3333 (initial contact caller ID – telemarketer “Kristin” 11/3/12 12:30PM)
Agent for service of process:
[Address to send a demand letter if you're going to file suit - from the California Business Registration data base]
Cease and Desist Order
Due to your telemarketing violations of the Federal Do Not Call registry in calling a residential phone line 111-222-3333, you are ordered to add that number to your corporate Do Not Call list and never call it again.
Subsequent violations will result in private action, as allowed by:
The FTC Act at 15 U.S.C. §§ 41-58 and related case law.
The Communications Act at 47 U.S.C. §§ 151-757 and related case law.
The Telephone Consumer Protection Act (TCPA) at 47 USC §227 and related case law.
The Telemarketing and Consumer Fraud Abuse Prevention Act at 15 U.S.C. §§ 6101-6108 and related case law.
The Do Not Call Implementation Act at P.L.108-10, 117 Stat. 557, and related case law.
The Telemarketing Sales Rule at 16 C.F.R. § 310 and related Agency statements and case law.
The FCC's rules implementing the TCPA at 47 C.F.R. § 64.1200 and related Agency statements and case law.
In addition, complaints are in process with the FTC and local BBB agencies, as well as updated consumer reports to:
Complaints Board - Consumer Complaints, Reviews, Information
http://www.yelp.com
Ripoff Report | Scams, reviews, complaints, lawsuits and frauds. File a report, post your review. Consumers educating consumers.
to warn others of your illegal and reprehensible business practices.
Best regards,
The Roadie
Yes, I know I'm a hard-ass about such things. If everyone promised to NEVER buy anything advertised illegally by phone or email spam, these scumbag companies and their suppliers would die the death they deserve.
The local contractors, solar system installers, and home water purification folks are ones who DO care, if you sting them as beneficiaries of illegally-generated leads. These folks sometimes knowingly, sometimes because they're gullible, buy leads and appointments set by boiler room operations who KNOW they can't be traced. Fake Caller ID, hang-up at the first sign you're trying to sting or investigate them - they're cagy bastards.
So you have to string them along - act interested, make sure you fit their desired demographic, make an appointment, then be there to drop the hammer.
Guy who just left had a TB EXT, so I felt a tiny bit guilty, but he needed to take my message back to his manager that THEIR illegal telemarketing process was wasting HIS time and gas money. It's the only process, other than suing them if they call a second time, that seems to get through their thick skull. Oh that, and a well-placed complaint to the FTC, BBB, and the like.
I hand the sales critter a Cease and Desist notice (yes, I know it has no legal weight), advise him of their violations, and send them on their way. In a dozen stings over the last couple of years, only one guy tried to make me feel guilt over his personal innocence. That argument was not effective. If he's benefitting from a chain of events that begins with an illegal telemarketing call, he's just as tainted as the company owner. And if they call again, they get sued. Note you have to keep accurate and contemporaneous logs about the initial violative call and all followups of appointment confirmation, etc. It helps to get a business card from the sales person who visits, and perhaps a video of their vehicle and license plate as they skedaddle.
Here's some boilerplate verbiage in case anyone else wants to adopt this process to make the world a tiny bit better place:
Violator: Foofoo California Business Entity: C123456
http://www.scumbag.com/
Address
Domain registration address: address
Domain registrant email address
Tel: various phone numbers on Caller ID and web site
111-222-3333 (initial contact caller ID – telemarketer “Kristin” 11/3/12 12:30PM)
Agent for service of process:
[Address to send a demand letter if you're going to file suit - from the California Business Registration data base]
Cease and Desist Order
Due to your telemarketing violations of the Federal Do Not Call registry in calling a residential phone line 111-222-3333, you are ordered to add that number to your corporate Do Not Call list and never call it again.
Subsequent violations will result in private action, as allowed by:
The FTC Act at 15 U.S.C. §§ 41-58 and related case law.
The Communications Act at 47 U.S.C. §§ 151-757 and related case law.
The Telephone Consumer Protection Act (TCPA) at 47 USC §227 and related case law.
The Telemarketing and Consumer Fraud Abuse Prevention Act at 15 U.S.C. §§ 6101-6108 and related case law.
The Do Not Call Implementation Act at P.L.108-10, 117 Stat. 557, and related case law.
The Telemarketing Sales Rule at 16 C.F.R. § 310 and related Agency statements and case law.
The FCC's rules implementing the TCPA at 47 C.F.R. § 64.1200 and related Agency statements and case law.
In addition, complaints are in process with the FTC and local BBB agencies, as well as updated consumer reports to:
Complaints Board - Consumer Complaints, Reviews, Information
http://www.yelp.com
Ripoff Report | Scams, reviews, complaints, lawsuits and frauds. File a report, post your review. Consumers educating consumers.
to warn others of your illegal and reprehensible business practices.
Best regards,
The Roadie
Yes, I know I'm a hard-ass about such things. If everyone promised to NEVER buy anything advertised illegally by phone or email spam, these scumbag companies and their suppliers would die the death they deserve.
