The Federal Communications Commission (FCC) enacted the Telephone Consumer Protection Act of 1991 (TCPA) for the purpose of protecting consumers from unwanted telephone solicitation. When contacted by a telemarketer, whom you do not want any further contact, simply request to be placed on the "do not call list". Note the name of the representative, name of the company, phone number, address, date and time for your records. If the same company contacts you again in the next twelve months, they are in violation of the TCPA. Write a letter to the company informing them of their violation and that your complaint will be presented to small claims court and the FCC by filing a "private right of action" unless they pay a fine of upwards to $500 in damages per call violation. You may also receive damages if the company does not provide you a copy of their "do not call" policy upon request and if a telephone solicitation does not occur between 8:00 am and 9:00 pm in your time zone.

     The National Do Not Call Registry was created in 2003 allowing consumers the opportunity to register their number in a national database requesting not to be contacted by a telemarketer. Refer to the http://www.donotcall.gov for more information and to be placed on the registry.

     Many telemarketing firms do not allow their employees to dial phone numbers. Instead, a computer system automatically dials the number, waits for someone to pick up the phone and say hello, then routes the call to a telemarketer. The routing of the call to a telemarketer typically requires a second or two of silence to recognize that someone has answered the phone and to route the call to a telemarketer. Therefore, interpret the silence as an indication the phone call is a telemarketer and hang up before you have to speak to them.


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