![[screaming operator logo 46K]](images/nopark.jpg)
Form Changed
The new form is a combined "do not call", GLBA and incoming call list.
The reason for the change is the US Federal Telemarketing Regulation, which imposes new requirements on telemarketers. The new form is intended to include the information requested by the FTC, as well as keep a record or GLBA (privacy) requests.
Please go to www.scn.org/~bk269/dnc_frm.txt .
Separate Letter for GLBA and Privacy Letter Responses
Sample GLBA and Privacy Letters
- NEW Sample Privacy Request Letter for making privacy requests under the GLBA (Graham-Leach-Bliley Act (US))
and
- NEW to telecommunications privacy request letter (for privacy requests under the US Telecommunications Act 47 CFR § 222)
Comments Concerning the Form
NOTES
The form is a text file. Save as a text or wordprocessor document and duplicate the form within the document.
This is written as a combined list for "do not call" requests, GLBA privacy requests, and records of incoming telemarketing calls, and can be sorted as desired. This should be maintained as a proper "regular business record" to facilitate government or private enforcement. Copy the text in any way you find convenient and make frequent (or automatic) backups.
The purpose of the list is to provide a repository for data, with the idea that some of the data is relevant. This is different from legal completeness. The items on this list have not been researched for legal adequacy or relevance. It is likely that some of the data listed has no legal significance. It is likely that some of the requests described do not create an obligation on the business to comply.If you want legal completeness, please visit any of the government websites relating to "do not call" requests or privacy requests as appropriate.
"GLBA" is the Graham-Leach-Bliley Act (US). Privacy laws are governed by the GLBA, FRCA, HIPAA, the Federal Telemarketing Regulation, and various state laws. A GLBA request is not the same as a "do not call" request, and it is not yet clear whether the two can be combined. Most countries have similar privacy laws, although most don't have the US loophole that requires individuals in the US to "opt out" of having their personal information used commercially.
Here's a sample privacy request letter for making privacy requests under the GLBA (US).
Reasons for Legal Ambiguity
Much of the criteria for requesting privacy and reporting violations is unclear. These laws are open to interpertation by the agencies and courts charged with enforcement. For example, the use of a "diversion" to a request may or may not be accepted as legal.Where notice is provided could theoretically also depend on when the data was collected. It is conceivable that telephone number data collected via ANI would be subject to a "do not call" request at the time the number was collected.
Complicating this things, several large business entities openly flaunt the "reasonable opportunity" requirements of the GLBH, which requires that consumers be given a "reasonable opportunity" (e.g., 30 days) to "opt-out" of sharing of personal data prior to the data being distributed. (If the cognizant Federal Agencies were to require that all data be destroyed in the case of misuse, GLBA compliance would be instantaneous!)
Also different privacy laws and regulations have different request and compliance mechanisms.
Reporting
There are too many variables to give a generic answer on this. Most of the cognisant federal and state government websites have information on complaints. Try to focus complaints toward clear issues.
Naming individuals
In addition to complaining about the business, consider that legally, businesses are fictitious persons. They can't break the law without the cooperation of real live persons, as described in "naming individuals when filing complaints" (the Telemarketing Scum Page's admittedly feeble attempt at being radical).... and there's a special page for naming lawyers
Effect on Business
The myriad regulations place a substantial burden on business, but there is a "safe haven". If a business keeps private data private (i.e., doesn't "share" private information), they shouldn't have trouble.
Other Forms on the Web
- consumer.net/telemarketing/logsheet.asp
- I don't know anything about the person or group sponsoring this form.
site first posted November 3, 1996 this page in revised form posted 6-Nov-03 ~~ this page rev 27-Sep-07 ~~ written in WordPerfect 5.1 ~~ copyright 2003 by S. Protigal ~~ Feel free to link to this.