• stop calling
• provide written confirmation that they stop
• provide a written copy of their policy

(I know... legal compliance by telemarketing scum is an oximoron. But perhaps there are a few people in that business who care about the law?)

Always ask "who are you working for?": followed by "who is your employer?" When you still get bullschidt answers (you will), immediately ask to speak with a supervisor.

You should always know with whom you are doing business. The scum are working for a telemarketing company which is legally an agent. Same as a realtor or insurance agent (except someone is calling you)

Explain that you fully expect honesty from anyone you do business with. "Who is your employer?" is totally unambiguous in its meaning. You know the identity of a realtor and a broker, and expect at least the same of a 'business' who approaches you.

The FTC and FCC (US) in their promulgation of the 2003 Federal Telemarketing Regulation took the telescum industry's "suggestion" and made the business who engaged the telemarketing operation directly responsible for the telemarketing operation. Apparently the FTC determined that telescum can't be presumed responsible, and so they made the business ultimately responsible for the contractors who do their bidding!

So as a result, it may not matter if the telescum hide behind their client. The client gets to pay the penalty anyway.

File a complaint under the telecommunications act against both the identified company and their telemarketing company. Telemarketing is performed under a contract and these contracts usually specify how the caller identify his/her... I mean itself.

The FTC (US) now has penalties for assisting telemarketers in violation of the law. Examples of "assisting" include participation in writing the script. This is important because:

1. Almost all telescum campaigns include approval of a script by the "client".
2. Violations of the law are likely to fall within the context of the script. Put another way, if a "client" didn't want the law violated, the telescum wouldn't violate the law.

Specify if the telemarketer claims to have agreed to conceal its identity. If that is the case, the complaint should be against both the business whose products are being sold and the clandestine telemarketing agent (not to be confused with a 'secret agent'!)

In order to make a good job of it, try to identify:

• the specific product being sold (ask)
• the location in the country where they are calling from
• any specific lies, such as a false answer to, "who is your employer?"
• any statement that they are under agreement to lie (usually in the form of an equivocation from the supervisor).

  Use a Form to keep records of such requests

It may be necessary to move on to a "verifier," typically used by telephone long distance carriers because of prior history of slamming in the industry. Ask the verifier the name of the sleezeball company. (If they don't give the name, get the name of the verifier company.)

Tell people that they should always get the identity of the company doing the calling. This is a matter of basic consumer awareness.

Most states require the operator's identity and some specify that to be the full legal name. The following require the identity of the business operation.

Massachusetts

The correct name of the telemarketing company that employs the individual caller.
The correct name of the ultimate seller whose goods or services are being offered by means of the telemarketing call.
(Mass. Gen. Laws Ch. 159C, 5A)

Nevada

1. Seller's true name.
2.Employer of the seller.
(NV stat. 599B.170)
Note: this is more disclosure than NV requires of the other kind of prostitutes.

South Dakota

1. Caller's true name.
2. True name of the telemarketer by whom they are employed.
3. True name and address of the business on whose behalf the person is soliciting.
(SD stat. 37-30A-2)

These states require location data but not identity of the telemarketing business:

Kentucky

requires identification of the town or city, and state of the caller.
(KY stat. 367.46953)

North Dakota

1. Caller's true first and last name.
2. Caller's telephone number.
3. Caller's city and state of location.
(2003 ND S.B. 5225 (51-28-07))

Texas

The complete street address of the location from which the salesperson is calling.
(Texas B & C 38.202)

site first posted 3-nov-96
this page 1997. Revised 9-Oct-07 copyright 1996, 1997, 2004 Stan Protigal