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The rumor is bogus.Rumors of telemarketers' plans to call cellular phones occasionally spread. In general, it is possible in limited cases to direct calls to cellular phones but it is not likely to be widespread.
Regardless, there is no harm in placing your number on the Federal "Do Not Call" List (US). Since access to cellphone numbers is limited, there is no need to do this expeditiously.
US FTC link for information on this rumour: http://ftc.gov/opa/2005/04/dnc.htm
There are several sporadic facts which are generating the "telemarketing to cell phones" rumors:
- 1. Some cellphone carriers have announced plans to provide directory information of cellphone numbers.
- These are not published directories or databases. They will be used by directory information services. This means that the only way to use a predictive dialer on cellphones is by "war dialing" the entire exchange. Since lists of cellular exchanges are already available, the directory service will effect no change.
- There have been changes related to frequency of updates to various state and federal "Do Not Call" lists.
- These changes don't really affect cellphones, but the information about deadlines adds a sense of urgency to rumors.
- Some calls to cellphones are permitted.
- There are different rules from different state and federal agencies. In general, predictive dialers may not be used to target cellphones. This appears in some but not all rules. In addition, some cellphone providers, notably Cingular/AT&T, have been sending SMS text messages to their own customers without prior permission from the victims.
- Some countries have experienced large amounts of SMS spam.
- (SMS is short messaging service, or text messaging used as a paging service on cellphone.)
- The Federal "Do Not Call" List (US) accepts cellphone numbers.
- This is announced by the FTC (US). There is no "cut-off" date for cellphones.
- The Federal "Do Not Call" List does not exclude cellphones
- The old restrictions of the TPCA apply, however. The new "Do Not Call" restrictions apply to both cellular and residential phones.
The 1991 Telephone Consumer Protection Act (TCPA) (US) prohibits automated calls to cellular phones. That proscribes the use of predictive dialers to cellular phones. Manually dialed calls to cellphones are permitted, provided that the call is not otherwise violative of the TPCA and "Do Not Call" rules.
There is no indication that telescum have plans to call cellphones. This is because:
The most likely sources of telescum calls to cellphones are:
- It is illegal (at least in the US) to use predictive dialers on cellphones.
- The adverse reaction by victims is significantly greater when called on a cellphone.
- In addition to sales resistance, calls to cellphones are more likely to generate complaints.
- There is no listing of cellphone numbers available.
- "War dialing" (calling all numbers on an exchange) is not an option because the use of predictive dialers on cellphone exchanges is proscribed. Therefore calls to cellphones are limited to manual dialing to direct contacts.
Other Communications
- Manually dialed calls to "contact numbers", based on "business relationship" exceptions to "Do Not Call" rules.
- If you provide a number, state "DO NOT CALL this number for marketing purposes. Calls for this transaction only."
- Numbers harvested from published lists.
- The caller generally believes these to be business numbers. Fortunately this sort of thing is rare. The law (US) is that if they're cold calling a list of mixed residential/business numbers, they must purchase the "Do Not Call list.
- Some moron who doesn't know how to use the phone (and dials your number by mistake).
- Not all morons are telemarketers.
Carriers are prohibited by law from using account information for marketing purposes under 47 CFR § 222 although this does not seem to prevent them from doing so. In the future, customers may have to send Privacy Letters to their carriers, depending on whether the FCC actively enforces the customer account privacy law.
- Add your cellphone number to the "Do Not Call" List anyway. www.donotcall.gov
- Provide bogus phone numbers to businesses collecting phone numbers. (See playing with pay phones - Another fun project.)
- If you provide a number, state "DO NOT CALL this number for marketing purposes. Calls for this transaction only."
- Find out the number of the person driving in front of you while on their cellphone. Provide that number on as many contest entries and customer tracking forms as you can find.
Website originally posted 3-Nov-1996; this page posted 8-Apr-05; rev 9-Oct-07. Copyright Stan Protigal