YourCallerID’s Telemarketing Blog

• The good: TeleZapper telemarketing call blocker; easy-to-use digital answering machine; three user mailboxes; cheap.
• The bad: Not a true 2.4GHz phone; no backlighting for dial pad; poor LCD backlight and readability; poor call quality; unstable charging position; pointy antenna.
• The bottom line: This bargain cordless phone system zaps telemarketers, but it suffers from pointed flaws.

Almost every state has a free, opt-in “do not call” service, which renders moot the primary feature of the VTech TZ2551 cordless phone system. The phone offers a digital-spread-spectrum cordless phone with a built-in, three-mailbox digital answering machine in the base station, but it’s hard to overlook its many flaws.This phone’s main selling point is the TeleZapper feature. TeleZapper emits a signal that tells predictive-dialing computers (which just dial numbers sequentially until someone answers) that your number is disconnected. Since our test lines are doubly protected by both the New York “do not call” list and by caller ID blocking, we could not test TeleZapper’s effectiveness. Regardless, TeleZapper is more gravy than it is a reason to buy this model.

Although the box reads “2.4GHz,” the TZ2551 is actually a hybrid phone. The 2.4GHz is used only for your end of the conversation, from the handset to the base. Your caller’s voice travels from the base to the handset using the more interference-prone 900MHz bands, although neither our Wi-Fi setup nor the nearby microwave oven seemed to cause any undo interference.

We’re not particularly fond of the TZ2551′s silver-and-black design, but it’s not hideously ugly either. The keys are well spaced but aren’t backlit, while the LCD has only a faint, pea-soup-green backlight that rendered the dim type in the three-line display difficult to read. As with many upright phones, the handset sits uneasily in the charger and is prone to being accidentally dislodged.

But this phone’s worst ergonomic feature is the 1.5-inch, hard rubber antenna on both the base and the handset. For some reason, the antenna’s tip comes to a rather sharp point, making it especially dangerous and painful if you somehow hit your ear with it when bringing the handset to your head. This is definitely not a phone for a home with young children.

As with most modern cordless phones, you get call-waiting caller ID, assuming you subscribe to this service from the phone company. The phone holds as many as 99 names and numbers in its internal caller ID memory (most phones only store about 50 numbers), 40 names and numbers in its phone book, and 10 speed-dial numbers. The digital chip can hold 15 minutes of messages, but there’s no way to limit the length of an incoming message. A caller can spend as long as 4 minutes rambling. The machine cuts people off only if there’s just 30 seconds left on the chip.

Sound quality is below average, rather tinny and buzzy. The VTech TZ2551′s range fell well short of that of other 2.4GHz phones we’ve used–barely 50 feet–probably because of its hybrid nature. We got most of the rated and above-average six-hour talk time and a bit more than the below-average six-day standby time.

VTech TZ2551 Specs and Features

Since the launch of the federal Do Not Call List in 2003 (http://www.ftc.gov/donotcall), some states have discontinued individual do-not-call programs, merging their information with the federal list. Other states continue to maintain separate do-not-call lists, whose registrants may or may not be shared with the federal list.

The links below provide information about do-not-call laws and list programs in each state.

Can I really make money suing telemarketers in small claims court?

Yes, in many cases! You can also forcefully recapture your telephone and your privacy.

Few consumers know that under the Telephone Consumer Protection Act of 1991 (TCPA)*, a company that calls you without your permission or without a prior business relationship must remove your name from their calling list immediately after you ask them. Armed with this little-known law, you can banish telemarketers from your life. If the company calls you again, you may sue them for $500 for the first violation and for triple damages for each violation thereafter. You can also collect $500 plus triple damages if you can prove other violations. And even if they never call you back, you can still take action against the company for damages. For example, the law requires that the company maintain a “Do Not Call List,” and a written “Do not Call Policy” which they must provide to you on demand.

Since most companies do not have a written policy, they can be sued for not providing a copy of the policy. The words “on demand” are critical to the interpretation of this law. It is the same wording used in the California Vehicle Code requiring you to provide your driver’s license to a police officer. Legally the company must comply with your request for the “Do Not Call Policy” under ordinary standards of reasonableness. We think five working days is reasonable, although a strong case could be made for demanding the policy via fax or overnight courier.

Click here to see the violations for which a telemarketing company can be sued.

Using “rejection psychology” to your advantage

Believe it or not, telemarketers are trained to “enjoy” the experience of being rejected by you. They are playing a numbers game. Here’s why: They know that on average, one out of 25 people will say “yes” to their offer. As a result, they actually count the “No” responses, with the understanding that for every 24 rejections they will get at least one sale. However, this constant rejection by hundreds of people a day takes its toll. This is why most telemarketers only work four to six hour shifts. The strain of constant rejection is both emotionally and physically exhausting. As a result, when you actually seem glad to hear from them, they are inclined to spend more time with you, even if all you are doing is talking about the weather and gathering the information you need to sue their employers.

Kill them with kindness

We advise never being hostile to a telemarketer —they are trained to deal with hostility, but none of them know how to deal with cheerfulness and enthusiasm. Telemarketers are trained to “take control” of the sales call. When they call you, they have only one intent: to make a sale. Your objective is to get enough information to use the law against them. This means that you have to turn the tables and take control of the conversation. The best way to take control is by being cheerful and asking frequent questions in a non-threatening manner. On page 4 we showed you the information you need to gather in order to sue successfully. In telemarketing terms, this is called “qualifying the prospect.” And the best way to control the call is to interrupt their script by using your script. Read on…

Putting the “Yes/No/Maybe” sales principle to work for you

Most telephone sales people are trained using a sales technique called “Yes/No/Maybe.” The objective of “Yes/No/Maybe” is to get you to say “yes” or “no” as fast as possible. Once you say “Maybe” and start asking unusual questions you slow the marketer down.

Almost 99% of the time, the person calling you will be reading a script. The script is used because years of market research show that salespeople who read a script over the phone and stick to it with minimal deviation tend to make more money. Phone scripts are especially designed to prevent you from asking questions that put you in the costly “maybe” category. All they want from you is a sale. But what you want is the information required to optimize your chances of winning a lawsuit or getting an out-of-court settlement. Your job is to “reel them in.” Yes, it takes hard work and time, but remember, the cruelest thing that you can do to telemarketers is to keep them on the phone without buying anything. Every minute you spend, every question you ask, is costing them money. The kindest thing you can do is hang up the phone. Some consumer advocates have claimed that if everyone in America kept a telemarketer on the phone for just one minute, instead of hanging up, the industry would be bankrupted in a matter of months. After you have qualified a target company as an eligible lawbreaker (they are not a survey firm or a tax-deductible non-profit), you need to send them the following letter. This letter is especially designed to make the strongest possible legal case. Send this letter five working days from the time of first contact.

Now you simply wait for the company to violate the law.

You sent your letter and now you wait. Enjoy the increased silence of your phone in the meantime. Inevitably, one of the companies will break the law in one of five ways: 1) They call you again in the next 12 months. 2) They neglect to put you on the “Do Not Call List” 3) They are not maintaining a “Do Not Call List.” 4) They do not have a written “Do Not Call” policy. 5) They were unable to provide a copy of the “Do Not Call” policy on demand. Once any of the above are violated, you are poised to exercise the full rights of the law. We call this the “F.I.S.T.” legal strategy. “FIST” stands for “File, Inform, Settle, or Trial.”

Even if the envelope claims “You’re a Winner!” you might want to think twice before mailing in that sweepstakes voucher.It could be fake, and a con-artist might be getting the real winnings — out of your wallet.

Telemarketing fraud costs Georgia consumers nearly $500 million annually, according to the Georgia Governor’s Office of Consumer Affairs.

As an attempt to educate consumers, the state designated this week as the first annual Georgia Consumer Protection Week.

“The people who engage in (telemarketing) are professionals,” said Michael Rupured, University extension consumer economics specialist. “They are so good that they can persuade people who know better to give out credit card information for bogus products.”

Sweepstakes opportunities, prize offers and charity requests are all chances for con-artists to make money off unsuspecting victims.

The best way to make sure the person on the other end represents a legitimate business is by asking questions and checking the caller’s references, according to a Georgia consumer affairs office publication.

Telemarketers acquire names using different sources, such as magazine subscription lists and warranty cards, according to the publication.

A goal of the task force is to increase the number of consumers on the Georgia No-Call List. The list is sent to companies nationwide notifying them of people who want to be removed from call lists, he said.

To be placed on the Georgia No-Call list consumers can visit (www.ganocall.com).

I would just like to take a minute to discuss a few things with telemarketers. I have noticed lately that someone might call my phone and come to find out, as soon as I answer it, they hang up. The caller id says “Unknown Caller”, but it still displays there phone number. They never leave a message or anything. Sometimes they continue to call back numurous times. If you are like me, this is just as annoying as if you had to talk to them and you would atleast like to know who called. YourCallerID.com has created a database that is user driven. Users can use www.YourCallerID.com to submit phone numbers and comments on phone numbers that are “Unknown” or are known as telemarketers.

I think this is the best way to really let other people know of who called you. You may search the database of unlisted phone numbers, as well as add your own comments, if someone has called you and you are unsure of who it is.  The site also will list numbers buy State as well as other critieria. Please feel free to leave feedback regarding the site. This is in the first phaze of development so please report any issues.

My introduction to cellphone solicitation recently arrived in the form of a note from “Roman.”

It said, “Get software 80 % o.f.f. 9fast-secure-immediate download) visit:” and it listed a Web site that I wasn’t even able to reach.

Clearly the note indicated trouble because I don’t know anyone named Roman, and if I did, he probably wouldn’t send me a text message written in such salesman-speak.

A few days later, “Rex” was offering me investment advice.

I decided it was time to figure out how to keep Rex, Roman and their solicitous friends out of my electronic universe. These messages were more than just an annoyance. Unlike telemarketing calls at home, these unsolicited cellular messages were costing me money since my cellular service plan charges for each message beyond a certain number.

It’s against Federal Communications Commission rules for telemarketers to use automated dialers to call cellphones, but that brings me little comfort after the communications I’ve gotten from Roman and Rex.

Here’s what I learned after talking to representatives of both the FCC and the Federal Trade Commission, the two agencies charged with enforcing the laws and protecting consumers in the electronic world. The FCC and FTC Web sites offer a trove of information on blocking unwanted phone calls and Controlling the Assault of Non-Solicited Pornography and Market, or CAN-SPAM as it was termed in a 2003 law passed by Congress; the rules took effect in March 2005.

Putting your cellphone number on the national Do Not Call Registry will stop most but not all telemarketing calls. You can register free online at www.donotcall.gov or by dialing 888-382-1222 from the telephone you want to register.

It takes seconds and the registration will last five years. In 31 days most telemarketers are required to stop calling, according to the recording I accessed. Later, you can confirm that you are registered by dialing the same number or checking the Web site.

Still, the Do Not Call Registry doesn’t equal Do Not Send Text Messages.

The FCC ban includes messages sent to cellphones and pagers only if the message uses an Internet address that includes an Internet domain name, generally that part with the “@” symbol.

The ban doesn’t cover a couple of critical areas: short messages like those sent from one mobile phone to another that don’t use an Internet address; and e-mail messages that you get forwarded from your computer to your wireless device.

Calls from or for political organizations, charities and telephone surveyors are still permitted, as are calls from companies with which you have an existing business relationship. Commercial e-mail messages to your wireless phone or pager are allowed only if you’ve given express prior authorization, according to the FCC. That’s where you have to be careful. When ordering anything online, it’s common for the box asking to receive “e-mail updates” to be prechecked. So be sure to find and uncheck that box before sending along your order.

Beyond that, the two federal agencies charged with policing the ban on making unsolicited phone calls say there is little that can be done about unwanted text messages.

The Federal Trade Commission assures that cell phone numbers will not be released to telemarketers at any time in the near future despite the claims made in e-mails circulating on the Internet.

In addition, according to the agency, it is not necessary to register cell phone numbers on the DNC Registry to be protected from most telemarketing calls to cell phones.

The truth about cell phones and the DNC Registry is:

• Contrary to the e-mail, cell phone numbers are NOT being released to telemarketers, and you will NOT soon be getting telemarketing calls on your cell phone.
• There is NO deadline by which you must register your cell phone number on the Registry.
• Federal Communications Commission (FCC) regulations prohibit telemarketers from using automated dialers to call cell phone numbers. Automated dialers are standard in the industry, so most telemarketers are barred from calling consumers on their cell phones without their consent.
• The national associations representing telemarketers have stated that their clients do not intend to start calling consumers’ cell phones.
• There is only ONE DNC Registry. There is no separate registry for cell phones.
• The DNC Registry accepts registrations from both cell phones and land lines. You must call from the phone number that you want to register. If you register online, you must respond to a confirmation e-mail.
• While the telecommunications industry has been discussing the possibility of creating a wireless 411 directory, according to the FCC, even if a wireless 411 directory is established, most telemarketing calls to cell phones would still be illegal, regardless of whether the number is listed on the federal government’s National Do Not Call Registry.

The following are instances where you should consider filing a complaint against a telemarketer.

If you:

• Have been on the Do Not Call Registry for at least 31 days and are contacted by a telemarketer who is not exempt.
• Receive a telemarketing call that you believe is a scam or is misleading.
• Are solicited to pay a fee to join the National Do Not Call Registry.
• Are not put on a company’s internal do not call list after requesting to be.
• Have received a junk fax without having an existing business relationship with the sender.

You will need to compile as much information about the company as possible to include with your complaint: the company’s phone number as transmitted through Caller ID or your fax machine, or provided verbally by the telemarketer, the name of the company, and date of the call or fax. If the telemarketer says it is calling on behalf of another company, you can ask for the name of the telemarketing company in addition to the name of the company on whose behalf they are calling. Read our Telemarketing Script for more details.

Do not forget to provide your phone number on the complaint, especially if you are listed on the National Registry. If you are complaining about a junk fax, be sure to provide your fax number on the complaint. Both the Federal Trade Commission and Federal Communications Commission can fine telemarketers up to $11,000 per violation.

Complaints may be made to Federal Trade Commission (FTC):

• Telephone: (888) 382-1222 TDD: (866) 290-4236
• Online complaint form: https://www.donotcall.gov/Complain/ComplainCheck.aspx

Be skeptical if you receive a call or postcard offering you a free or bargain travel package, especially if the price seems completely unreasonable. Do not give out your credit card number, checking account number or agree to send money up front until you get the full offer in writing with all costs and conditions and have time to check it out.     Do not be pressured into buying “NOW!” This should be your first warning sign. A good offer today will remain a good offer tomorrow.     Refuse the offer if you’re told that you have 18 months or more to take the trip. By the time you try to make reservations, the company could be out of business. Many illegitimate firms will use stall tactics so your offer will expire before you can take a trip. Besides, promising that bargain prices to a desirable location are available at any time are usually false. Prices and availability vary wildly between peak and off-season. No company can guarantee below normal off-season rates at the peak of the tourist season.     Get everything in writing. Make sure the written information includes the price of the package plus any additional charges. Find out exactly what is included in the package price and what isn’t. Get the names of specific hotels, airports, airlines and restaurants that are a part of the package. Contact these establishments to double check the arrangements (Find the phone numbers yourself. Do not use a number provided by the company). If they’ve never heard of the firm offering you the trip, don’t sign up.     If the package doesn’t include certain parts of your trip, such as air travel to and from the port of embarkation for a cruise, find out if you have to purchase that through the company or if you can arrange your own travel. Some companies offer you the cruise and hotel accommodations at cost, but then make a profit by selling air travel at a ridiculous mark-up.     Check prices with local travel agencies. Unscrupulous companies often have hidden charges that can end up making a trip cost more than if you’d bought it through a reputable agent. You may not even find out about these charges until you are already in the middle of the trip and are unable to refuse payment. After you get all the information in writing, shop around to see who has the best deal. You may find out that the travel agent down the street can get you a cheaper trip with less hassle.

If they want to loan you money, tell them you just filed for bankruptcy and you could sure use some money.

If they start out with, “How are you today?” say, “Why do you want to know?” Alternately, you can tell them, “I’m so glad you asked, because no one these days seems to care, and I have all these problems; my stomach is acting up, my eyelashes are sore, my dog just died…” When they try to get to the sell, just keep talking about your “problems.”

If they say they’re Joe Doe from the XYZ Company, ask them to spell their name. Then ask them to spell the company name. Then ask them where it is located. Continue asking them personal questions or questions about their company for as long as necessary.

Cry out, in well-simulated tones of pleasure and surprise, “Judy! Is that you? Oh, my GOODNESS! Judy, how have you BEEN?” Hopefully, this will give Judy a few brief moments of terror as she tries to figure out where she could know you from.
 
Say “no”, over and over. Be sure to vary the sound of each one, and keep an even tempo even as they’re trying to speak. This is the most fun if you can keep going until they hang up.
If MCI calls trying to get you to sign up with their Family and Friends plan, reply, in as sinister a voice as you can muster, “I don’t have any friends…would you be my friend?”

If they clean rugs: “Can you get out blood? Can you get out GOAT blood? How about HUMAN blood?” Alternate: “Sorry, my floor is made of stone.”

Let the person go through their spiel, providing minimal but necessary feedback in the form of an occasional “uh-huh”, “rilly” or “how fascinating”. Finally, when they ask you to buy, ask them to marry you. When they get all flustered, tell them you couldn’t just give out your credit card number to a complete stranger.

Tell them you work for the same company they work for.
Example:

Telemarketer: “This is Bill from Water Tronics.”
You: “Water Tronics! Hey, I work for them too. Where are you calling from?”
Telemarketer: “Uh…Dallas, Texas.”
You: “Great, they have a group there too? How’s business/the weather?!?”
Telemarketer: “Sorry, we can’t sell to employees.”
You: “Oh, okay. Bye!”

(Jerry Seinfeld version) Tell the telemarketer your busy at the moment and if they give you their phone number, you’ll call them back.
Telemarketer will say “We’re not allowed to give out our number”.
You say, “I guess you don’t want anyone bothering you at work, right?”.
Telemarketer will agree. You say “Now you know how I feel!” Hang-up.

A Texas Specialists in B2B Outbound Telemarketing that spliced together audiotapes of telemarketing conversations in order to place unauthorized charges on the phone bills of Missouri businesses will pay more than $1,400 total to the state and to those businesses that were defrauded, Attorney General Jay Nixon said today. Nixon said WebXites, one B2B Outbound Telemarketing based in Houston, fraudulently placed start-up and monthly fees for Web page design services on the phone bills of 23 Missouri small businesses.

Nixon says WebXites’ specialists in B2B Outbound Telemarketing sales would call small businesses and offer them a free 30-day trial period to try the company’s services, while informing the recipient of the call that it was being recorded for accuracy. Most declined the sales pitch, but WebXites spliced the calls to create audio tapes that made it appear as though the business expressly authorized the purchase of WebXites services and agreed to have charges for those services placed directly on its phone bill.

WebXites would then send the phony audio tapes to the target business’ phone company so that it could charge the $49.95 set-up and monthly fees to the phone bill of the target business without the business’ consent. Among the small businesses victimized by the scam were a pizza restaurant, a pharmacy, a business that sells log homes, and a chiropractor.

“This Specialists in B2B Outbound Telemarketing took the art of telephone fraud to a new level,” Nixon said. “In some cases, the targeted businesses made it perfectly clear that they were not interested in the services that WebXites was providing, but still found these charges on their phone bill. Small businesses have enough challenges in trying to succeed without having to worry about being victimized by such a shameless scam.”