Marketing

Information about Telephone & FAX Marketing Calls

Tips for Unwanted Sales and Survey Calls

If you are not interested in what the caller is selling, interrupt the caller and request to be put on their "Do Not Call" list. Then tell the caller you are not interested, say good-by and hang up.
Be skeptical of offers that sound too good to be true; they usually are.
Report companies using questionable sales practices to the Nebraska Attorney General’s office at 402 471-2682.
To disconnect from computer calls, hang up your telephone and wait at least 30 seconds before picking up the phone.
Contact the Direct Marketing Association and request that your name be removed from telephone solicitation list by writing to:

Telephone Preference Service
C/O Direct Marketing Association
P O Box 9014
Farmingdale NY 11735-9014

Contact the following companies that compile directories and request that your listing be removed

Experian
Attn: Data Info. Center
901 West Bond Street
Lincoln NE 68521
402-473-9715

Equifax
Attn: List Suppression File
26955 Northwestern Hwy.
South Field MI 40834
800-873-7655

Do not give any type credit card or banking information to anyone who calls and asks for it. Only give this information when you make the call to someone you know.
Screen your calls with an answering machine, voice mail or caller ID service.
Get an unlisted number. (There is a fee for the unlisted number.)
When calling an 800, 888, 877, 866, or 900 number, the company you call can usually see your telephone number. Request that your name, address and phone number not be sold or rented and that they not call you in the future.
Be familiar with the laws on telemarketing. Read on for summaries.

Telephone Consumer Protection Act of 1991

This law was passed to reduce unsolicited and harassing telephone calls. It provides the following:

Telemarketers may not make calls to your residence before 8 a.m. or after 9 p.m.
The Telemarketing Company must maintain a "Do Not Call" list.
If you request to be put on the "Do Not Call" list, the Telemarketing Company must honor that request for 10 years.
After requesting to be put on the "Do Not Call" list, if you are called more than one time in a 12-month period, by the same firm or its affiliated companies, you may take legal action and you may be entitled to damages.
Telemarketers are prohibited from using automatic dialing systems and prerecorded messages when they may pose a threat to health and safety, such as using these techniques to call emergency lines and health care facilities.
Telemarketers must, when making calls with an automatic dialing system, identify the call, give the caller’s telephone number or address, and release the called party’s line within five seconds after an indication that the called party has hung up.
Telemarketers may not send unsolicited or "junk fax" ads to telephone fax machines.

This Act allows consumers and businesses to sue telemarketers who violate provisions of the Act or FCC regulations. Research calls are not covered by the Act and "Do Not Call" requirements do not apply to nonprofit corporations.

Telemarketing and Consumer Fraud and Abuse Prevention Act

This law was passed to address abusive telemarketing practices. It provides for the following:

Selling under the pretense of research is illegal and telemarketers are required to promptly disclose their name and that the purpose of the call is sales related, including the nature and price of the product the caller is attempting to sell. The telemarketer must disclose the total cost of the goods, any restriction on using them and whether all sales are final or non-refundable.
Telemarketers may not misrepresent any information including the total cost and the quality of any goods or services. They may not make false or misleading statements to persuade you to purchase any goods or services.
Telemarketers may not obtain or withdraw money from your checking, savings or other accounts without your express authorization.
If a call is for a prize promotion, the telemarketer must tell you that no purchase or payment is required to win a prize or participate in a prize promotion. They must also tell you the odds for winning and all material costs or conditions to receive the prize.
Telemarketers may not make calls to your residence before 8 a.m. or after 9 p.m.
Telemarketers are required to comply with consumers’ "Do Not Call" requests.
Telemarketers are prohibited from placing repeated calls or allowing a telephone to ring with the intent to annoy, abuse or harass.

Consumers and businesses can sue for violations of this law. You may contact the Nebraska Attorney General’s office or the Federal Trade Commission, which can also bring suit against the telemarketers for violations of this law. Research calls are not covered by this law and "Do Not Call" requirements do not apply to nonprofit corporations.