Rules for Telemarketers
Do you receive phone calls from telemarketers? Did you wonder what the law allows them to do, and not to do?
Protect yourself from becoming the victim of such fraud by recognizing telemarketers that are breaking the law. And see this page for How to Block Phone and Fax Telemarketers.
While there are many legitimate individuals and companies that use the telephone to solicit business, some con artists use a scripted sales pitch and an array of high-pressure sales tactics to obtain purchase commitments from victims.
However, both con artists and legitimate telemarketers sometimes use abusive techniques such as calling people's homes late at night. To protect consumers, the Telephone Consumer Protection Act of 1991 was passed and became effective December 20, 1992. That act and regulations of the Federal Communications Commission (FCC) help consumers avoid unwanted telephone solicitations and regulate certain abusive techniques. Under the new rules, telemarketers:
- Are required to maintain company-specific do-not-call lists for
consumers who have requested that they not receive unwanted telephone
- Are barred from calling homes before 8 a.m. and after 9 p.m.
- Are prohibited from using automatic dialing systems and pre-recorded
messages where they may pose a threat to health and safety, such as using
these techniques to call emergency lines and health care facilities.
- Must, when making calls with an automatic dialing system, identify the
caller, give caller's telephone number or address, and release the called
party's line within five seconds of notice the called party has hung up.
- May not send unsolicited or "junk fax" ads to telephone fax machines.
The Telephone Consumer Protection Act of 1991 also allows consumers and businesses to sue telemarketers who violate provisions of the act or the FCC's regulations. Consumers may sue in state court to stop violations or to recover any actual monetary damages suffered.
The U.S. Postal Inspection Service has no authority to investigate or punish telemarketers who use the abusive practices outlined in this tip sheet. The Postal Inspection Service's responsibility is to investigate telemarketers who solicit funds through the U.S. Mail in fraudulent schemes. Therefore, if you have been victimized in a fraudulent promotion in which the U.S. Mail was used, even if you became interested in the promotion by first receiving a telephone call, report your experience to your local postmaster or the nearest Postal Inspector.
You can download a copy of the FCC rules on telemarketing here
And please let us know about any suspicious calls or emails you receive. We look for patterns so that we can alert the authorities and victims to new scams, before it is too late!