Read anything interesting or outrageous from our wonderful friends in the telemarketing industry?  E-mail it to us! It may be our next "Quote Of The Week!"

December 30, 2007

"It is a significant infraction of the rules and laws established in Oregon that fundraisers have to follow. This particular telemarketer has a history of only turning over about 20 to 30 percent of the funds they collect to charity."

Victoria Cox of the Oregon State Justice Department, commenting about a call center in Coos Bay Oregon closing as a result of an investigation by the Oregon attorney general's office into a New Jersey based telemarketing company.

The center bears the name of the Oregon Volunteer Firefighters Association, its insignia and a fire-engine red paint job.  But callers' salaries and the building's lease are paid by Civic Development Group.

A state spokeswoman said the company's callers didn't identify themselves as representing a professional fundraising organization. Civic Development Group argued that the callers were employees of the nonprofit group.

According to the attorney general's Web site, in 2006 the Oregon Volunteer Firefighters Association generated nearly $1.2 million, with about $900,000 going for fundraising services and nearly $20,000 to the association's administrative costs.  That left $245,113, or about 21 percent of revenues, that went toward firefighter training, equipment and other program services.

Under an agreement reached in November, the telemarketing firm's activities are restricted for five years, although it can operate charitable or nonprofit call centers under the terms of state law, and the Volunteer Firefighters Association can't pay professional fundraising firms for five years.

The firefighters association must pay $10,000 to cover the Justice Department's attorney fees and investigative costs. The telemarketer is to pay $20,000.

From Oregon Live.com, Coos Bay call center to close under agreement with state, December 28, 2007.  Ms. Cox can be reached, via the State Attorney General's office at: (971) 673-1880.

CATS Comment:  Welcome to the "old switcharoo," a time honored technique employed by telemarketers.  Here's an example:  Your phone rings, your answer it and the caller asks for you.  After verifying that you are the person that the telemarketer wants to talk to he says:

"Hi, Mr. Jones.  This is Bob calling on behalf of the Firefighters Safety Fund.  How are you tonight?"

Q: So who called?  A: Bob
Q: Who does Bob work for?  A: Not the Firefighters Safety Fund!

Remember, Bob said that he was calling on behalf of the Firefighters Safety Fund, not from the Firefighters Safety Fund.  He probably works for a telemarketing company hired by the Firefighters Safety Fund.

Lesson Learned:  When a telemarketer calls listen very carefully to what they say.  Make this your New Year's resolution.

Class dismissed.  And oh yes...CATS wishes all our viewers a very Happy and telemarketing-free New Year.

December 23, 2007

"Congress intended that once you signed up for the Do-Not-Call registry you were on it until you asked to be taken off.  That's what this bill intends to re-establish.  Without it, millions of Americans will either need to start re-registering on October 1, 2008, or get ready to hear their telephones ring during supper time again with unwanted commercial solicitation calls."

US Senator Byron Dorgan (D-ND) commenting about the Do-Not-Call (DNC) Improvement Act of 2007,  The act was introduced last March by Senator Dorgan.  Before the bill passed, consumers on the list had to renew their registration every five years.

A second bill passed Monday that permanently authorizes the FTC to administer the registry while capping fees that marketers pay to access the list.

To date, the DNC list has approximately 145 million registrants.  Dorgan said he expects the “Do Not Call Improvement Act of 2007” to quickly move to the White House for the President to sign into law.

From DM News, Senate votes to make Do-Not-Call Registry permanent, December 18, 2007.  Senator Dorgan can be reached at: (202) 224-2551 

CATS Comment:  The National "Do-Not-Call" list, for the most part, has been a success.  Now if Congress REALLY wants to give consumers a real Christmas present, they should make the list apply to political calls as well as commercial solicitations.

We, here at CATS, wish everyone (including telemarketers and members of Congress) a very happy holiday season.

December 16, 2007

"We're okay with the list being permanent just as long as they are showing that they have a process in place, where they are purging and updating the list regularly,"

Tim Searcy, CEO of the American Teleservices Association (ATA) commenting about the US House of Representatives voting to make the Do-Not-Call Registry list permanent. The measure, which still raises some eyebrows in the industry, still needs approval from the Senate.

Before the passage of the Do Not Call Improvement Act, consumers had to renew their participation in the registry every five years. The bill also requires that the FTC remove disconnected and reassigned numbers periodically.

From DM News, House of Representatives makes Do-Not-Call Registry permanent, December 13, 2007.  Mr. Searcy can be reached, toll-free, via the ATA, at (866) 500-4272 x103.

CATS Comment:  Talk about a wrong number!  On September 21, 2003, Mr. Searcy told the Boston Globe that if the U.S. National "Do-Not-Call" list were to be made into law, "It will be like an asteroid hitting the Earth."  The ATA then spent thousands of dollars in legal fees to fight the implementation of the list.  The ATA eventually lost.

Four  years later, it seems that Searcy is now "OK with the list...."

We, here at CATS, marvel how a highly intelligent gentleman like Mr. Searcy took 4 years to learn the obvious.

December 9, 2007

"Since our calls were informational in nature, and not telemarketing sales calls they violated no laws."

Rose G. Foley, a paralegal for DirecTV, responding in a letter to a consumer that the calls were “not to sell you anything” but were “purely informational calls intended to remind you of your status and give you an opportunity to change your do-not-call preference.

The letter also stated "We initiated this recent do-not-call update campaign in order to make sure that information about our customers' preferences is up to date and accurately reflects our customers' wishes. We have found that a customer who at one time requested to be put on our internal do-not-call list may later decide that he or she would like to receive information from us about a variety of things."

From the New York Times, The Fed Jammed Your In-Box, October 6, 2007.  Ms. Foley can be reached at: (310) 964-2021.

CATS Comment: It should come as no surprise that the Federal Trade Commission in 2005 fined DirecTV $5.3 million for violating its telemarketing sales rule. This was the largest civil penalty the F.T.C. has ever announced in a case enforcing any consumer protection law.

According to a DirecTV spokesman, the "informational calls" have stopped. 

December 2, 2007

"A recent poll by Harris Interactive reported that the FTC [Federal Trade Commission] has been doing a good job getting the word out. Among the 2,565 adults polled by Harris in October, 71% of those who are registered said they knew about the planned expiration, while only 29% were unaware. Curiously, those in the West and those with postgraduate degrees were less likely to know they needed to renew (33% each)."

Beth Negus Viveiros, Executive Editor of Direct Magazine commenting on the fact that most Americans are aware of the planned expiration of their names and phone numbers on the National Do-Not-Call list operated by the FTC. 

She also reported that overall, 96% of those questioned said they planned to renew. Six percent of registrants claimed they still get as many calls as before they signed up, and 1% said they actually get more calls.

Eighteen percent reported they don't get any telemarketing calls and 59% noted that they still receive some, but far less than before they registered.

From Direct Magazine, DNC Registrants Ready to Renew, December 1, 2007.  Ms. Viveiros can be reached at: (617) 916-2762.

CATS Comment: The Federal Trade Commission recently settled six cases and levied nearly $7.7 million in fines against companies and individuals accused of violating the requirements of the National Do Not Call (DNC) Registry.  Simply put, enforcement works.

November 25, 2007

"In New York people were awakened at 2am in the morning because a computer was misprogrammed.  Obviously if these calls were made by a person as my bill would require, that person would not be calling at 2am, but a computer can make mistakes."

"We had one incident in Wisconsin where a person up in Appleton missed his own brother's funeral because there were so many calls on his answering machine he did not receive calls informing him of the death of his brother and the date of the funeral, so he missed his own brother's funeral."

Wisconsin State Representative Spencer Black (D-Madison) commenting about an incident involving robocalls in a recent election in New York State.  The Madison Democrat says the deceptive and harassing use of robocalls could happen in Wisconsin, that's why he says lawmakers need to pass legislation (AB-311, SB-172) banning such calls before next year's election.  Black says in some areas of active elections, people get as many as 30 intrusive robocalls a day ... annoying taxpayers and even blocking important personal calls.

Black says candidates have the right to get their message out, but taxpayers have the right to personal privacy. Black's measure was unanimously approved in a senate committee, but is not yet scheduled for a vote in the full senate.

From The Wisconsin Radio Network web site, Lawmaker wants to outlaw robocalls, November 17, 2007.  Representative Black can be reached at: (608) 266-7521.

CATS Comment:  A political robocall at 2 AM???  This should be a wake up call for politicians.

November 18, 2007

"Consumers have made clear that they greatly value the Do Not Call Registry, and they must be able to depend on its privacy protection,  By bringing enforcement actions, like those announced today, we will ensure that the small number of bad actors pay a price for not adhering to the law and respecting consumers’ privacy requests.”

Federal Trade Commission (FTC) Chairman Deborah Platt Majoras commenting about her agency's actions against six telemarketers.   The FTC entered into six settlements totaling $7.7 million in civil penalties along with an additional filed complaint with the district court.

Companies named in the settlements involved Craftmatic, Ameriquest, Global Mortgage Funding, ADT and two of its dealers, and Guardian Communications and its affiliates.

In addition to money collected, the FTC, through the US Department of Justice, has taken legal action to prohibit defendants from committing future DNC violations.

More than $16 million has been collected, in addition to $8 million for consumer restitution or disgorgement of ill-gotten gains, through DNC legislation since its establishment in 2003.

The FTC recently announced plans to forgo the five-year renewal requirement, keeping numbers on the DNC list permanently, pending final Congressional and agency action.

From a press release on the FTC's website, FTC Announces Law Enforcement Crackdown on Do Not Call Violators, Six Settlements Require Payment of Nearly $7.7 Million in Civil Penalties; November 7,2007.  Ms Majoras can be reached, via the FTC, at: (202) 326-2100.

CATS Comment:  We called several of the violators and were unable to obtain a copy of their written "Do-Not-Call" policy, as required by law.  In fact all of the customer representatives we spoke to were unaware of the FTC action against their company.

Seems that the fines are just a cost of doing business to these companies.  It's cheaper to pay the fines than comply.

Way to go Ms. Majoras!

November 11, 2007

"Having a voice in modern government means gaining access through the accepted political processes.  Campaign contributions accomplish a number of meaningful objectives including access, putting supporters of ATA issues in office, and preventing less favorable candidates from reaching office.  In 2004, the ATA directly or through its members contributed over $50,000 to candidate campaigns."

Tim Searcy, CEO of the American Teleservices Association (ATA) commenting on the ATA-PAC, the Political Action Committee.  According to the ATA website, the ATA-PAC was formed in order to raise awareness about Teleservices and the Contact Center Industry and to lend support to those political candidates who impact the industry. The ATA-PAC is a critical way for the ATA to have a bigger presence on Capitol Hill and in Statehouses across the nation.

The funds raised by ATA-PAC were contributed to Members of Congress and candidates for Congress who have been sensitive to the interests of teleservices, or are in a position to influence legislation affecting the teleservices channel.

From the ATA website, WELCOME TO THE ATA-PAC ONLINE, posting date unknown.  Mr. Searcy can be reached, toll-free, via the ATA, at (866) 500-4272 x103.

CATS Comment:  There was a time when politicians treated telemarketing company contributions like tobacco company contributions; they simply refused the money.  Ah, but times have changed, and now it seems that some politicians happily take the ATA's and the telemarketing company contributions.  To see what politicians are taking ATA-PAC money, click here.

This proves something that we, here at CATS, have said for some time - - The United States has the best Government money can buy.

November 4, 2007

"In many cases, however, individuals placed multiple phone numbers on [Do-Not-call] DNC — their residential line, their home office number and their cell phone.  So there’s another way to look at the numbers.  Of the 75 million total households in the US, approximately half are on DNC. The good news is that the other half are receptive to being called and remain available to telemarketers.  I should also point out that millions of names on the DNC can be called if they have an existing business relationship — an EBR — with a marketer.  According to [some] teleservices experts, companies that have EBRs with households find they are very receptive to pertinent offers."

David Goldsmith is President and co-founder of MetaMatrix Consulting Group LLC.  Born and raised in Middletown, NY, David has studied at Fairleigh Dickinson University and Orange County Community College.  He received a Dual Major with a B.S. in Biology and a B.S. in Psychology at Syracuse University.

From DMNews, Q&A: Goldsmith on adapting industry to multiple platforms, October 13, 2007.  Mr. Goldsmith may be reached at: (888) 777-8857.

CATS Comment:  Mr. Goldsmith points out that individuals have placed multiple phone numbers on the DNC list.  Then he claims (according to some teleservices experts) that those consumers are 'very receptive' to getting sales calls.

If Mr. Goldsmith truly believes that consumers, after placing multiple numbers on a 'do-not-call' list, are then 'very receptive' to receiving sales calls, then we, here at CATS, think we know exactly what the "BS" in his Psychology degree stands for!

CATS Note:  In a later phone conversation with Mr. Goldsmith, we were amazed at how he perceives the telemarketing industry.  While our quote, and the DMNews article made it appear that he was pro telemarketing, the reality is that he is quite the opposite.  A trip to his web site where he talks about the future of telemarketing will reveal all.  To go there click here, and scroll to the teleservices industry section.

David Goldsmith responds:

Bob,

1.  It's Goldsmith you used Goldstien.

2.  Make the third section in Red it and bold, it's only fair to your readers.  You wouldn't want to be known as being one sided. Don't believe it's your style or purpose.

3.  Comment to add...

My position with the teleservices quote along with hundreds of others quotes I've had in media is that often quotes are just a small component of the bigger picture comments I've generated for an industry.

Bob told me a television crew spent three days following him around only to put 5 minutes into the broadcast. I bet you those 5 minutes did not encapsulate his entire position. ( I presented for an hour and a half and so much was discussed.)

In this case I was asked to look at the future of the industry as well as give guidance to those in attendance at the ATA National Convention.  This is not pro or con position for teleservices nor was it a position to trick the consumer, government or anyone else for that matter.  My job was to help those create a better future for their organizations. 

As for my personal position, I am pro teleservices where it works and con where it does not.  Yes vague.  

I love to have my product, sales and technical support issues picked up on the first ring however that my never be possible where everyone is happy.

I love to have the CDC, my hospital, my pharmacy, my on-star ready and willing to help.

I love to have machines answer phones when it's better than human interaction and the opposite when necessary. I prefer Internet over a teller in a bank for most transactions.

I love to be able to speak to someone who understands my language however I've called English speaking people who work in the states who are absolutely useless in solving my challenges while the opposite has happened from call centers in India, Argentina, and the Dominican Republic.  I won't place everyone into one category!

I love getting a deal from the WSJ to secure for $99 the paper I did not renew given that now I also get the internet included in the price. On the other hand I hate being called again to sell me for the same product just because their DB is not in check.  Hey, that's technology today.  Did your couch arrive on time or your contractor finish the job as scheduled? This challenge of technology syncing may not be solved for some time just as world peace is not around the corner. 

I hate being called by the police to donate where only 10% goes to the police and yet I support my local services.

I hate being interrupted by the 50,000 call center employees who are not a part of the American Teleservices Association with companies trying so hard to live by the law.  These companies spend time cleaning their lists, watching for legal holidays, dotting every i and crossing every t.  They are not the problem, is the 6 room shop that is set up for a company that does not know the law or for that matter the large corporation who through ignorance has stepped over the line.

I can go on an on....

Lastly, the question about EBRs is also one that I do question and yet do not have an answer for what is rightfully an EBR.  The WSJ did have an EBR that I cancelled by not resubscribing however I am happy they did call.  We're all only human.

If you want to learn more check out the link provided OR call Bob Arkow.  We spoke for a little shy of one hour and had great conversation.  I believe his comment at the end was something to the effect of, "You've ability to understand the industry is quite impressive and I don't believe I've every spoken to someone like you in all the years I've been doing this."  (No it's not word for word, but you get the point.)

Bob feel free to fill in the exact quote.  I missed it on the website.

~ David

David: Your corrections and suggestions were used and appreciated.  And yes,  here is a link to the actual article.

October 28, 2007

"As we testified yesterday, the [Federal Trade] Commission now commits that it will not drop any telephone numbers from the Registry based on the five-year expiration period pending final Congressional or agency action on whether to make registration permanent."

Lydia Parnes, Director of the Bureau of Consumer Protection at the Federal Trade Commission (FTC) testifying before the Committee on Energy and Commerce, Subcommittee on Commerce, Trade, and Consumer Protection,United States House of Representatives.

Current FTC rules state that numbers on the registry last for five years before they must be renewed. Because the registry started in 2003, the first people to have signed up are set to be cleared from the list in June 2008.

A House subcommittee met earlier this week to discuss bill H.R. 2601, which would renew all numbers on the Do Not Call List through 2012.

Another bill, H.R. 3541, would make Do Not Call registrations permanent. In the Senate, the bill for permanent registrations is called S. 2096. In both the House and the Senate, the bill is still in its first stages and has been referred to a committee.

From a press release on the FTC's web site,  FTC Pledges Not to Drop Any Numbers From Do Not Call Registry, Pending Final Congressional or Agency Action on Whether to Make Registration Permanent, October 23, 2007.  Ms. Parnes can be reached at: (202) 326-3240.

CATS Comment:  Do you really believe that the Government will protect your privacy?  Take a minute to re-register your phone numbers now!  There is no cost to you.

To register,  just click here.

October 21, 2007

"There are few things in life less appealing than cold calling, but, until recently, that’s how most people thought about the role of the inside sales rep — endless cold calling.

"Recently, however, Web 2.0 technologies have enabled ways to leverage e-mail and the Internet, to speed up sales cycles and better serve customers.  Never before has there been so much prospect information so readily available to the frontline sales rep. It’s changing the way they sell, and it’s resulting in the death of the cold call.

"It used to be that reps had to spend countless hours researching, calling and re-calling to land a few conversations.  Unfortunately, many of those conversations were either fishing expeditions, misdirected or, at times, even counterproductive (not to mention exhausting and discouraging for the sales professional)."

David Thompson, co-founder and CEO of on-demand provider of marketing solutions for sales and marketing professionals, Genius.com commenting on how his company is changing the demographics of telemarketing.

From DM News, Technology’s sales upside: The death of the cold call, October, 13, 2007.  Mr. Thompson can be reached, via genius.com, at: (888) 643-6487.

CATS Comment:  Duh!  Does it take a take a person from Genius.com to figure out that people do not want their privacy invaded?

If that's the case, then telemarketers must be the dumbest people on earth.

October 14, 2007

"Drivers who slow and gawk at accidents will understand my instinct regarding the National Do Not Call Registry.  I've got a pretty good idea there's an impending pileup, and I've staked out a vantage point, packed some sandwiches and potato salad, and am waiting for the show to start.

"And here's the coming car wreck: The industry is making feeble efforts, if any at all, to get out in front of the news. In contrast, anti-telemarketing stories already have begun to run in the non-business media. Worse, lawmakers are taking advantage of the opportunity to re-examine the original do-not-call laws.  If legislative efforts such as The Do Not Call Improvement Act of 2007 are any indication, these folks do not have DMers' best interests at heart.

"That bill, introduced by Rep. Mike Doyle (D-PA) last month, would make any number on the list permanently off-limits.  Of course, political phone calls would continue to be excluded from do-not-call provisions. Free speech arguments aside, politicians are well aware of telemarketing's effectiveness."

Richard H. Levey, senior writer for Direct Magazine, commenting on the fact that next June, the first numbers that were put on the National 'Do-Not-Call' list will be dropping off the list due to the five year limit that the law has.

From Direct Magazine, An Anticipated Wreck, October 1, 2007.  Mr Levy can be reached at: (212) 204-4220.

CATS Comment:  Lawmakers are doing more than "Do-Not-Call'.  Several state legislators are considering 'Do-Not-Mail' bills similar to the laws that telemarketing industry deals with now.

Direct marketers have not learned their lesson.  If the message is misleading or offends the receiver, there will be both a consumer and political backlash.

Think about that next time you open your mail and get one of those "fake checks" or the envelope says "Important Document Enclosed," only to find just another ad.

The industry calls it "creative copy."  We call it misleading and offensive.  If the direct marketing industry doesn't learn from its mistakes, it will, again, pay the price.

October 7, 2007

"Prestigious, hard-earned, and lucrative, the annual Nobel Prizes will be announced next week. Prize by prize, Mr. Dynamite's money will go to top achievers in medicine, chemistry, physics, literature, peace. . .

"And if you see another member open his cell phone and text a message to others who begin holding back giggles, you'll know the foundation is about to secretly award the Nobel Prize for Telemarketing.  An emerging field that is becoming a worldwide art form, telemarketing was added to the academy's unofficial list in 1999. Since then, telemarketers from America and India have dominated.  Recent laureates earned recognition for figuring out how to skirt Do Not Call lists, devising algorithms for always calling at dinner time, and creating linguistic strategies for mispronouncing every name on their lists."

Bruce Watson, a writer for the Amherst Bulletin, commenting on a little-known aspect of the prestigious Nobel Peace Prize.  According to Watson,  the Nobel Prize Foundation members don't want you to know it, lest they become a laughing stock, but each year they pick Nobels in a few less prestigious fields.

From the Amherst Bulletin, The Nobel prizes nobody knows, October 5, 2007.  Mr. Watson can be reached, via the Amherst Bulletin, at (413) 549-2000.

CATS Comment:  We, here at CATS, protest!  If they are going to award a Nobel Prize for telemarketing, then, in all fairness, they should award a Nobel Prize for actions taken against telemarketers as well.

We nominate Robert Bulmash, founder of Private-Citizen, Inc. for that prize.

September 30, 2007

Galanter, 50, has represented a wide range of criminal defendants, including alleged drug dealers, money launderers, white-collar fraudsters, robbers and burglars and telemarketing schemers. Some have gotten press notice, but nothing like the attention paid to Simpson. He says they have a close but professional relationship."

Curt Anderson, Associated Press Legal Affairs writer commenting in a story about Yale Galanter, the attorney defending O.J. Simpson in his most recent dealings with law enforcement and the courts.

According to Mr. Galanter's web site, Galanter defends people in matters involving white collar crime, money laundering, grand jury subpoenas, Federal litigation, State litigation, homicide, drug offenses, sexual offenses, bond hearings, theft, fraud, forgery, appeals, DUI, DUI manslaughter, domestic violence, extraditions, illegal seizure of assets, burglary, and, of course, telemarketing violations.

From  Central Daily.com, Miami lawyer Galanter vaulted to limelight as 'O.J.'s lawyer', September 20, 2007.  Mr. Galanter can be reached at: (305) 576-0244.

CATS Comment:  You've come a long way, baby!  Yes, telemarketers can hire "dream team" lawyers to defend them against charges of illegal telemarketing.

But if you sue a telemarketer in California Small Claims Court, they CANNOT use a lawyer.  Lawyers are barred from California Small Claims Court.

Is it any wonder why many telemarketing defendants settle cases involving small claims courts rather than having a court hearing without their high-powered legal help?  Simply put, without 'dream team" lawyers, most telemarketing cases are hard to defend.

September 23, 2007

"First, the DNC (Do-Not-Call)  Registry was created out of consumer frustration and political expedience.  Neither of these causes has abated over time.  The success in curbing marketing efforts has only added fuel to the belief that DNC was a good idea.

"Second, the industry has survived and in many ways thrived in spite of the DNC Registry.  Foolish pundits would say that DNC has increased response rates and decreased frustration which has made the channel more effective.  No, the reason the industry has continued to succeed is the measurable nature of the medium, and the ingenuity of its users.  The channel has always been effective, but now it is more effective to a smaller pool of prospects."

Tim Searcy, CEO of the American Teleservices Association (ATA), commenting on the effects of the National Do-Not-Call list on consumers and the telemarketing industry.  His comments come as many of the numbers on the list which were added to the list in June of 2003 will expire in June of 2008.

The Federal Trade Commission (FTC), which runs the list, built the five-year expiration date into the program to account for changes, such as people who move and switch their phone number.

Telemarketers are required to pay an annual subscription fee to access the FTC list so those numbers can be blocked from their dial-out programs. The companies also must update their own calling lists every 31 days to ensure there are no numbers from the registry on them.

The annual subscription fee for the list costs $62 for each area code, with a maximum cost of $17,050 for access to all U.S. numbers on the list.

The FTC reported this year that 6,824 companies and other entities paid $21.7 million in fees to access the database in fiscal year 2006. All told, 15,218 entities have paid $59 million in fees to access the database since the program's inception.

From DM News, DNC Registry faces its 5-year milestone, September 21, 2007,  Mr. Searcy can be reached, toll free, via the ATA, at (866) 500-4272 x103.

CATS Comment:  Hold the phone!  According to Mr. Searcy, the industry has "survived and in many ways thrived in spite of the DNC Registry."

My, how things have changed in 5 years.

Exactly five years ago, on September 7, 2003, Mr. Searcy told the Boston Globe that if the DNC list ever comes into operation "It will be like an asteroid hitting the Earth.  Two million people will lose their jobs."

Five years later Mr. Searcy says that the DNC list has actually helped the industry.

So where's the asteroid?

September 16, 2007

"The Court’s orders also prohibit defendants from making misrepresentations about the goods and services they sell, and from charging consumers improperly. For example, the defendants are prohibited from misrepresenting that consumers will receive goods or services, that they will receive them free of charge, or that they bear certain characteristics or can be used in a particular way. The defendants also are prohibited from misrepresenting the terms and conditions of free-trial offers. In connection with obtaining payment for “free-to-pay” offers, the orders prohibit the defendants from improperly debiting consumers’ bank accounts or charging their credit or debit cards. For example, they are prohibited from charging consumers when consumers reject a sales offer; before a free-trial period expires; after consumers have cancelled; or when defendants have thwarted consumers’ ability to cancel. Finally, the defendants cannot make recurring electronic fund transfers from a consumer’s bank account without obtaining the consumer’s authenticated authorization and providing a copy to the consumer."

Press release from the Federal Trade Commission (FTC), author unknown, telling some of the conditions regarding an agreed settlement between the FTC and Hispanic telemarketing company,  Remote Response Corp.

Remote Response was charged with deceiving Spanish-speaking consumers through their marketing of pre-approved, advance fee MasterCards, free ATM and phone cards, and a free-trial membership in a discount health plan.

The FTC complaint alleged that in numerous instances, consumers never received a MasterCard, received only some or none of the free items defendants offered, and that the items consumers received often did not work. In connection with the Amerikhealth discount health plan, the complaint alleged that the defendants misrepresented the free-trial offer by failing to provide consumers with a free-trial period at all or by thwarting consumers’ efforts to cancel during the free-trial period. The complaint also alleged that the defendants improperly charged consumers’ credit cards or bank accounts for the discount health plan, did not obtain consumers’ express verifiable authorization for the charges, and continued to charge consumers on a recurring basis without their written authorization.

From the Federal Trade Commission's web site, Advance-Fee Credit Card Purveyors Banned from Telemarketing, Telemarketers Targeting Spanish Speakers Settle FTC Charges, August 30, 2007.  The FTC can be reached, via their media contact, Jackie Dizdul, at: (202) 326-2472.

CATS Comment:  The FTC made the defendants agree to not misrepresent their products, improperly debit consumers' bank accounts, and not make recurring electronic funds transfers without authorization.

We thought those things were already illegal.

With settlements like this, is it any wonder that illegal telemarketing continues to happen?

September 9, 2007

"Tricking people into signing away their right to stop telemarketing calls isn’t the way to do business.  Telemarketers should respect the wishes of people who’ve made it clear they don’t want these calls."

Roy Cooper, the Attorney General of North Carolina, alleging in a press release that Craftmatic of Maryland, which sells adjustable beds directly to consumers, sent contest entry forms to North Carolina seniors that included information authorizing Craftmatic to contact them about its products.

Consumers who signed up for the contest soon got telemarketing calls from Craftmatic, even if they had listed their telephone number on the Do Not Call Registry to stop unwanted sales calls.

Under an agreement signed last week, Craftmatic of Maryland will make a number of reforms to its telemarketing practices including making it clear on any future mailings if signing up will result in telemarketing calls from the company. Craftmatic will promptly stop calling people when asked to even if the consumers’ numbers are not on the Do Not Call Registry or they have previously given the company permission to call.

Craftmatic of Maryland also agreed to follow all telemarketing laws, including not calling people who have signed  up for the Do Not Call Registry. The company will train its telemarketers to follow the law and keep detailed records of calls made to and complaints made by North Carolinians.

From a press release from the North Carolina Attorney General, Craftmatic to stop trying to get around Do Not Call list, says AG Cooper, Company used sweepstakes mailings to try to get people to sign away Do Not Call rights, September 4, 2007,  Attorney General Cooper can be contacted, via Noelle Talley of his staff, at: (919) 716-6413.

CATS Comment:  We contacted Craftmatic at (800) 320-2705 on September 9, 2007 and asked for a copy of Craftmatic's written "Do-Not-Call" policy.   We called twice, speaking to 'Jennifer' and 'Brenda'.

Neither agent could provide a copy of the policy, however they did take down our phone numbers and in one case, agreed to send sales literature to our P.O. Box.

According to Federal Law, a company must provide a copy of its written "Do-Not-Call" policy "upon demand" (CFR 64.1200).

Remember, Caftmatic assured the North Carolina Attorney General that they would "follow all telemarketing laws."

This proves the old saying, 'How you make your bed is how you sleep in it.'  If Craftmatic would stop calling people illegally, maybe they could get some rest.

September 2, 2007

"Most people have no idea how widespread and sophisticated telemarketing fraud has become.  It shocks even us."

James Davis, an lawyer with the Federal Trade Commission (FTC) commenting about  how telemarketing fraud, once limited to small-time thieves, has become a global criminal enterprise preying upon millions of elderly and other Americans every year.

Vast databases of names and personal information, sold to thieves by large publicly traded companies, have put almost anyone within reach of fraudulent telemarketers. And major banks have made it possible for criminals to dip into victims' accounts without their authorization, according to court records.

Although some companies, including Wachovia, have made refunds to victims who have complained, neither that bank nor infoUSA stopped working with criminals even after executives were warned that they were aiding crimes, according to government investigators. Instead, those companies collected millions of dollars in fees from scam artists. (Neither company has been formally accused of wrongdoing by the authorities.)

In recent years, despite the creation of a national "do not call" registry, the legitimate telemarketing industry has grown, according to the Direct Marketing Association. Callers pitching insurance plans, subscriptions, and precooked meals collected $177 billion in 2006, an increase of $4.5 billion since the federal do-not-call restrictions were put in place three years ago.

From the Boston Globe (New York Times News Service), Telemarketing thieves sharpen their focus on the elderly, Bank accounts made vulnerable, records show, May 20, 2007.  Mr. Davis can be reached, via the FTC, at: (312) 960-5611.

CATS Comment:  Even Government officials are shocked at how widespread and sophisticated telemarketing fraud has become.

It's nice to know that the hard-earned pensions of our senior citizens can wind up in the hands of major corporations, thanks to telemarketing fraud.

Is it any wonder that these corporations donate millions of dollars to our legislators every year?

August 26, 2007

"Having a voice in modern government means gaining access through the accepted political processes.  Campaign contributions accomplish a number of meaningful objectives including access, putting supporters of ATA issues in office, and preventing less favorable candidates from reaching office.  In 2004, the ATA directly or through its members contributed over $50,000 to candidate campaigns.  The late Jack Valenti, former head of the MPAA, and our keynote speaker at the 2005 Annual Convention was clear that we are now in the "big leagues.

"We need big league support, and that means a personal contribution from you to the ATA-PAC. Additionally, let us talk to you about how all of your contact center employees can play a financial role in the future of this industry." 

Tim Searcy, CEO of the American Teleservices Association (ATA), touting the advantages of contributing to the ATA-PAC (Political Action Committee).

From the American Teleservices Association Web site, http://www.ataconnect.org/public/government/takeaction.php, no date of posting given.  Mr. Searcy can be reached, toll free, via the ATA, at (866) 500-4272 x103.

CATS Comment: Not only does Mr. Searcy want big companies to donate to the ATA-PAC, he has a plan to have the individual telemarketers contribute as well!  Just click here to see how.

Considering how poorly the industry pays telemarketers, it seems to us that when the boss asks for a "contribution" from telemarkteing employees, (who are probably are "at will employees") failure to donate could mean termination of their jobs. 

it is things like this make the telemarketing industry the job of last resort.  You should be proud, Mr. Searcy, of the reputation that your industry has.

August 19, 2007

"This unconscionable delay is part of a larger trend of Ottawa failing to set reasonable ground rules to protect Canadians from unwanted marketing.

"The exceptions unquestionably undermine the effectiveness of the do-not-call registry," 

Michael Geist, a law professor at the University of Ottawa commenting about plans to create a Canadian "Do-Not-Call" list similar to the one in the United States,

The Canadian Radio-television and Telecommunications Commission announced Tuesday it will call for proposals later this month for bids from private, independent operators -- two-and-a-half years after the legislation was tabled.

Once a provider is up and running, Canadians who prefer not to receive unsolicited calls will be able to add their numbers to the database free of charge. Telemarketers face significant penalties for failing to follow the dictates of the list.

Under pressure from lobbyists, Geist wrote in the Toronto Star, the do-not-call list went from a comprehensive ban on marketing to listed phone numbers, with CRTC-dictated exemptions, to a Parliament-induced list that includes registered charities, political parties, pollsters, newspapers and businesses with an "existing business relationship with a consumer."

Geist says that means travelers who spend one night in a hotel can be called by the hotel chain for the next 18 months.

"The exceptions unquestionably undermine the effectiveness of the do-not-call registry," Geist said, adding some have dubbed what remains as "the do-not-hesitate-to-call" registry

From the Associated Press, Do-Not-Call List May Be Coming to Canada, Canada: Regulator Moves Toward Establishing National Do-Not-Call Registry, July 3, 2007.  Mr. Geist can be reached, at (613) 562-5800 x3319.

CATS Comment: Sound like Canada will have the same loopholes in their 'Do-Not-Call" laws that we have here in the United States.

Perhaps they should consider a "private right of action" clause to help enforcement.

August 12, 2007

"The stabilization of the access fees for the Do Not Call Registry is positive for telemarketers, especially since DNC fees have steadily increased since their implementation.  To ensure compliance, telemarketers may need to restructure their download schedule to accommodate the system ‘down times."

Tim Searcy CEO of the American Teleservices Association (ATA)’s chief executive officer commenting about the Federal Trade Commission's announcement that fees that telemarketers pay to access the National "Do-Not-Call" list will not increase this year.

Fees will remain at $62 per area code of data with the first five area codes of data provided at no cost. The fee for accessing the entire registry will remain at $17,050.  Exempt organizations will still receive access to the registry at no cost.

To be in compliance with the do-not-call laws, telemarketers have to check their lists against the national do-not-call registry at least every 31 days and they have to pay a fee to do this. 

Due to the fact that the Federal Trade Commission is switching vendors to maintain the list, telemarketers will be unable to access the lists or make scheduled payments for several days.  Telemarketers will need to make plans to re-arrange their schedules so they can make sure they stay in compliance with the 31-day rule.

Marketers will not be able to access www.telemarketing.donotcall.gov from 12:00 a.m. ET Monday, October 1 to 9:00 a.m. ET on Thursday, October 4.  During that time, they will not be able to subscribe to the registry, pay for area codes, manage/renew subscriptions, manage clients or download telephone numbers.

There will be no interruption of service on the consumer registration Web site at www.donotcall.gov or the registry's toll-free numbers, 888-382-1222 and 866-290-4236 (TTY).

From DM News,  No increase in fees to access no-call registry, August 10, 2007,  Mr. Searcy can be reached, toll free, via the ATA, at (866) 500-4272 x103.

CATS Comment: How times have changed.  The ATA spent millions of (their members') dollars to fight the DNC list all the way to the Supreme Court.  Having lost that effort, they now offer 'compliance seminars' on how to comply with the very same laws that they tried to stop.

Sounds kind of hypocritical, don't you think?

August 5, 2007

"The Government [of Norway] has announced that it will be introducing new restrictions on telemarketing, including a total ban on calling prospective customers on weekends."

Rolleiv Solhol, a reporter for the Norway Post, reporting on new restrictions for telemarketers now in effect in the country of Norway.  Rolleiv also reports that Norwegians can register with the public Bronnoysund Exclusion Register. This register allows a private individual to stop his or her address from being used for unsolicited direct advertising by mail or for telephone sales.

From the Norway Post, New restrictions on telemarketing, June 17, 2007.  Mr. Solhol can be reached, via the Norway Post, at: 47 67176875.

CATS Comment: Wow!  Do-Not-Call and Do-Not-Mail.  Too bad we don't have both options here in the US.  Now that telemarketing is getting more restricted, our direct mail is getting out of hand.

Have you ever noticed that the mail marked "important" is usually an advertisement?  Norway has the right idea offering consumers the ability to opt-out of telemarketing AND junk mail.

We, here at CATS, predict that if the direct mail industry continues to mail misleading and offensive pieces, there will be restrictions placed on that industry as well.

July 22, 2007

"We have a policy in place that prohibits any blast campaigns for products or services to people who have not consented."

Patrick Kimball, public relations manager for Verizon Wireless, commenting in DM News about  a settlement in a class action suit accusing Verizon Wireless of violating the Telephone Consumer Protection Act (TCPA) by sending 10,000 unsolicited faxes to Louisiana, Florida and Alabama businesses.

As part of the settlement, Verizon Wireless has admitted no liability.  However, the company has agreed to pay $397 per claimant, which number approximately 10,000. Verizon Wireless will also pay lawyers fees, which reportedly totaled $2.3 million.

From DM News, Verizon Wireless settles junk fax case, July 26, 2007.  Mr. Kimball can be reached at: (713) 219-8227.

CATS Comment: Verizon Wireless has a policy that prohibits blast campaigns?  It seems that that policy is for everyone else and not Verizon.  Let's look deeper, shall we?

The TCPA defines a "telephone solicitation" as: "the initiation of a telephone call or message (emphasis added) for the purpose of encouraging the purchase or rental of, or investment in, property, goods, or services, which is transmitted to any person......".  The law goes on to say that if there is an "established business relationship" the law does not apply, however....

A consumer can end the "established business relationship" by saying  something like, "Put me on your 'Do-Not-Call' list".  After that, companies are prohibited from sending telephone solicitations to that customer.  Thus, unsolicited text messages sent after the customer has requested to be left alone can be considered in violation of the law.

Enter Verizon Wireless, and customer Robert Arkow, President and founder of CATS.  Arkow, despite requesting to be on Verizon Wireless' 'Do-Not-Call' list still gets unsolicited and unwelcome text messages from the company.  The latest was sent last week; Verizon Wireless was touting a Chocolate phone by LG.

When Arkow requested a copy of Verizon Wireless' "Do-Not-Call" policy, he was told that "Verizon Wireless does not make those kinds of calls, and as such, there is no policy."

Considering how Verizon Wireless fails to obey their own policy regarding so called "blast campaigns" it seems to us that even if they had the required TCPA "Do-Not-Call" policy, they wouldn't obey it either.

Are you surprised?

July 22, 2007

"4.4.7. All Sellers shall create and make available, upon demand, their written In-House DNC policy to all Consumers requesting same. All Sellers shall send the Consumer making such a demand a copy of the policy within a reasonable time period not to exceed thirty (30) calendar days from the date of the demand."

From the American Teleservices Association (ATA) draft; Self Regulatory Organization Standards (SRO). The ATA is proposing these so called "standards" for the telemarketing industry.  The SRO may be downloaded from the ATA's web site, or  you can download a copy by clicking here.

The ATA can be reached, toll free at: (866) 500-4272.  Their CEO, Tim Searcy, can be reached at extension 103.

CATS Comment: Let see if we understand this, shall we?  The ATA is suggesting that telemarketers shall make their policy to all consumers that request one.

The Telephone Consumer Protection Act (CFR 64.1200), passed in 1992 and signed by President Bush Sr. states:

Written policy. Persons or entities making calls for telemarketing purposes must have a written policy, available upon demand, for maintaining a do-not-call list.

Seems pretty clear to us; too bad that the ATA in just now proposing this rule, 15 years after the law was passed.

Let see how long it takes them to obey the SRO.

We, here at CATS, have some advice for aggrieved consumers, don't hold your breath on this one.

July 15, 2007

"We maintain the highest ethical standards creating a zero complaint environment for your program.  Every new-hire is trained in all aspects of compliance with the TCPA, TSR, and individual state regulations as part of their basic initial training.  Upon successful completion of this segment of the training the TSR signs a form that specifies that they have been fully trained and they understand all of the requirements of the applicable state and federal telemarketing laws and regulations."

From Dial America's web site, compliance section, author unknown.  According to the web site, DialAmerica is the largest, privately owned telemarketing company in the United States, with annual revenues of $185 million.  Their president serves on the Board of Directors of the Direct Marketing Association, and they claim to have an active, highly respected, in-house Government Affairs and Legislative Compliance (GALC) Department.  They also boast (on their web site) that their VP of GALC also serves as the chair of the Direct Marketing Association's Teleservices Ethics Committee.

Dial America's compliance department can be reached at:  (800) 318-6611

CATS Comment: Dial America claims that their ethical standards create a "zero complaint environment."  Well just hold the phone for a second.

In Wylder v Dial America, Judge Kevin E. McKenney said:

4. Defendant's interpretation of the Telephone Consumer Protection Act is intolerably restrictive. Requiring a consumer to specifically ask to be added to the "do not call" list in order to stop these calls is inconsistent with the stated philosophy of the Act, which is "to protect residential telephone subscribers' privacy rights." Expressions of "not interested" and "do not call" are simple clear statements that as a matter of law should have been enough to stop repeated phone calls.

5. The phone calls of 2/1/02, 2/2/02, and 2/5/02 were placed in violation of 47 USC §227 and 47 CFR 64.120O(e)(Z)(iii).

6. 47 CPR 64.1200(e)(2)(iii) states in pertinent part: "If a person or entity making a telephone solicitation ... receives a request from a residential telephonic subscriber not to receive calls from that person or entity, the person or entity must record the request and place the subscriber's name and telephone number on the do-not-call list at the time the request is made." This section does not require a subscriber to follow the procedures described by Mr. Jannicelli. A request ... not to receive calls,,," should suffice.  Plaintiff's entreaty "do not call" should have resulted in placement on the do-not-call list.

7. 47 USC $227(b)(3)(H) authorizes an award of $500 damages for each of these three calls which violated 47 USC §227 and 47 CFR 64.1200(e)(2)(iii).

8. The evidence in this hearing and defendant's efforts to justify continual calls in spite of plaintiff's protestations "do not call again," "not interested" and "do not call," require the court to conclude that defendant willfully and knowingly violated this subsection and regulations prescribed under this subsection and therefore award plaintiff an additional $1,000 pursuant to 47 USC §227(b)(3).

By the way, Dial America had William E. Raney. Esq., of Copilevitz & Canter, a high powered law firm based in Washington, D.C. and Kansas City, MO, as part of their defense team.

July 8, 2007

"Now, more than ever, if we are to remain responsible list and data providers, we need to take a proactive stance screening the telemarketing scripts, mail promotions and e-mail messages of our clients before providing names, telephone numbers, addresses or e-mail addresses.

"In 2004, the Federal Trade Commission charged three list management companies for aiding telemarketers in the marketing of advance fee credit products, which are illegal under the Telemarketing Sales Rule.

"The FTC position is clear and unyielding. Those of us who provide lists share at least some responsibility for knowing what promotion will be communicated to those lists, and especially for knowing when the script or promotion violates the TSR.

"Additionally, the FTC is not limiting its involvement to just telemarketing offers. Those who provide lists to marketers promoting products via e-mail can also be held responsible for reviewing promotions."

Stacey Girt, senior vice president of the list management division of Newton, PA-based MKTG Services, commenting about the FTC’s new policies regarding telemarketing enforcement.

From DM News, Protecting consumers and our industry, June 7, 2007.  Ms Girt can be reached, toll free, at: (800) 936-6210.

CATS Comment: We agree with you Ms. Girt.  But sadly, and all too often, list brokers and others simply "pass the buck" when it comes to obeying the law. 

While your company may refuse to do business with an obviously fraudulent telemarketer, there are plenty of companies that will.  And the beat goes on......

So the best advice we here at CATS can give the consumer is simply this: Don't ever buy from a telemarketer.

July 1, 2007

"DMA [The Direct Marketing Association] fully supports the efforts of the Committee to enact legislation prohibiting caller ID spoofing.  Spoofing is a malicious practice that undermines caller ID as a useful verification device, and when used for illegitimate purposes, can cause harm to both consumers and businesses.

"Caller ID providers consumers with choice and control over their telephone. It alerts a consumer as to the identity of a caller and allows the consumer to choose whether to answer a call from a marketer offering a product or service of interest."

Jerry Cerasale, DMA’s senior vice president for government affairs, testifying to the U.S. Senate Committee on Commerce about the Truth in Caller ID Act (S. 704).

The bill, introduced by Senators Bill Nelson (D-FL), Claire McCaskill (D-MO) and Olympia Snowe (R-ME) in February, makes it unlawful to transmit misleading or inaccurate caller ID information.

In 2004, Mr. Cerasale pointed out, DMA adopted Caller-ID requirements as part of the Association’s Guidelines for Ethical Business Practice, adherence to which is a requirement of DMA membership.  DMA requires its members, including nonprofits and other groups, to transmit caller ID information. Specifically, he noted, when DMA members make marketing calls, they are required to transmit the name of the seller and the telephone number by which a called party can call back during normal business hours to ask questions or request not to receive future calls.

From DM News, DMA offers support for Caller ID bill, June 22, 2007.  Mr. Cerasale can be reached, via the DMA at:  (212) 768-7277 x 2423.

CATS Comment: We agree with the DMA on this issue.  Since this web site has been critical of the DMA in the past, we must, in fairness, commend them when they do something right.

We commend you, Mr. Cerasale, for getting it right on this issue.  Honesty with the consumer begins even before the predictive dialer is programmed.

June 24, 2007

"Traveling teaches many lessons about the vast differences in cultures.  In the contact center industry, my own travel and conversations have taught me how similar we all are in the issues that we face.

"Recently I visited the Contact Center Global Forum in Cannes, France, as a speaker. At this show, trade groups and companies from all over the world were represented.  With a wide range of people and backgrounds, there were still many common themes.

"...consumers are more frequently seeking government’s intervention on outbound calls. Hong Kong, China, India, Australia and many other countries are contemplating or have adopted new do-not-call policies.  Some standards mimic the U.S. approach and others are entirely new opt-in plans, which could virtually eliminate sales calls.  Regardless of style, politicians view these laws as a means of satisfying their constituents and eliminating complaints"

Tim Searcy, CEO of the American Teleservices Association (ATA), commenting in an article that he wrote for DM News, about the telemarketing industry overseas .

In the article, Mr. Searcy goes on to tout the ATA's recently introduced "self-regulatory organization" or SRO, which provides so-called "standards" for comment and review by the market. 

From DM News, Call center problems go global, June 21, 2007.  Mr. Searcy can be reached, toll free, via the ATA, at (866) 500-4272 x103.

CATS Comment: Wow Tim, you certainly have become a globe trotting telemarketer!

It must give you a good feeling to know that wherever you go, from Boston to Beijing, from Canada to Chile, your industry is hated world-wide.

It seems that whatever the country, whatever the race of the people, whatever the culture, almost everyone hates telemarketers.

While the world's people may not agree on many issues, it seems that they can certainly agree on telemarketers.   Simply put, no one wants to hear from them!

June 17, 2007

"This issues involves telemarketing fraud along with cheating the elderly — two things that together make it a perfect issue for politicians.  When a major candidate for president jumps on the issue, from an industry perspective, that’s just not a good thing.

"InfoUSA would be well advised to take a different posture from the one they have now, which is that they didn’t’ do anything wrong.  There is a problem here and they have to acknowledge it."

Robert Gellman, a privacy and information policy consultant and DM News contributor, commenting on a New York Times report that an investigation by the authorities in Iowa found that InfoUSA sold consumer data several years ago to telemarketing criminals who used it to steal money from elderly Americans.  It advertised call lists with titles like “Elderly Opportunity Seekers” or “Suffering Seniors,” a compilation of people with cancer or Alzheimer’s disease.

Stormy Dean, Chief financial officer of infoUSA, in reference to the New York Times article, has stated that, "I believe the state of Iowa knows we have done nothing wrong,"

From DM News, DMA, ATA respond to congressional attention, June 1, 2007.  Mr. Gellman can be reached via e-mail at: bob@bobgellman.com.

CATS Comment: This is another variant on the classic "blame game" that most telemarketers play.  Company "A" buys a targeted telemarketing list from data broker "B" and hires telemarketing company "C" to make the calls.

If the telemarketing call is in violation of the Telephone Consumer Protection Act (TCPA) and you take company "A" to court, they will blame company "B" or company "C".  If that doesn't work they blame a "computer glitch" or a discharged employee.

Or worse yet, they blame YOU!

June 10, 2007

"If you think you're getting telemarketing calls illegally, use every resource at your disposal.  We can't go after every small company in the country.  We just don't have the resources for them, because we go after companies that have thousands of complaints against them.  But there are a lot of ways you can go about fighting back, if you will."

Mitch Katz,  a spokesman from the Office of Public Affairs of the Federal Trade Commission, (FTC) commenting about individuals and companies that violate the National 'Do-Not-Call" list law.

Last year, roughly 375,000 Americans filed 1.1 million complaints with the Federal Trade Commission about telemarketers. In the four years since the National Do Not Call Registry was launched, the commission has settled 29 cases against the country's worst telemarketing firms.

The Federal Trade Commission isn't the only government agency charged with policing the National Do Not Call Registry. At various times, the Federal Communications Commission and state attorney general's office investigate registry violations.

From the Contra Costa Times, Registry doesn't stop all telemarketers, so some citizens fight back, June 8, 2007.  Mr. Katz can be reached at: (202) 326-2161.

CATS Comment: We agree with Mr. Katz that fighting back is the best answer to the problem. As Edmund Burke once said, "All that is required for evil to prevail is for good men to do nothing."

We here at CATS agree.

June 3, 2007

"The New York Times brought up a telemarketing scam where scam artists were preying on elders.  I am not sure why this

"In my opinion the author of the column in the Times [Charles Duhigg] does not understand the list industry and took giant leaps of faith with this story.  We are in no way promoting taking advantage of the elderly."

Stormy Dean, chief financial officer of infoUSA, commenting about an article in the Sunday New York Times that said millions of the nation’s senior citizens are at risk of being robbed of their good credit standing, life savings and privacy.

InfoUSA Inc. was singled out in that article, which referred to the fact that in 2005, state regulators in Iowa collected documents indicating that it had sold lists containing the names of older Americans to telemarketing criminals.

InfoUSA claimed the Times’ assertions about the company are based on the files of a "now completed investigation of a suspected telemarketing criminal" by the Iowa attorney general. Three years ago, infoUSA-owned Walter Karl provided documents at a meeting with Iowa’s assistant attorney general. Iowa authorities determined infoUSA had done nothing wrong.

From DM News, DMA, ATA respond to congressional attention, June 1, 2007.  Mr. Dean can be reached at: (800) 321-0869.

CATS Comment: The author of the column does not understand "the list industry"????

We here at CATS believe that the average person fully understands "the list industry."  What most people don't seem to understand is how to get off of the thousands of mailing and telemarketing lists marketed by "the list industry."

Perhaps you could educate us on just how to do that, Mr. Dean.

May 27, 2007

"Start right from the basics. No need to mince words: we call it direct mail; consumers call it junk mail. We call it e-mail, but to consumers it's spam. We call them customer service representatives, but to the world they're telemarketers. We know them as direct response television ads; consumers prefer to say infomercials with a smirk thrown in.

"So the battle for the terminology is lost. And it's not just consumers. Pick up any mainstream magazine or newspaper, view television news shows, listen to radio broadcasts: any reference to direct marketing is derisory, condescending and mocking.

"Who's to blame for this state of affairs? It's easy to pin this malaise on the unscrupulous among the direct marketing industry and those that skirt the edge of legality. But that ignores the larger issue. Has this industry done enough to police itself? The trade associations will surely protest and say yes and point to the breadcrumbs as evidence."

Mickey Alam Khan, Editor in Chief of DM News, commenting about an article in the May 20 New York Times on how elderly consumers were being scammed by telemarketers, banks and a data supplier to convince even a presidential hopeful to toss his hat into the debate.

From DM News, The direct marketing industry needs to act - now, May 26, 2007.  Mr. Khan can be reached via DM News, at: (212) 344-0759.

CATS Comme