Home: Consumer Information: Telemarketing and Spam


[ history ]

Federal Citizen Information Center: General Tips

Junk mail. Phone calls just when you sit down to eat. Spam cluttering your inbox. Pop-up ads when you are surfing the net. What can you do about all these ads that waste your time and hassle you. Actually, there is a lot you can do!

Tell companies you do business with to remove your name from customer lists that they rent or sell to others. Look for information on how to opt out of marketing lists on sales materials, order forms and websites.
Contact the three free services provided by the Direct Marketing Association to remove you from most national telemarketing, mail and e-mail lists.
Call the credit reporting agencies' notification system at 1-888-567-8688. This will reduce the number of unsolicited credit and insurance offers you get. All three major credit bureaus participate in this program.
Under U.S. Postal Service Rules it is illegal to send mail that looks like it is from a government agency when it isn’t. It is also illegal to send mail that looks like a bill when nothing was ordered—unless it clearly states it is not a bill. Report violations of this rule to the USPS.


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Federal Citizen Information Center: Telephone Calls

The federal government’s Do Not Call Registry is a free and easy way to reduce telemarketing calls to your home. To register, visit www.donotcall.gov or call 1-888-382-1222 from the phone you want to register. Your number will stay in the registry for five years unless you take it off the registry. After five years, you will be able to renew your registration. If you get restricted telemarketing calls after your number has been in the national registry for three months, you can file a complaint using the same web page and toll-free number.

Placing your number on this national registry will stop most telemarketing calls, but not all of them. Calls from political organizations, charities, and telephone surveyors are still permitted. So are some calls concerning insurance. Organizations with which you already have a relationship can call you for up to 18 months after your last purchase, payment, or delivery. Companies to which you have made an inquiry or submitted an application can call you for up to 3 months. You can stop these calls by asking the company to put your number on its own do not call list.

You can also tell each telemarketer who calls to put you on its own do not call list. Note the name of the person you spoke with, the organization, and the date of the call. The Federal Communications Commission requires telemarketers (except tax-exempt non-profit organizations) to maintain a record of your request not to receive future telephone calls. The record must be maintained for ten years. If you get another call from the same person or organization, report the date and source to the FCC.

Consider screening any calls that are still slipping through by using an answering machine. You can listen to the caller and decide whether you want to pick up. Your local telephone company may also offer services that only allow calls from certain numbers or allow you to see the name and number of the person calling you (Caller ID).

Some states have their own Do Not Call lists for residents. Contact your state consumer protection office to find out if your state has such a list and how you can be added.

Sales Calls

The Federal Trade Commission has a rule that tells telemarketers what they can and cannot do when making a sales call. Callers must:

Provide the seller’s name;
Disclose that the call is a sales call;
Tell you exactly what they’re trying to sell;
Disclose the total cost and other terms of sale before you make any payment for the goods or services; and
Tell you if they don’t allow refunds, exchanges or cancellations. If a prize is involved, the caller must give you the odds of winning a prize, inform you that no purchase is necessary, and tell you how to get instructions for entering without buying anything.
It’s illegal for telemarketers to:

Misrepresent what they’re offering;
Call before 8 a.m. or after 9 p.m.; and
Threaten, intimidate or harass you, or call again if you ask them not to.
This FTC rule still applies when you receive a call from a telemarketer in another state or country. It also applies if you make a call to a company in another state or country in response to a mail solicitation.

The rule generally does not apply when you call to order from a catalog or in response to an ad on television or radio, or in a magazine or newspaper. It also does not apply to solicitations you receive by fax or e-mail. Beware that certain types of businesses—including nonprofit organizations, investment brokers and advisors, banks, and financial institutions—are exempt from the rule.

File complaints concerning this rule with the Federal Trade Commission. To file electronically, choose the “File a Complaint Online” link at www.ftc.gov.

Pre-recorded Messages

The Federal Communications Commission regulates calls using artificial or prerecorded voice messages. They may not be made to residential telephone numbers except in the following cases:

Emergency calls needed to ensure your health and safety;
Non-commercial calls;
Calls which don’t include any unsolicited advertisements;
Calls by, or on behalf of, tax-exempt nonprofit organizations;
Calls you have given prior consent for; or
Calls from entities with which you have an established business relationship.
The beginning of the message must identify who is calling. During or after the message, the caller’s telephone number or address must be given. The phone number cannot be that of the auto dialer or prerecorded message player that placed the call. It also cannot be a 900 number or any other number with charges that exceed local or long distance charges.

The called party’s telephone line must be released within 5 seconds of the time that the calling system receives notification the party has hung up. Your local telephone company can tell you if there is a delay before you can get a dial tone again in your area. Submit suspected violations to the Federal Communication Commission. File a complaint via e-mail (fccinfo@fcc.gov) or at www.fcc.gov/cgb/complaints.html.


[ history ]

Federal Citizen Information Center: Junk Faxes and Spam

Unsolicited advertisements faxed to you without your prior written permission are prohibited by the Federal Communications Commission. If you have received such a fax, file a complaint with the FCC. The agency has an on-line Consumer Complaint Form at www.fcc.gov/cgb/complaints.html.

E-mail spam is not just unwanted-it can be offensive. Pornographic spam provokes many consumer complaints. Decrease the number of spam e-mails you receive by making it difficult for spammers to get and use your e-mail address.
Don't use an obvious-mail-like "JaneDoe@isp.com." Instead use one with numbers or other digits such as Jane4oe6@isp.com
Use one e-mail address for close friends and family and another for everyone else. Free addresses are available from Hotmail and Yahoo! You can also get a disposable forwarding address from www.spammotel.com. If an address attracts too much spam, get rid of it and establish a new one.
Don't post your e-mail address on a public web page. Spammers use software that harvests text addresses. Substitute "janedoe at isp.com" for the "janedoe@isp.com." Or display your address as a graphic image, not text.
Don't enter your address on a web site before you check its privacy policy.
Uncheck any check boxes. These often grant the site or its partners permission to contact you.
Don't click on an e-mail's "unsubscribe" link unless you trust the sender. This action tells the sender you're there.
Never forward chain letters, petitions, or virus warnings. All could be a spammer's trick to collect addresses.
Disable your e-mail "preview pane." This stops spam from reporting to its sender that you've received it.
Choose an Internet Service Provider (ISP) that filters e-mail. If you get lots of spam, your ISP may not be filtering effectively.
Use spam-blocking software. Web browser software often includes free filtering options. You can also purchase special software that will accomplish this task.
Report spam. Notify your ISP so it is aware what kind of spam is slipping through its filters. The Federal Trade Commission (FTC) also wants to know about "unsolicited commercial email." Forward spam to uce@ftc.gov.



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