I'm no fan of telemarketing, but this seems like a
manual on blackmailing techniques.  Not to mention the
whole taking advantage of the predisposition of our
society toward litigation.

I'm currently on my 'anti-litigation' push, having
just commenced the joyful experience of my first round
of expert witness work actually reaching court. Talk
about a waste of time and money. Of course, the
challenge is to put my money where my mouth is and
refuse to do the work!

But then, I'll insist on believing that if I get
involved early enough, perhaps I can prevent matters
from going to court?

Cheers

david

PS  University of Sydney is a fine institution, but
don't think a son of New York would cope too well in
the residential colleges!

 --- Met History <[log in to unmask]> wrote:
> Telephone Consumer Protection Act
>
> The 1991 federal Telephone Consumer Protection Act
> ("TCPA") places numerous
> requirements and restrictions on telemarketers.
> Under the TCPA, consumers can
> combat unwanted phone solicitations and even recover
> money for illegal
> telemarketing practices.   The following
> anti-telemarketing guide was
> compiled by Diana Mey, who has scored numerous
> consumer victories (including
> a recent $10,000 settlement from Discover Card)
> based on violations of the
> TCPA.
>
> Anti-Telemarketing Guide:
>
> 1. Know the Rules.
>
> The TCPA regulates commercial solicitation calls to
> residences and has forth
> a list of regulations telemarketers must follow. It
> is important to note that
> the TCPA does not regulate calls made on behalf of a
> nonprofit organization.
> According to the basic rules of the TCPA, every
> commercial telemarketer must:
>
> Limit calls to the period between 8AM and 9PM in
> your time zone.
>
> Tell you their name and the name, address and phone
> number of the company on
> whose behalf the call is made.
>
> Maintain a detailed Do-Not-Call List and honor (for
> ten years) any request to
> not be called again.
>
> Keep your name on the Do-Not-Call List for at least
> 10 years.
>
> Each violation (there can be several in one phone
> call) can result in a civil
> penalty of $500 payable to you. If a call is made to
> intentionally harass,
> the penalty can be tripled.
>
> 2. Take Notes and Use a Script
>
> When dealing with telemarketers, it is important
> that you ask the right
> questions. So use a script  and keep a journal handy
> to record the details of
> every telemarketing call you receive.  Here's the
> script Junkbusters, a
> consumer advocacy group, recommends for the serious
> anti-telemarketer:
>
> Are you calling to sell something?
>
> What is your phone number, including area code?
>
> What is the name of the company or organization you
> are calling for?
>
> Does that company maintain a Do-Not-Call List?
>
> Please put my number on that list. Can you take care
> of that right now?
>
> Does the company you work for also make
> telemarketing calls for other
> organizations?
>
> If yes, please make sure your company won't call me
> for any other
> organization. Will you do this?
>
> If you just want junk calls to cease, finish at this
> point and close with: Do
> you  understand that I never want telemarketing
> calls again from anyone? Say
> good-bye. If on the other hand you believe the TCPA
> has already been violated
> in this call and you might recover some money...
>
> 3. Get the Facts
>
> If you believe the TCPA has already been violated in
> this call and you might
> recover some money, go on:
>
> Will your company keep me on its Do-Not-Call List
> for at least 10 years?
>
> Does your company have a written policy that states
> that directive?
>
> Can you send me a copy of it?
>
> What is your supervisor's first and last name?
>
> What is your employer's business name, address and
> main telephone number?
>
> Before hanging up check to make sure you have all
> the answers written down
> correctly. Now say good-bye. Record the date and
> time of the call and ask
> yourself one last question. Was the call made
> between 8 a.m. and 9 p.m. in
> your local time? If the answer to any of these
> questions is "No," or if you
> do not receive an answer at all, this company has
> violated the TCPA.
>
> 4. Your Options
>
> Without filing suit or contacting the company
> directly, you can cause grief
> to telemarketers who call you illegally when you
> report violations to the
> Federal Communications Commission online. You can
> also tell the Federal Trade
> Commission, which levies fines of up to $10,000 for
> telemarketing offenses.
>
> You can request your Attorney General to file a suit
> against the
> telemarketer. If the Attorney General receives
> several complaints against the
> same telemarketer, it may take action against it.
> You should be able to find
> telephone numbers for these offices from the
> government section of your
> telephone directory or from directory assistance
> (many AG's are now online).
>
> You can recover money for illegal telemarketing
> practices. The first step is
> to
> write a formal "demand" letter to the president of
> the company, stating that
> this letter is a formal claim for money (state the
> amount you're claiming)
> for violations of the
> Telephone Consumer Protection Act of 1991.
>
> 5. Recovering Damages
>
> In your letter to the company set forth the details
> of the calls, including
> dates, times, the names of the persons who called,
> names of any supervisors
> you spoke to, the date you requested to be put on
> the Do-Not-Call List, and
> anything else you feel is pertinent.
>
> State how you arrived at the amount you're claiming
> -- remember, the law says
> $500 for each violation. If you're willing to settle
> for a reduced amount (an
> "offer-in-compromise"), state that you're willing to
> negotiate. Give them a
> reasonable amount of time to fork over the money
> (like three weeks).
>
> Tell them if you haven't received the money by the
> deadline, you will seek
> redress in court. Send the letter certified mail,
> return receipt requested.
>
> In your letter, be sure to ask for a copy of the
> company's written
> Do-Not-Call policy. Failure to provide it can
> increase your claim by another
> $500.
>
> Keep in mind chances are that you won't be able to
> recover anything if the
> only violation is the telemarketer's failure to
> provide an address or phone
> number. Wait for the second call before asking for
> payment, and consider
> settling for a reduced amount. You may get less
> money than you're entitled
> to, but avoid actually having to sue.
>
> Usually when there is a violation, the company knows
> it's in the wrong and is
> pretty sure it will lose in court. They want to
> avoid the legal costs and
> time involved, but mainly they want to avoid adverse
> publicity. So they're
>
=== message truncated ===

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