'Do not call' Participants Screwed

[-sudz-]

It looks like an Oklahoma judge has ruled that the FTC doesn't have the authority to establish and enforce a national Do Not Call list.  Telemarketers have won the day.

http://money.cnn.com/2003/09/24/technology/ftc_donotcall/index.htm?cnn=yes

I really don't understand this - it may not be within the FTC's power, but since we own the phone and pay for the service, don't telemarkers fall under the same guidelines as trespassers?  

It's illegal for anyone to abuse your property whether it's your car, bicycle, or land.   They used to call people who messed with your stuff vandals.  The phone and the service is mine so why can strangers abuse my property?

- sudz

[Sandman]

I wonder if the court would prefer a class action harassment suit.

[Eagler]

50 million ppl overrule a backwards judge I hope..

[Westy]

This is a pathetic "win" for special interests. It's a slap in the face to the 50million people who signed up for it.
 While the FCC may have "technically"  overstepped thier powers I seem to have always thought that the government was "By the people. For the people." It would appear to me that the FCC was only doing what was necessary to satisfy the overwhelming wish of the American public not to be harrased with sales calls and hawking of bull****e.

[popeye]

Anyone know the judge's phone number?  

[muckmaw]

Originally posted by -sudz-
It looks like an Oklahoma judge has ruled that the FTC doesn't have the authority to establish and enforce a national Do Not Call list.  Telemarketers have won the day.

http://money.cnn.com/2003/09/24/technology/ftc_donotcall/index.htm?cnn=yes

I really don't understand this - it may not be within the FTC's power, but since we own the phone and pay for the service, don't telemarkers fall under the same guidelines as trespassers?  

It's illegal for anyone to abuse your property whether it's your car, bicycle, or land.   They used to call people who messed with your stuff vandals.  The phone and the service is mine so why can strangers abuse my property?

- sudz

Can we get rid of Spam on this premise?

Coming from a guy who used to cold call..very gently, BTW.

My business has some real A-holes in it. The type who don't take no for an answer. This is how alot of cold callers were trained. Sad, but they were the most successful. I was never like that. From a guy who built his business through cold calling...the DNC list is a GREAT idea. Kill Telemarketing, and Kill spam.There are other ways to bring in customers.

[Sikboy]

now we just have to pray to God that JetBlue doesn't get a hold of that list!

-Sik

[miko2d]

-sudz-: but since we own the phone and pay for the service, don't telemarkers fall under the same guidelines as trespassers?

 Your phone is like your door.  Basically, anyone can knock on your front door (yard gate) while still standing on the public street. You do not have to answer or let them in but legally they are not trespassing.

 miko

[Eagler]

and email spam?

heard the hero of CA mr davis is passing some law to outlaw it in CA

how, is beyond me...

[mietla]

So what is a legal ramification of the "No Solicitation" sign. Any?


Also, I've always though the my driveway is not a public street. In order to get to my door, they have to walk my driveway and then a walkway to my door.

Is the gate/door what makes a boundary of your property? that would be weird. For example if you do not have a side gate, people would be allowed to walk into your backyard.

What if the side gate is there but it is wide open? Does this contitute a permission to enter? I doubt it.

[miko2d]

mietla: So what is a legal ramification of the "No Solicitation" sign. Any?

 As a private owner of the premices, you are supposedely* free to set rules of behavior in your property. You can still* forbid soliciting or enforce dress code in your house, restaurant or shop. (* You are not allowed to discriminate by ethnicity, etc., or allow smoking in NYC.)
 So anyone solicitin in violation of the sign can be charged with trespassing.

Is the gate/door what makes a boundary of your property? that would be weird.

 That may depend on your local jurisdiction. Entering your driveway may not be considered trespassing but "No Solicitation" sign at the entrance or on the door may still apply here.

 miko

[mietla]

So the "Do Not Call" list is a functional equivalent of "No Solicitation" sign.

They have to be treated the same way then, with the exception that you have to be in CA (and thus in my local jurisdiction) to knock on my door, but you can know on my eDoor from other jurisdictions.

[-sudz-]

I suppose you're right, miko, but there's got to be something in the current law (we've got libraries of laws) that makes this kind on unsolicited intrusion illegal.

How about this for any inventors out there:  Create a machine, like an answering machine, with a built in menu system.  When your phone rings it says "This phone is free for use by friends, family, or any other authorized callers.  All others will be billed at the rate of $150/hour.  Press the star key to continue."

If they don't press the '*' key they are automatically disconnected.  Of course, if you press the '*' at the beginning it will put you through so that your friends don't get irritated at you.

But, even if you don't know the telemarketer or the company he works for, doesn't the fact that he pressed the '*' and accepted the charge give lawyers the right to get a hold of the phone company's records so you can find out?  persuant to a legal claim or bill dodging or something?

- sudz

[Barney Fife]

Originally posted by popeye
Anyone know the judge's phone number?  

If you find out, please let us all know won't you?  

I'm sure he'd just love to hear about my special pills for penal enlargement...

[Trell]

I for one think the do not call list is bad.

It is and will be hurting thousands of small companys and mom and pop stores.
this will mean that the local places that cant afford to do advertising will be pushed out of buesness.
and or will have to resort to door to door sales.

what would you rather have a couple phone calls a day or a few door to door sales men a day?

I dont know about the rest of you but the only telemarketers that are bothersome are the credit cards, nonprofit and phone companys.
guess what
THEY STILL GET TO CALL!.

This is just another thing to screw the little guy with.
and a way to send more things over seas or to cananda.

telemarketing is a large buesness. in this country.  thousands of people work in these call centers.

I love how all these people that complain about tech and car plants going overseas, like putting thousands more people out of
work