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Taking Action Against Telemarketers Who Won't Take No For An Answer

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Do not call lists. To prevent a telemarketer from calling you again, tell the caller to place you on the company's "do not call" list. Federal law requires telemarketing companies to maintain "do not call" lists. This law, however, does not apply to non-profit organizations.
 
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Kill two birds with one stone. When you ask to be placed on a do not call lists, remember to ask the caller if his/her employer conducts telemarketing for other companies. If you want to be placed on their "do not call" lists, say so. Also, if you have multiple phone lines, request that your other numbers be included on the "do not call" lists.
 
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Keep track. Have a notepad by the phone so when you ask to be on a "do not call" list, you can write down the date, the company's name, phone number, and address. You should also ask for the name of the caller and the name of his/her supervisor. Telemarketers are required by law to give this information upon request. If a company calls again after you have asked it not to, note the company name and date.
 
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Follow up. After you have asked to be put on a "do not call" list, you may want to write a letter repeating your request. Keep a copy for your records. This provides further proof of your request.
 
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Rights to sue. If a telemarketing company calls you after you have requested to be placed on its "do not call list," you can sue in small claims court under the federal Telephone Consumer Protection Act, Public Law 102-243, for your actual monetary damages or $500 per violation (whichever is greater). Furthermore, your state may give you additional rights against telemarketers.
 
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Taking action. To file a suit, look in the state government section of your phone book for the closest small claims court. It is not expensive, it's designed to be done without a lawyer, and you can usually get your court costs included if you win. You may also wish to file a complaint with the Federal Communications Commission, the Federal Trade Commission, or your state attorney general's office.
 
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Settling. Once you have filed a suit, the company may approach you about settling the case. Feel free to negotiate a settlement. Often, a company would rather pay you than go through the trouble and cost of defending itself in court. Hitting a company in the pocketbook is the best way to stop unwanted calls.

If you need advice about a telephone solicitation or you want to report a possible scam, call the NFIC hotline at 1-800-876-7060. You can also ask questions or report fraud using our online forms.


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