Casual Observer wrote: Tue Nov 16, 2021 12:29 pm
odyssia76 wrote: Tue Nov 16, 2021 2:19 am
Ethical ways would be things like advertising and opt-in stuff.
No, they don't have to opt in for me to call them. That's for marketing losers.
1. Wrong. 2. Untrue. If someone is on the do not call list, you
cannot call them unless you have a prior business relationship. It does not matter whether the call was placed by an individual or a machine. You're supposed to subscribe to, and use, the do not call databases. You get the first 5 area codes free, then after that you have to purchase a subscription. See
https://www.ftc.gov/tips-advice/busines ... isions-tsr
Casual Observer wrote: Tue Nov 16, 2021 12:29 pm
odyssia76 wrote: Tue Nov 16, 2021 2:19 am
Do you run the numbers through the national "do not call" registry?
Absolutely not. I'm not selling car extended warrantees here, I'm calling titles and roles, not people so "do not call" does not apply.
Actually, "do not call" only applies to using an autodialer to call someone's cell phone
Wrong, it applies to
all telemarketing calls with limited exceptions not applicable here.
Casual Observer wrote: Tue Nov 16, 2021 12:29 pm, which is supposedly prohibited but companies do it all the time still. If I'm dialing manually, I can call anyone's cell phone I want anytime I want as often as I want and they can't do shit about it.
Wrong and wrong. First, the "big boys" who pull this shit are doing land office business calling volumes and a $1,000,000 fine or even larger is just the cost of doing business. And repeatedly calling someone is the classic definition of harassment, which can get your phone service terminated (no big deal, open a new account) and jail time (not a good idea.)
If you took 30 seconds to look up "what is the do not call law" it would have shown links for both the FCC and the FTC. And the instructions are very clear.
Federal Trade Commission wrote:The Registry only contains phone numbers, no other personally identifiable information, and we do not keep a record of whether the numbers are land line or cell phones.
There are some exemptions to the Do Not Call rules. Because of the limits to FTCâs authority, the Registry does not apply to political calls or calls from non-profits and charities (but the Registry does cover telemarketers calling on behalf of charities). Also, calls from legitimate âsurveyâ organizations are not covered because they are not offering to sell anything to consumers. Finally, calls are permitted from companies with which you have done or sought to do business.
While they are probably mostly going after egregious violators, all it takes is to piss off the wrong person who wants payback. If you get caught, fines can be up to $40,000 per call. (Whether that violates the 8th Amendment is an issue I won't bother with right now.) Plus the persons you called can sue you in small claims court. "Consumers who have been subjected to TCPA violations may be able to sue for between $500 to $1,500 per violation, according to NBC News."
Sources:
https://www.ftc.gov/news-events/media-r ... nforcement
https://topclassactions.com/lawsuit-set ... iolations/
You may think you can get away with it, and that might be true, for a while. But all it takes is one mistake, and you're in trouble. Now comes telephone harassment, which is a state matter. I'll pick a few.
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Under Oklahoma statute § 21-1172, it is unlawful to make obscene or lewd comments or requests or to otherwise harass a person using any means of telephonic or electronic communication. This includes any communication that is intended to intimidate or threaten someone
First offense is a misdemeanor, second is a felony
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2005 Arizona Revised Statutes - Revised Statutes §13-2916 Use of telephone to terrify, intimidate, threaten, harass, annoy or offend; classification
A. It is unlawful for any person, with intent to terrify, intimidate, threaten, harass, annoy or offend, to use a telephone and use any obscene, lewd or profane language or suggest any lewd or lascivious act, or threaten to inflict physical harm to the person or property of any person. It is also unlawful to otherwise disturb by repeated anonymous telephone calls the peace, quiet or right of privacy of any person at the place where the telephone call or calls were received.
B. Any offense committed by use of a telephone as set forth in this section is deemed to have been committed at either the place where the telephone call or calls originated or at the place where the telephone call or calls were received.
C. Any person who violates this section is guilty of a class 1 misdemeanor.
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Florida Title XXVII RAILROADS AND OTHER REGULATED UTILITIES
365.16âObscene or harassing telephone calls.â
(1)âWhoever:
(b)âMakes a telephone call, whether or not conversation ensues, without disclosing his or her identity and with intent to annoy, abuse, threaten, or harass any person at the called number;
(2)âWhoever knowingly permits any telephone under his or her control to be used for any purpose prohibited by this section is guilty of a misdemeanor of the second degree, punishable as provided in s. 775.082 or s. 775.083. (This means it's a max. of only 60 days and/or a $500 fine. For each call.)
- -- -- -
Typically, a "Class 1 Misdemeanor" means the maximum fine that isn't a felony, anywhere from $1,500 to $10,000, depending on the state, plus a maximum of 1 year in jail.
Most of these are similar, meaning you can be prosecuted
both by the state where the call is answered
and where it is made. It's up to you whether you think you can get away with it, please stop saying, or thinking, that it's legal, or there are no consequences.
. Your explanation is correct but unnecessary, it just took you 3 paragraphs to repeat what I had said. It's a tad condescending. Though I guess it could have been informative to others.
