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View Full Version : Spamming my cellular phone. Isn't this against FCC regs?


n5ipt
08-10-2008, 02:05 PM
First an article was in the paper today:
http://www.sfgate.com/cgi-bin/article.cgi?f=/c/a/2008/08/09/BUL91272QB.DTL&tsp=1

This article goes over people getting calls on their phones about an insurance company "your insurance is about to expire! buy ours!" type of phone spam.

I noticed I've been getting bugged by them for the past several weeks every few hours on my cellular phone. I get called 6 times a day. 3am, 7am, 9am, 2pm, 6pm and 11pm. It's getting to the point I don't even want to answer my phone!

From the article, it seems the FTC has no intent to perform investigations. I get this because they don't want to say if they are, or aren't -- e.g. they aren't.
The Federal Trade Commission, which operates and helps enforce the registry, says it has received complaints about auto warranty pitches, but won't disclose whether it is investigating them.

I also called this number back. It says to be removed from the callings press 1. I press 1 and sometimes I get a busy signal, sometimes I get hung up on, and sometimes someone answers. Once I finally got through, I asked to be removed from the list. The conversation went like:
Me: I'd like to get removed.
Lady: Have you purchased our insurance?
Me: No. I'm happy with my own.
Lady: We will continue to make calls to remind you your insurance is about to expire until you either renew it or come with us.
Me: My insurance was renewed 2 days ago. It's not likely to expire soon.
Lady: Impossible, it is going to expire. You should come with our company.
Me: What's the name of your company?
Lady: I'm not at liberty to disclose that info.
Me: Can I speak to your supervisor?
Lady in a rude tone: SIR, you can either buy our insurance or keep getting calls. It's your choice. You're not going to get any help from us or my supervisor or anyone unless you either renew your insurance or sign with us.

I called 3-4 times and the same script was followed more or less. They:
* Refuse to ID their company.
* Refuse to let you talk to anyone but them.
* Refuse to take you off.
* Refuse to let you out unless you buy their product.

I am part of the Do Not Call registry and have been for more than 3 months on my cellular. I've issued several complaints to the FCC and FTC. No inquiry from them for more information -- as far as I know they've got none of my complaints. I've make a complaint about 3 times with the FCC and twice with the FTC.

I have found sites where hundreds of others on another forum say they've contacted the FCC and FTC and they get held ransom with the same script when calling this company probing for information. One person posted on those forums saying he just decided to get their insurance. They debited him for $12,000 and did not render him any type of service. He's still trying to deal with police to get his money back with little luck.

Here's the kicker. Is it not illegal to solicit advertisements over cellular phone, since it goes over the airwaves anyway? Does the FCC not prohibit cellular advertisements over voice? I thought they did, unless someone lobbied them to get rid of this rule.

The other kicker: Only personal friends, family, and my employer have this number. This means ATT is the one who sold this list more than likely. I don't write it on any form, website, or other area where it can be "sold".

W7WV
08-10-2008, 02:09 PM
I understand that it is illegal to solicit cell phones.
However, why don't you just list the number with the Do Not Call List?
After a short period of time if they continue calling you tell them they are calling a cell and report them with a formal complaint at the Do Not Call site.
If you don't follow up and file a report these people will just keep on calling.

KD8JFO
08-10-2008, 02:14 PM
You do know you have full right to sue them?

ka5s
08-10-2008, 02:28 PM
Wait 'til they send you text messages (NOT illegal); you pay for those!


Cortland
KA5S

ab8ro
08-10-2008, 02:37 PM
Why are you answering the phone? Well, if you're going to do that, you might find that it's very helpful to waste as much of their time as possible by asking question after question after question after question after question. Never give ANY personal information or billing information of ANY sort. Don't let them put you on hold, if they do, just hang up. When they call back, ask more and more and more and more and more questions. Halfway through the question ask, "are you still there", then forget where you were and start over. They're salesman, they can't stand to waste time, if they think that you aren't going to buy they'll eventually stop calling. If they think that you will buy they'll keep calling forever.

Back in the land line days this was fun, now it costs you by the minute., so again, why are you answering the calls?

I don't have a cell currently, can't stand em, but when I did, I set it up so that it only rang if you were in the phone, everyone else got voicemail.

n5ipt
08-10-2008, 02:51 PM
It just makes me wonder.

Text message spamming and cold-call spamming should be illegal by the FCC if they are not already.

If they are NOT illegal, it makes me wonder if someone is tipping the coffers of congress or the leaders of the FCC.

If they ARE illegal, it makes me wonder who is tipping the coffers so they can go under the radar and continue to abuse the airwaves and wireless services of consumers.

I thought the FCC was put in place to regulate the use (and abuse) of the airwaves. If commercial radio services are being abused then they need to be dealt with swiftly. It's when it begins costing people money that things need to be dealt with in a strong and fast manner.

I don't see spamming cellular services, amateur radio, or the local police dispatch frequencies have much difference. It's spam over the air. It needs to be stopped.

After research this organization has been doing this for the past several years. The lack of FCC and FTC action are very concerning. It makes me wonder what my taxes are good for, and question why I continue to pay them.

n9yb
08-10-2008, 03:38 PM
Is your cell phone registered at:

https://www.donotcall.gov/

??

If not, add the number as well. Then you can initiate a proper complaint if the unwanted calls continue.

KE5VMJ
08-10-2008, 03:41 PM
I registered for that Do Not Call list thing... but.. They keep calling!! Same crap trying to sell me something. Sometimes they call 3 or so times in a matter of an hour. Ticks me off...

WF7A
08-10-2008, 03:53 PM
Wait 'til they send you text messages (NOT illegal); you pay for those!

Cortland
KA5S

I have the pay-as-you-go T-Mobile service on my cell and occasionally receive text messages from people I don't know and I'm dinged five cents for each one...the real kicker being that I'm not signed up for text messaging service in the first place. :S

k9roo
08-10-2008, 05:46 PM
I registered for that Do Not Call list thing... but.. They keep calling!! Same crap trying to sell me something. Sometimes they call 3 or so times in a matter of an hour. Ticks me off...

What i'd do is give them a virtual CC card number which was closed. ;)

I've had indian spammers actually harass some of my clients... :D they go away and stop after I speak with them, I can't tell you what I say.

N4PRT
08-10-2008, 06:19 PM
What i'd do is give them a virtual CC card number which was closed. ;)

I've had indian spammers actually harass some of my clients... :D they go away and stop after I speak with them, I can't tell you what I say.


Oh, come on and tell us. Do you tell them that you think that you are a kangaroo and will hop over to where they are in a giant kangaroo suit and scritch them?

Here is a sure way to stop cell phone nuisances. Get rid of the cell phone.

k9roo
08-10-2008, 06:40 PM
Personally, only use my cellphone, my phone line I never use. In fact my home phone doesn't have a phone hooked to it, I only use it for DSL. I get annoyed at the automated dialers which tell me which candidate I should pick at election time.

I can't tell you what I say, its really terrible. ;)

Oh, come on and tell us. Do you tell them that you think that you are a kangaroo and will hop over to where they are in a giant kangaroo suit and scritch them?

Here is a sure way to stop cell phone nuisances. Get rid of the cell phone.

N6KIA
08-10-2008, 08:58 PM
I used to get calls from a firm telling me they would give me the top three picks in various sporting events, guaranteeing me a winner if I so choose to wager on them. They even gave a return call phone number, which was the same as the number showing up on the initial call. I tried to call them just to say stop calling me and wasting my minutes, but every time I called (about 6 or 7) a recording answered with the same message as the original call. Eventually the calls stopped.

73 de N6KIA
Ed

W5HTW
08-11-2008, 02:04 AM
My advice? The instant you know the call is from these folks, hang up. They will get tired of it, as the sales person will realize no money is being made here. I began doing this with my land line home phone, when I was getting 8 to 10 calls a day from telemarketers. I just quit answering the phone, let the machine get it. Now I get about a call every two or three days!! All the folks who may would need me, call me on my cell phone. My landline phone rang once yesterday, and not at all on Friday. I trained 'em!!

Just quit answering. It may take two weeks, but they'll taper off and eventually will quit. They really do learn it is useless.

But it qualifies as extortion. Which is why they won't tell you who they are. You could sue them. If you have their number for call back, call it a few dozen times a day and tell them you want to speak with a sales rep. When you get one on the line, start a general conversation about the weather, the kids, where he or she might go on vacation. Waste their time. They can't stand it. Put them on hold, lay the cell down and go eat lunch. Or punch in call forwarding to the local police or the FBI.

Find ways to harass them, without breaking the law. What this outfit is doing to you is outright extortion, and if you can get a name, turn them in to the FBI, and I'm serious. It is also stalking, and under local laws, it is harrassment. All you have to do is find them. If they have a call back number, visit your FBI and file a formal complaint.

If you can, record the conversation. You do not have to tell them it is being recorded. Under federal law, only one party in a phone conversation has to be aware the conversation is being recorded, and that party is you. You are not required to inform the other party, nor are you required to produce a "beep" or any other clue that is it being recorded.

All kinds of things you can do. You can even formally notify your cellular company, provide them with the call back number, and details of the calls, and let them handle it.

Stay legal, but do something. Lots of options.

Good luck

WC5P
08-11-2008, 02:31 AM
Do a lookup on the offending phone number. Find out who their phone provider is. Give them a few calls.

(Usually works, but not always. Sometimes the slimeballs are using a hijacked phone number).

Also, try Googling the phone number. Sometimes that leads to an actual name, phone number, and extension number at the phone company.

I bet it traces back to either Las Vegas or Los Angeles. If it is car warranty crap, it usually leads to the St. Louis area.

K7RQ
08-11-2008, 03:47 AM
Or you could get one of those super loud horns that runs on a can of compresed air and blow it into the phone.

N0ZWG
08-11-2008, 09:40 AM
Or you could get one of those super loud horns that runs on a can of compresed air and blow it into the phone.Hey!! I just bought one of these for my boat!!! Hmm...:D

W7WV
08-11-2008, 01:41 PM
If I get a call I don't want this is what I say~

"Congratulations, you are a winner!. You have just called a number that is listed on the Do Not Call List and you will be reported. You are hereby cautioned that repeat violations will result in increased fines."

And then I hang up and report the call.

For the ones that have recordings I have found that they will keep calling until they get an answer so I make sure I make contact with them.
And if the caller ID does not show I make sure I get a company name and contact number so I can call them back later with my decision on thier offer.
Note that it's also against the law for a telemarketer to have the caller ID blocked.

Needless to say I have very few telemarketers call here and almost none are stupid enough to make a second call after talking to me.

W4INF
08-13-2008, 12:34 PM
Only my family has my cell number, that is wife and kids. No one else. Ive never yet had a problem with random/wrong/spam calls.

For home, I have a broadband service with a lot of features. Since its not TelCo, Im not listed in the phone book.

My number leaked to 1 or 2 marketers somehow, I told them to stop calling, but continued. So, I have them bounced to another telemarketer. That is, in my incoming call filter, if they call, they get automatically forwarded to the OTHER spammer and my phone NEVER rings. :eek: My phone number never comes up, on the receiver's caller ID, the number of the originating caller is what appears. :cool:

As of today, Ive enjoyed no more spam calls.

Andrew