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DebG
Pick a cause & stand up for it
Member since 5/05 18602 total posts
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The cure IS worse!
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Is the state above the law?
If you are on the neational due not call list, is the state somehow above the law and can call you looking for money anyway?
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Posted 12/21/05 9:15 AM  |
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CookiePuss
Cake from Outer Space!
Member since 5/05 14021 total posts
Name:
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Re: Is the state above the law?
Certain organizations are exempt from the "Do Not Call" requirements...such as charities, political parties, and others I'm not real sure of.
Message edited 12/21/2005 9:17:08 AM.
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| Posted 12/21/05 9:16 AM |
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DebG
Pick a cause & stand up for it
Member since 5/05 18602 total posts
Name:
The cure IS worse!
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Re: Is the state above the law?
Posted by shamrock12472
Certain organizations are exempt from the "Do Not Call" requirements...such as charities, political parties, and others I'm not real sure of.
really.
I need to do some research then and find out who. The other part of the call that bothered me is that they told me "this call is being recorded for your protection" then proceeded to ask for money.
Why do I need to be recorded when all they are asking for is money?
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| Posted 12/21/05 9:19 AM |
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Re: Is the state above the law?
Posted by DebG
really.
I need to do some research then and find out who. The other part of the call that bothered me is that they told me "this call is being recorded for your protection" then proceeded to ask for money.
Why do I need to be recorded when all they are asking for is money?
That is weird.
The only charities that ever call me are the police/fire organizations. I wish there was a do not call list for them.
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| Posted 12/21/05 9:28 AM |
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LAMGAJ28
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Member since 10/05 6039 total posts
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Re: Is the state above the law?
Posted by MrsProfessor
Posted by DebG
really.
I need to do some research then and find out who. The other part of the call that bothered me is that they told me "this call is being recorded for your protection" then proceeded to ask for money.
Why do I need to be recorded when all they are asking for is money?
That is weird.
The only charities that ever call me are the police/fire organizations. I wish there was a do not call list for them.
I hope when those police/fire charities call that you do not give them money. Those are a scam as well. PBA does not endorse or have people calling to request for $$$$$.
If they call you again, ask them to give you their address and all the information about them so that you can send the $$$ and how you'd like to copy the PBA on it and see how fast they end their call......
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| Posted 12/21/05 9:35 AM |
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LAMGAJ28
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Member since 10/05 6039 total posts
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Re: Is the state above the law?
Deb,
This may answer your questions.....
29. If I register my number on the National Do Not Call Registry, will it stop all telemarketing calls?
No. Placing your number on the National Do Not Call Registry will stop most telemarketing calls, but not all. Because of limitations in the jurisdiction of the FTC and FCC, calls from or on behalf of political organizations, charities, and telephone surveyors would still be permitted, as would calls from companies with which you have an existing business relationship, or those to whom you’ve provided express agreement in writing to receive their calls.
30. Are calls from political organizations or calls soliciting for charities covered?
Political solicitations are not covered by the TSR at all, since they are not included in its definition of “telemarketing.” Charities are not covered by the requirements of the national registry. However, if a third-party telemarketer is calling on behalf of a charity, a consumer may ask not to receive any more calls from, or on behalf of, that specific charity. If a third-party telemarketer calls again on behalf of that charity, the telemarketer may be subject to a fine of up to $11,000.
31. What about telephone surveys?
If the call is really for the sole purpose of conducting a survey, it is not covered. Only telemarketing calls are covered — that is, calls that solicit sales of goods or services. Callers purporting to take a survey, but also offering to sell goods or services, must comply with the National Do Not Call Registry.
32. My number is on the National Do Not Call Registry. After I bought something from a company, a telemarketer representing that organization called me. Is this a violation?
No. By purchasing something from the company, you established a business relationship with the company. As a result, even if you put your number on the National Do Not Call Registry, that company may call you for up to 18 months after your last purchase or delivery from it, or your last payment to it, unless you ask the company not to call again. In that case, the company must honor your request not to call. If they subsequently call you again, they may be subject to a fine of up to $11,000.
An established business relationship with a company also will be created if you make an inquiry to the company, or submit an application to it. This kind of established business relationship exists for three months after the inquiry or application. During this time, the company can call you.
If you make a specific request to that company not to call you, however, then the company may not call you, even if you have an established business relationship with that company.
33. Are telemarketing calls from overseas covered?
Yes. Any telemarketers calling U.S. consumers are covered, regardless of where they are calling from. If a company within the U.S. solicits sales through an overseas professional telemarketer, that U.S. company may be liable for any violations by the telemarketer. The FTC can initiate enforcement actions against such companies.
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| Posted 12/21/05 9:41 AM |
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DebG
Pick a cause & stand up for it
Member since 5/05 18602 total posts
Name:
The cure IS worse!
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Re: Is the state above the law?
Posted by MrsFresca
Deb,
This may answer your questions.....
29. If I register my number on the National Do Not Call Registry, will it stop all telemarketing calls?
No. Placing your number on the National Do Not Call Registry will stop most telemarketing calls, but not all. Because of limitations in the jurisdiction of the FTC and FCC, calls from or on behalf of political organizations, charities, and telephone surveyors would still be permitted, as would calls from companies with which you have an existing business relationship, or those to whom you’ve provided express agreement in writing to receive their calls.
30. Are calls from political organizations or calls soliciting for charities covered?
Political solicitations are not covered by the TSR at all, since they are not included in its definition of “telemarketing.” Charities are not covered by the requirements of the national registry. However, if a third-party telemarketer is calling on behalf of a charity, a consumer may ask not to receive any more calls from, or on behalf of, that specific charity. If a third-party telemarketer calls again on behalf of that charity, the telemarketer may be subject to a fine of up to $11,000.
31. What about telephone surveys?
If the call is really for the sole purpose of conducting a survey, it is not covered. Only telemarketing calls are covered — that is, calls that solicit sales of goods or services. Callers purporting to take a survey, but also offering to sell goods or services, must comply with the National Do Not Call Registry.
32. My number is on the National Do Not Call Registry. After I bought something from a company, a telemarketer representing that organization called me. Is this a violation?
No. By purchasing something from the company, you established a business relationship with the company. As a result, even if you put your number on the National Do Not Call Registry, that company may call you for up to 18 months after your last purchase or delivery from it, or your last payment to it, unless you ask the company not to call again. In that case, the company must honor your request not to call. If they subsequently call you again, they may be subject to a fine of up to $11,000.
An established business relationship with a company also will be created if you make an inquiry to the company, or submit an application to it. This kind of established business relationship exists for three months after the inquiry or application. During this time, the company can call you.
If you make a specific request to that company not to call you, however, then the company may not call you, even if you have an established business relationship with that company.
33. Are telemarketing calls from overseas covered?
Yes. Any telemarketers calling U.S. consumers are covered, regardless of where they are calling from. If a company within the U.S. solicits sales through an overseas professional telemarketer, that U.S. company may be liable for any violations by the telemarketer. The FTC can initiate enforcement actions against such companies.
I read that too...which just gave me more questions...Why are the state troopers looking for donations from me and where do said donations go? PLUS it's the state asking you for money...how can the state be considered a non for profit orgnization or a charity?
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| Posted 12/21/05 10:04 AM |
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Re: Is the state above the law?
Posted by MrsFresca
I hope when those police/fire charities call that you do not give them money. Those are a scam as well. PBA does not endorse or have people calling to request for $$$$$.
If they call you again, ask them to give you their address and all the information about them so that you can send the $$$ and how you'd like to copy the PBA on it and see how fast they end their call......
Thanks for the info- when I moved to my new house they tracked me down less than a week after I got the phone connected.  I gave a small amount, like $15 because I was totally new to the community and thought it would be a good gesture. Now that same group and others call at least once a week. 
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| Posted 12/21/05 10:07 AM |
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CathyB
Member since 5/05 19403 total posts
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Re: Is the state above the law?
They call all the time. Over the summer one called and was trying to get me to donate and I said that I only support the NYPD PBA. They asked why and I said "My brother's on the job." The guy goes "Oh sh!t!" and hung up.
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| Posted 12/21/05 11:06 AM |
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Re: Is the state above the law?
Posted by sarahsmommy
They call all the time. Over the summer one called and was trying to get me to donate and I said that I only support the NYPD PBA. They asked why and I said "My brother's on the job." The guy goes "Oh sh!t!" and hung up.
 
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| Posted 12/21/05 11:17 AM |
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nrthshgrl
It goes fast. Pay attention.
Member since 7/05 57538 total posts
Name:
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Re: Is the state above the law?
If you don't want to donate and don't want them calling, you need to tell them to take you off of their list. If they persist, then it can be considered harassment.
You just need to be clear. I start every solicitation call with "Thank you but I'm not interested. Please take me off of your list". If they say things like " You don't support your local police department." I say "I support them fully. I have other charities that I support. Thank you very much. Please take me off of your list."
Message edited 12/21/2005 11:20:38 AM.
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| Posted 12/21/05 11:20 AM |
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CathyB
Member since 5/05 19403 total posts
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Re: Is the state above the law?
Posted by nrthshgrl
If you don't want to donate and don't want them calling, you need to tell them to take you off of their list. If they persist, then it can be considered harassment.
You just need to be clear. I start every solicitation call with "Thank you but I'm not interested. Please take me off of your list". If they say things like " You don't support your local police department." I say "I support them fully. I have other charities that I support. Thank you very much. Please take me off of your list."
Believe me, I've tried that. I used to work in fundraising so I even tell them that it's illegal for them to call me, I've asked for their address for me to verify their non profit status with the state attorney general. they just hang up and call back with a new name of the "charity" to make you think it's another group. My plan is the next time they call, just let them send me a donation card and forward it to Elliot Spitzer's office and let him deal with them.
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| Posted 12/21/05 11:38 AM |
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Re: Is the state above the law?
Just to let everyone know, the NYS Police will never call you for donations. They do not call people for money. The only way to support the NYS Troopers is through the NYS Trooper Foundation and they will never call you. If anyone ever receives a call for donaions from the NY State Police, it is a scam, just hang up on them.
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| Posted 1/4/06 8:41 AM |
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