Telemarketing to Cell Phones

What is the name of your state? Texas

I know all about the Do Not Call List, however I thought there were regulations put into effect to stop telemarketing companies from calling cell phones via automated dialers.

well the other day, I received an automated message from a telemarketer which left a name and telephone number of the telemarketer and the scam company which hired them to call.

As a citizen, I do not feel that I should have to sign up for a list when laws are in place to stop this from happening. I feel they have invaded a service which I pay for and stole my money and time and I would like to take them to court representing myself. Is there somewhere I can be pointed in regards to FCC regulation and what forms, court to proceed with this?

Cell phone numbers will not be released to telemarketers in the near future (despite emails being sent saying the contrary), and it is not necessary to register cell phone numbers on the Do Not Call Registry, however it is not illegal for live telemarketers to contact you on your cell phone, unless you register your number. Also, because landline numbers can be "transferred" to cell phones, you may get unwanted telemarketer calls unless your number is registered.

What is prohibited is the use of automated dialers by telemarketers. If you receive such a call, with a prerecorded message, you can get reimbursed by your carrier for the minutes lost. Both Verizon and Cingular (AT&T), by the way, have taken legal action against telemarketing companies in the past, for the illegal solicitation of cell phone users, in an effort to protect the privacy of their subscribers.

To take action against a telemarketer, you can go to www.ftc.gov and www.fcc.gov and file a complaint or you can go to [email protected]. You call call 1-888-CALL-FCC (1-888-225-5322) or write to the Federal Communications Commission, Consumer and Governmental Affairs Bureau, Consumer Inquiries and Complaints Division, 445 12th St. S.W., Washington D.C. 20554.

The Do Not Call Registry number is 1-888-382-1222. You must call from the phone whose number you wish to register.

This is a cell phone and an automated dialer with recording was used. There's no way for me to drag them into court myself?

Well, you can always drag someone to court for any reason whatsoever, if you have a lot of money and a lot of time to waste. Your chances of winning such a suit against this telemarketer, however, are slim to none.

A telemarketer may have innocently mistaken your cell number for a landline and, if your cell number is not registered on the Do Not Call Registry, you must notify this telemarketer that the number they reached with their automated dialer is a cell number and they should not call again.

The use of an automated dialer sending prerecorded messages from a telemarketer to a cell phone is, yes, illegal, but the most you could hope to recover in damages are your actual losses, which your carrier will reimburse you for anyway. I can almost guarantee that it will not be worth your time, money and effort to take them to court (although the satisfaction of it all would be great! )

I would file complaints with all of the sources provided you above, and contact your carrier for reimbursement.

I have filed complaints to the contacts listed above.

I know the minutes used on the cell phone were minimal. The last thing I'm looking to do is get rich or get anything out of a case like this other than relieve myself and anyone else they may call without some form of corrective action. Furthermore, I as anyone else would think that they should be entitled to 'punitive' damages. Even if I wasn't entitled to them, I should have the satisfaction of seeing them ordered on my case to the governement. I read on donotcall.gov that they can fine over $10,000 per incident.

All I wanted was to waste my time by representing myself and paying the court fees to have them fly out and pay attorney fees etc.

Thanks for your input by the way, much appreciated!

I am glad you filed the complaints.

And I did want to let you know that your gripe about the telemarketing calls to your cell phone is a legitimate one. The calls are illegal. Unfortunately, trying to sue a big company, that has big money, is extremely costly for any one individual. That is why it is almost always best to let the big companies (Verizon, AT&T) fight it out with the other big companies that fund the telemarketing. The litigation can wind up lasting years and easily cost in the hundred thousand dollar range. It is just too much,usually, for a regular annoyed person to take on. In other words, the $10,000 you might wind up being awarded should you win in such a case pales in comparison to what you would spend to get it.

Hopefully there will be a legal resolution soon to telemarketing - I am not sure there is any consumer around who likes getting such calls, and I cannot believe they are profitable for the telemarketing companies. . . . but apparently they are.