February 2001

 

New Missouri Law Limiting Telemarketing Calls to Homes
Jamie H. Thompson, thompsonja@missouri.edu

"Beginning July 1, 2001, the No Call Law prohibits telemarketers covered under law from calling Missouri residential numbers on the No Call List compiled by the Attorney General’s Office." (www.moago.org/nocalllaw)

I know I am frustrated by all the telemarketing calls that I receive—especially those that come just as we are sitting down to dinner. And it seems that it is the same ones that keep calling. We now have some recourse.

The new law allows us to reduce unwanted telemarketing calls that are made to our homes by registering our home phone numbers with the Attorney General’s office. When our phone number has been registered, it is now illegal for a telemarketer to call. The law applies to ALL telemarketers making calls to Missouri phone numbers with the following exceptions:

• Telephone companies.
• Those having a current business relationship with you.
• Those you have expressly are invited permitted to call (for example, giving your name and phone number on an entry form).
• Certain not-for-profits if the person calling is a member of the group.
• Persons calling on a referral or working from their home, or any person licensed for a trade or profession who is setting or attempting to set an appointment.

Telemarketers must submit an application, $25 quarterly fee, and sign a confidentiality agreement stating that they will not share the list. They will receive an updated list every 3 months. Calling a number on the NO Call List subjects them to a $5,000 fine. To be included on the first NO Call List, you, the consumer, must register by May 1, 2001. There is no cost to you to register. You may register online at www.moago.org/nocalllaw.htm or by phone at (866) 662-2551.

The majority of companies involved in telemarketing are reputable firms that use the phone to sell quality goods and services. But then again, there are companies that are unscrupulous and use the phone to fraudulently promote goods and services.

The Federal Trade Commission estimates that American consumers lose $40 billion a year from the deceptive peddling of goods and services over the phone.

To protect ourselves from fraud:

• Be extremely careful in giving out your credit card number.
• Be cautious if the caller says an investment, purchase, or charitable donation must be made now. Ask that the information be sent to you.
• Ask who is in charge of the firm or organization represented.
• Ask for the address and phone number of the firm calling you. Be cautious if the caller won’t provide that information.
• Ask if it is possible to obtain the names and numbers of satisfied customers in your community.
• Check with state and local consumer protection offices and Better Business Bureau for information about the organization.
• Be wary of offers for free merchandise or prizes. You may pay handling fees that cost more than the value of the gifts.
• Under the Telephone Consumer Protection Act, if you clearly inform a company to not call you again, and it does within 12 months, you may sue the company for $500 or your actual monetary loss, whichever is greater.

There are laws to protect us from unsolicited and unwanted telemarketing calls. But it is up to us to become more informed about the laws—NO Call Law and Telephone Consumer Protection Act—and to use them effectively. For more information about the NO Call Law and to register your home phone number, go on the Web at www.moago.org/nocalllaw.htm.

Source: Joyce Cavanagh, PH.D, Assistant Professor and State Specialist Consumer and Family Economics, University of Missouri Extension.