Telemarketer to Pay $500,000 for Do Not Call Violations
Americall Group purposely avoided requests to stop calling, FTC alleged
12/19/2011 | By Truman Lewis
|
ConsumerAffairs.com
| Cell Phones & Smart Phones
An Illinois-based telemarketing firm will pay $500,000 to settle Federal Trade Commission charges that it interfered with consumers' requests to be placed on company-specific do not call lists and transmitted deceptive Caller ID names.
The FTC alleged that Americall Group, Inc. violated the FTC's Telemarketing Sales Rule.
"When it comes to the Do Not Call provisions, compliance is not rocket science," said David C. Vladeck, Director of the FTC's Bureau of Consumer Protection. "It includes honoring a consumer's request to be placed on a specific do not call list, and not messing with anyone's caller ID. Legitimate companies comply with the law every day."
Americall, headquartered in Naperville, Illinois, is a third-party telemarketer that specializes in calling consumers on behalf of major banks, credit card issuers, insurance companies, and other financial institutions. The company also conducts telemarketing campaigns for firms selling household products, magazine subscriptions, beauty products, and educational materials.
Under the FTC's Telemarketing Sales Rule, a company may not call a consumer who has requested not to receive calls from that particular seller. The Rule also makes it illegal to deny or interfere with a consumer's right to be included on a company-specific do not call list.
Ignored requests
According to the FTC's complaint, Americall trained its representatives to avoid honoring the requests of consumers who asked to be put on a company-specific do not call list of an Americall client.
For example, Americall's training manual instructed its telemarketers that when a consumer said, "Don't call again" or "Don't call me back," the employee should not place the consumer's name and number on a client's do not call list.
The FTC's complaint also alleges that Americall transmitted false Caller ID information to consumers. In many cases, the Caller ID information did not name Americall or its client as the caller. For instance, when telemarketing on behalf of an insurance company, Americall masked the company's identity by transmitting the name "Gas Rebate Center" over Caller ID. The Telemarketing Sales Rule requires telemarketers to transmit accurate Caller ID information so consumers can know who is calling before they pick up the phone.
The settlement order resolves the FTC's charges against Americall. In addition to imposing the $500,000 civil penalty, it prohibits the company from continuing to engage in the conduct alleged in the complaint and from violating any provision of Telemarketing Sales Rule in the future.
Romaine Williams (Mon, 19 Dec 2011 23:04:09 +0000): I'm very glad to hear this news, because these telemarkers are a pain in the a--, maybe the rest of these companies, that harass, and annoy consumers will get the message.
Stuart Ezrin (Mon, 19 Dec 2011 23:31:08 +0000): Sweet justice, a little at a time!
Ken Teleis (Wed, 21 Dec 2011 12:00:51 +0000): We need a few more of these fines handed out.
William Skotnica (Sun, 25 Dec 2011 20:25:09 +0000): The calls are very annoying and should stop.
Mark Jenschke (Sun, 25 Dec 2011 20:31:15 +0000): #
How about a special incoming ring tone for the unwanted callers I havn't the time to bother getting up and looking at the 'caller ID' on the phone.
Linda Bearse Netto (Sun, 25 Dec 2011 20:38:59 +0000): Now these telemarketing jerks are calling you from phone number 000-000-0000. What the heck are the FTC big wigs planning to do about that?
Edwin Walker (Sun, 25 Dec 2011 21:01:46 +0000): I am harrased by a company claiming to get me low credit card rates two or three times a day, I'd like to put them out of business!
Eric Schneck (Sun, 25 Dec 2011 23:24:47 +0000): Big deal. The FTC is a joke, and this is an insult to us. They don't resolve individual cases (they will tell you that on their website) and $500,000 is just a slap on the wrist compared to what they have made over the last 12 years in business. SAD!
Mimi Kroncke (Mon, 26 Dec 2011 12:23:18 +0000): Ed: we get the same calls to lower our credit card. We trie getting to the base of the caller and no luck. Then there's the calls about "a survey on the presidential nomination" and voila, you are eligible for a 2day/3nite Bahama vacation. Click! Idiots!
Dee Richards (Tue, 13 Mar 2012 23:49:16 +0000): What a joke. The FTC only goes after the slow ones. I've taken to blowing a whistle after asking them to stop calling me.
John Eidsvoog (Tue, 10 Apr 2012 17:04:53 +0000): I've been wondering if it's possible to do a class-action suit against AT&T for making it possible for telemarketers to continually break the law (forged caller ID, recorded calls, cell phone telemarketing, junk FAXes). They should be able to stop it, or at least assist in prosecuting the rampant law-breaking.