D* , We Use Illegal Telemarketing Not To "Change Your Do-Not-Call Status

[cnmsales]

We Use Illegal Telemarketing Not To "Change Your Do-Not-Call Status," But To "Give You An Opportunity To Change Your Do-Not-Call Preference"


D* better be careful or there gunna end up paying a lot in penalties.

http://consumerist.com/consumer/directv/we-use-illegal-telemarketing-not-to-change-your-do+not+call-status-but-to-give-you-an-opportunity-to-change-your-do+not+call-preference-305157.php

[coit]

I'm pretty sure it isn't illegal for a company to call its customers, even if they are on the do not call list.

And don't believe everything you read in consumerist either....

[PoitNarf]

My only comment is that I am not a lawyer, and at times like these I'm sure glad that's still the case :lol:

[armophob]

They are jumping through a ring of invisible flames. Basically when you signed the contract, you gave them the right to contact you with new important info, not sales, but update information. The same way they call to let you know to test your BBc's for the new HD channels. If we were not on a contract, the rules would be different. An enigma wrapped inside a riddle stuffed in a fortune cookie.

[Alexandrepsf]

I believe when you are customer of a company, the company can contact you whether you are on the "Do Not Call list" or not.

[msmith198025]

Everyone that posted about calling a customer is correct. Nothing illegal about it. Annoying? Yes! Illegal? no

[hookemfins]

The do not call list is for cold calling of companies you have had or presently have no relationship with. If you are a customer of a company then they can call:

Q&A: The National Do Not Call Registry (http://www.ftc.gov/bcp/edu/pubs/consumer/alerts/alt107.shtm)

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.

[armophob]

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.

So they have made their one free call, with the automated recording. If you did not get the chance to reject it or did not make a specific request to D*, they have a freebie.

[jceman]

Fins, apparently you did not read all of what you posted - I call your attention to the last paragraph:

"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."

If you have requested D* (or any other company you have an "established business relationship" with) not to call you, they may not call you. Period.

Don't believe me? File an online complaint @ donotcall.gov with the FTC and copy it to the company involved. You will hear very quickly from their lawyers apologizing and promising to cease and desist immediately.

BTDT

[Stuart Sweet]

I have no problem with a company you do business with on an almost constant basis having a right to call you, unless you tell them not to.

[n3ntj]

We Use Illegal Telemarketing Not To "Change Your Do-Not-Call Status," But To "Give You An Opportunity To Change Your Do-Not-Call Preference"


D* better be careful or there gunna end up paying a lot in penalties.

http://consumerist.com/consumer/directv/we-use-illegal-telemarketing-not-to-change-your-do+not+call-status-but-to-give-you-an-opportunity-to-change-your-do+not+call-preference-305157.php

If a company has a business relationship with someone within the past 90 days (it may be 180 days), they are allowed to call them under the legislation. If you do file a Do-Not-Call request with a company, I'd recommend keeping proof that you did so.

[waynenm]

It was indeed irritating to get the call asking if I'd like to receive future calls regarding special offers. However, the opt-out option at least was there. Better that than no option.

[Tom Robertson]

The issue at hand, AFAIK, is not that DIRECTV honors both the national (and state) do not call lists, as given by all the previous posters.

The issues is that if you have been placed on DIRECTVs internal do not call list, there have been some calls verifying that you wish to stay on or to go onto said internal list. I've not followed closely enough to fully understand all the details, but I somewhat understand if you have requested the do not call list within DIRECTV, you shouldn't be called. That said, I might see a followup after a few years, like maybe 10. :)

Cheers,
Tom

[hookemfins]

Fins, apparently you did not read all of what you posted - I call your attention to the last paragraph:


This is why I don't post a lot. A simple little informational post and I get accused of not reading all. jceman, I read every word. I fully understood what was written. My post was INFORMATION to the OP and others. Nothing more. :mad:

[loudo]

Call blocking works great for these telephone pan handlers. Gotten a few from E*, but none from D*.

[axl]

I don' see a problem with them checking to see if you want to stay on the internal list. Of course if I don't recognize the number 95% of the time I just don't answer the phone anyway...that's my do not call method =)

[dbmaven]

First - If I've put a company on their own internal DO NOT CALL list, I expect them to honor it.

Having said that, my issue is that most companies outsource their cold-calling/contact /marketing. As a result, an 800 or 888 number shows up on CID - and you have no clue who is actually calling. My response to that: instant ignore status.

What's more annoying is that since these things are now automated (until you answer, at which point the call gets transferred to a human(!) in most cases), when an answering machine/voice mail system answers, the automated system on the sending end hangs up. So you STILL have no idea who was calling or what it was about.

I was getting one 888/800 number that was calling at least once a day for several weeks - I happened to notice a thread here at dbstalk and it turned out it was D* doing the "Do you have your BBC's connected/are you ready for the new HD" check.
The next time I saw that number, I answered, and responded (it was fully automated as I recall) that I was ready. Haven't gotten another call from that number...

IMO, telemarketing companies should be REQUIRED to set the Caller ID information to display the name of the company they are working for - this would include Political and Charity organizations (both of which are largely or totally exempt from the DNC regulations). At least that way the CID is useful - as it is today, the benefits of caller ID have been subverted to the point that it's untrustworthy, at best. And they should also be REQUIRED to leave a 30 second message on any answering machine/voice-mail system, with the content being the calling organization/their client/the reason for the call.

[Upstream]

I don' see a problem with them checking to see if you want to stay on the internal list.


Really. I can't imagine telling a company not to call me, and then having them call me just to make sure that I meant it when I told them not to call.

Even if it were legal (and they seem to be treading a very thin line in the Federal Do Not Call laws, and violating many state Do Not Call laws), why would they want to piss off their customers.

Maybe a few customers told them not to call during a drunken stupor, but I'm sure most of the people who told DirecTV not to call really meant that they didn't want DirecTV to call them. (And if DirecTV wanted to make sure, they could have sent a letter, instead of doing the exact thing that their customers asked them not to do.)

[Ken S]

Hopefully, DirecTV will be give the opportunity to break the record they now hold for the largest fine for violating the Do Not Call rules.
At the very least consumers should now understand the type of sleaze that is making decisions at DirecTV.

[tonyd79]

Hopefully, DirecTV will be give the opportunity to break the record they now hold for the largest fine for violating the Do Not Call rules.
At the very least consumers should now understand the type of sleaze that is making decisions at DirecTV.

Sleaze?

Why are you a customer of this company?

Sleaze?

I think that was just a bit uncalled for. (No pun intended.)

[primetime]

How often does D* call you? I got a few calls recently about the BBC's and new programming but that is it, in the past 6 years I can't think of too many calls from D*. Most people probably need a call like that regarding new programming or hooking up BBC's anyway since the majority of customers don't read this site and really are not that technologically adept to being with.

D* left a few messages on my machine at home trying to help me as a customer out. I know it sucks if you work nights and the calls come in during your daytime sleeping but other than that how much does it hurt to get a couple calls/messages letting you know what to do to make sure you get the new programming?

I wouldn't be shocked if there was a huge group that would be upset if D* didn't call and tell them to hook up the BBC or that new channels were coming. I guess you can't please everyone.

[morgantown]

The issue at hand, AFAIK, is not that DIRECTV honors both the national (and state) do not call lists, as given by all the previous posters.

The issues is that if you have been placed on DIRECTVs internal do not call list, there have been some calls verifying that you wish to stay on or to go onto said internal list. I've not followed closely enough to fully understand all the details, but I somewhat understand if you have requested the do not call list within DIRECTV, you shouldn't be called. That said, I might see a followup after a few years, like maybe 10. :)

Cheers,
Tom

This is exactly my circumstance. I am on DIRECTV's do not call list. They called with the automated "we like to bring to you attention some great offers but you are on our do not call list..."

In this particular instance I think it is pretty foolish for a company to call a person plainly on their do not call list to see if you have changed your mind.

Send a letter, email, or whatever. Just don't call the "do not call list" to see if those folks who opted into the "do not call list" actually want calls.

Am I deeply offended? No. Do I think the call was stupid? Absolutely.

[JacknJuls]

As a day sleeper who was awakened by one of these calls, I think sleaze was an accurate description; they may not be breaking the law, but are intentionally violating their customers wishes just to try and gain revenue. I would be gone after that call if not for the 2 year contract that I am under, but rest assured, after the contract is done, so am I.

[axl]

Really. I can't imagine telling a company not to call me, and then having them call me just to make sure that I meant it when I told them not to call.

Even if it were legal (and they seem to be treading a very thin line in the Federal Do Not Call laws, and violating many state Do Not Call laws), why would they want to piss off their customers.

Maybe a few customers told them not to call during a drunken stupor, but I'm sure most of the people who told DirecTV not to call really meant that they didn't want DirecTV to call them. (And if DirecTV wanted to make sure, they could have sent a letter, instead of doing the exact thing that their customers asked them not to do.)


ehh who knows...maybe you put them on there then forgot you did it? Maybe you had a change of heart...who knows...They really don't call me much and when they have it's been automated to the answering machine so it hasn't really bugged me much. But I can see your point...

[Tom Robertson]

This is exactly my circumstance. I am on DIRECTV's do not call list. They called with the automated "we like to bring to you attention some great offers but you are on our do not call list..."

In this particular instance I think it is pretty foolish for a company to call a person plainly on their do not call list to see if you have changed your mind.

Send a letter, email, or whatever. Just don't call the "do not call list" to see if those folks who opted into the "do not call list" actually want calls.

Am I deeply offended? No. Do I think the call was stupid? Absolutely.
Well said.

[jeret]

I use Phone Tray to get rid of calls I don't want to answer. The software will answer the call and send out one of several messages you can choose from. I use the "disconnected number" tones alot which seems to have gotten rid of a lot of computer generated calls and it's free.

http://www.phonetray.com/

[Upstream]

ehh who knows...maybe you put them on there then forgot you did it? Maybe you had a change of heart...who knows


Maybe. So send a letter asking if the person still wants to be on the do not call list.

If a customer specifically asks you not to call them, it seems incredibly arrogant and disrespectful to call them to confirm their request, especially when a letter will work as well.

[purtman]

I'm pretty sure it isn't illegal for a company to call its customers, even if they are on the do not call list.


That is true.

[Upstream]

I use Phone Tray to get rid of calls I don't want to answer.

I use the "ask to be placed on the do not call list" method of getting rid of telemarketing calls from companies I do business with. If they call me a second time, I tell them I will report them to the State if they call again. The third time I report them. New Jersey has already earned $150,000 from fining companies I've reported.

[Upstream]

I'm pretty sure it isn't illegal for a company to call its customers, even if they are on the do not call list.

And don't believe everything you read in consumerist either....

That is true.

It is illegal in New Jersey. If you ask a company to put you on their do not call list, they cannot call you to up-sell or offer new or enhanced products or services. They can call you to discuss billing or technical issues with the product/service you currently have.

I think the DirecTV would be OK calling me to tell me that I need to do a reset on my existing reciever. But my guess is that the NJ Attorney General would consider if offering new products/services if DirecTV were to call me to ask me to take my name off the do not call list so they can bring my attention to some "great offers".

[loudo]

I use Phone Tray to get rid of calls I don't want to answer. The software will answer the call and send out one of several messages you can choose from. I use the "disconnected number" tones alot which seems to have gotten rid of a lot of computer generated calls and it's free.

http://www.phonetray.com/
I love the "ZAP" feature of Phone Tray.

[Ken S]

Sleaze?

Why are you a customer of this company?

Sleaze?

I think that was just a bit uncalled for. (No pun intended.)

Tony,

Their argument for not abiding by the Do Not Call law is sleazy. I'm sorry you're so offended by the term. This company got nailed once for this type of activity. It was the largest fine in history for the violation of this law and they're doing it again...by their own admission it's not an error. I guess you'd call that reputable? To me they're two-time losers on this matter and that's sleaze

As for your other question, while it's really none of your business. I re-subscribed when I moved because they had some programming that I wasn't sure their competition would have. I now am under contract to them and will fulfill my obligations. Since I am a customer (a long-term one at that) I should be treated with a bit more respect than receiving telemarketing calls when I have specifically asked not to receive them.

[Ken S]

How often does D* call you? I got a few calls recently about the BBC's and new programming but that is it, in the past 6 years I can't think of too many calls from D*. Most people probably need a call like that regarding new programming or hooking up BBC's anyway since the majority of customers don't read this site and really are not that technologically adept to being with.

D* left a few messages on my machine at home trying to help me as a customer out. I know it sucks if you work nights and the calls come in during your daytime sleeping but other than that how much does it hurt to get a couple calls/messages letting you know what to do to make sure you get the new programming?

I wouldn't be shocked if there was a huge group that would be upset if D* didn't call and tell them to hook up the BBC or that new channels were coming. I guess you can't please everyone.

prime,

No one is trying to stop them from calling the people that want to hear from them. Personally, I don't want to get those calls. I sent them notice in the manner they requested that I not be called.

[SDizzle]

I believe when you are customer of a company, the company can contact you whether you are on the "Do Not Call list" or not.


Exactly True, from what I have been told. You are "their" customer already, thay can call you.

[Ken S]

Exactly True, from what I have been told. You are "their" customer already, thay can call you.

It's not true. Under the Do Not Call law you may request any company that you do business with not to call you and they must abide by that request.

www.donotcall.gov

read the FAQ section