There is good news this week for everyone who has been annoyed by receiving prerecorded telemarketing sales calls (“robocalls”) at dinnertime, even if you are on the “do not call” list. Starting September first, an amendment to the FTC’s Telemarketing Sales Rule requires telemarketers to get your express written permission before they can make such calls. This even applies to people who are not on the “do not call” list.
Sounds great, right? Who is going to fill out a form, sign it, and mail it back indicating they want to get junk phone calls? Very few people. But leave it to lawmakers to be hip and allow “electronic signatures” to substitute for ones on paper under the so-called E-Sign act.
*MOUSE PRINT: What is an electronic signature?
The E–SIGN Act defines an ‘‘electronic signature’’ as ‘‘an electronic sound, symbol, or process attached to or logically associated with a contract or other record and executed or adopted by a person with the intent to sign the record.’’ 15 USC 7006(5). The Act further defines an ‘‘electronic record’’ as ‘‘a contract or other record created, generated, sent, communicated, received, or stored by electronic means.’’ 15 USC 7006(4).
So one might think that typing “John Doe” on a website is an electronic signature, and you would be correct. But things you would never expect to constitute a “written signature” qualify also.
*MOUSE PRINT: The following types of things would also qualify as an electronic signature, depending on the wording:
So, getting you to agree “in writing” to receive robocalls may be easier for a telemarketer to accomplish than you originally thought.
One method that would not comply with the law is to bury a statement of your agreement to receive such calls in a contract, such as in the terms and conditions of a credit card agreement. For example, last week, Chase sent some card holders a notice of change in terms, but it is not an acceptable method of gaining your written consent to receive robocalls:
*MOUSE PRINT:
“You authorize us, or anyone acting on our behalf, to call or send a text message to any number you provide or to any number where we reasonably believe we can contact you, including calls to mobile, cellular, or similar devices, and calls using automatic telephone dialing systems and/or prerecorded messages,or to send an email to any address where we reasonably believe we can contact you.”
Chase and most others, however, are allowed to call you using a prerecorded message that is informational in nature (rather than sales-oriented), such as providing a balance update or a reminder that a payment is due soon.
Naturally, robocalls from politicians were excluded from the bill. Those are almost the only kind of robocalls I ever get.
//But leave it to lawmakers to be hip and allow “electronic signatures†to substitute for ones on paper under the so-called E-Sign act.//
Do you mean to say that this has already happened or are you just expressing the fear that it might come out so?
Sorry, I am not able to make head or tail of this post.
Edgar replies: The law went into effect on September 1, 2009.
My relativers and friends now idetify themselves right off when they call from other than their usual number because they know I NEVER answer the phone for a call from a number not already in my list. Caller ID is the best thing since litle green apples. I also use call blocking and wish there were more slots available for that feature. Spoofing a caller ID gets you onto my blocked list immediately even if it’s an innoent call. The list stays full all the time. The Do Not Call list is wholly ineffective in my opinion — another case of government failing to do what I can do better.
This is just another example of the government catering to its own whims. What the masses need (other than the ultra rich) is to get our government back. It will not be done voting for either one of the two (archaic) parties. Yea, we need a tea party to begin with. If you don’t believe this, just watch what already is hugely bad get much much worse.
Right on Jason! So tired of government getting involved in every aspect of our lives and never it seems in our best interest.
I worked last winter for a telemarketing firm. (I’m much better now, thanks, I have a real job.)
We were supposed to be calling previous years’ customers for a garden service — fine by me. But soon it became obvious that many of these people had never been customers, didn’t know the name of the company, or lived in places that could not have had a garden service. Many were increasingly furious at getting a string of hang-up calls, caused by the computer hanging up after 3 rings to try another number. Our supervisor told me that probably another family member had signed up for the service, or people had entered a contest, or some such thing to get on the allowed list. I simply didn’t believe them.
After three weeks of blanketing big parts of Canada and some US districts with these calls, about one out of five calls was an angry one. I left the job in disgust, wondering if there was any way to whistle-blow my company. I still wish I could.
Noni
that’s an invasion of privacy here! written permission==a letter==usps. Duh.