Broadband Tech > Security > Scam and Phishbusters > what fed law would this be violating ?

what fed law would this be violating ?

According to the FCC's website (www.fcc.gov/cgb/consumerfacts/tcpa.html):

If you have caller ID, a telemarketer is required to transmit or display its phone number and, if available, its name or the name and phone number of the company for which it is selling products. The display must include a phone number that you can call during regular business hours to ask that the company no longer call you. This rule applies even if you have an EBR with the company, and even if you have not registered your home phone number(s) on the national Do-Not-Call list. Before these rules took effect, the words private,out of area, or unavailable might have appeared on the Caller ID display.

reply to marmo
yea the number showed on caller ID but the prob is when you call it back it has a fake message saying the number is no longer in service with a phony message about looking the number up at yellowpages , very deceptive this is in trying to conceal their true identity.

I tracked down the company who hired them , here is my notes:

Family Care
11111 Richmond Ave., Ste. 200
Houston, TX 77082

Toll Free: 1-800-323-4057

Phone: 713-270-1111
2nd line i found : 713-414-5611

Fax: 713-270-1399

Mario F. Bunster, VP Ops, toll-free at 1-800-323-4057

sam hamadeh ext 4992 director of compliance.

talked to christina H @ 713-270-1111 after pressing 0 and waiting like 30 mins.

»www.familycarecard.com/contactus

spoke to a rep today getting in contact with the compliance director: sam hamadeh ext 4929

The 2003 Federal Telemarketing Regulation (US) has responded to this issue by holding the client business primarily liable for the actions of the telemarketers they hire -- the Feds' way of saying, "If you can't beat 'em, join 'em."

The FTC and FCC (US) in their promulgation of the 2003 Federal Telemarketing Regulation took the telescum industry's "suggestion" and made the business who engaged the telemarketing operation directly responsible for the telemarketing operation. Apparently the FTC determined that telescum can't be presumed responsible, and so they made the business ultimately responsible for the contractors who do their bidding!

So as a result, it may not matter if the telescum hide behind their client. The client gets to pay the penalty anyway.

These guys are banned from doing any business in the entire state of NC.

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Call(s) orginated from 866-246-2310
866 446 2310
877-827-7861
866-458-0266
866-489-5687 5/14/2009

Left message to call 877-284-5072
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address also has this listed :

American Workers Insurance Inc
11111 Richmond Ave Ste 200
Houston, TX 77082
713-414-4950
»www.theamericanworker.com
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Also known as:

Association Healthcare
11111 Richmond Ave Ste 200
Houston, TX 77082-6602
(713) 270-1111

Association Health Care Management, Inc.
dba Family Care

License Number 508269

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Violation 1:

a telemarketer cannot place a call to a residence using a prerecorded commercial message unless the called party consents or the call is for emergency purposes. 47 U.S.C. § 227(b)(1)(B)

in breech there of

Violation 2:

calling people on the national do not call list

In breech there of

Violation 3:

Failing to provide the consumer with a copy of the firm’s Do Not Call policy.

In breech there of

Violation 4:

calling after a consumer has told a company to stop.

In breech there of

Violation 5:

"require pre-recorded messages to "(1) [a]t the beginning of the message, state clearly the identity of the business, individual, or other entity initiating the call" 47 C.F.R. § 64.1200(d)

In breech there of.

Violation 6:

'[d]uring or after the message, state clearly the telephone number (other than that of the autodialer or prerecorded message player which placed the call) or address of such business, other entity, or individual'

47 C.F.R. § 64.1200(d)

In breech there of.

Violation 7:

This number is not in service for further information check Yellowpages.com for information on this number

deceptive practices

in breech there of
as per Telephone Consumer Protection Act of 1991 ( so i am told i cant find the clause )

A person or entity may, if otherwise permitted by the laws or rules of court of a State, bring in an appropriate court of that State-- (A) an action based on a violation of this subsection or the regulations prescribed under this subsection to enjoin such violation, (B) an action to recover for actual monetary loss from such a violation, or to receive $500 in damages for each such violation, whichever is greater, or (C) both such actions.

If the court finds that the defendant willfully or knowingly violated this subsection or the regulations prescribed under this subsection, the court may, in its discretion, increase the amount of the award to an amount equal to not more than 3 times the amount available under subparagraph (B) of this paragraph.

Also costs will be awarded by the court. The defendant will be required to reimburse you. Such includes atty fee's ,filing fee's.

can also sue over monetary damages.

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I already served a demand letter for said violations and will then proceed to take them to small claims court.

Good luck in court. If the defendant doesn't show, I think you get a default judgment, provided all your ducks are in a row.

I'd forgotten about the civil suit clause.

In most states collection of a small claims judgment can be difficult.

reply to marmo
You can't really trust Caller ID anymore when it comes to telemarketers. They can show fake ones. Recently I've seen 1-000-000-0000 on Caller ID. Oh, and today I got one of the car warranty calls and the phone just showed "Private Caller".

mady
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Honi soit qui mal y pense