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The Antihero

join:2002-04-09
Enola, PA

[Spam] Is this even legal?

I'm not sure I'm putting this in the right place, because some people's spam may be different from my own, and the culprit in this case is a legitimate company.

A couple that I'm close friends with recently obtained some merchandise from a local rent-to-own company. With my permission, they used me as a reference. A few days ago, I found a voicemail from them on my cell phone. At first, I figured my friends had simply fallen behind on their payments, but it turned out to be a sales pitch. They mentioned me by name, and the fact that I was listed as a reference by my friends, who they also mentioned by name. They told me that as a reference, I had a $50 credit on file to use at their store, and then started rattling off some of their specials. After about a minute, I just deleted the thing without letting it finish.

I did not do business with this company myself, and they called my cell phone, which is illegal for telemarketers to do. So is what they did illegal, or does it fall into an "existing business relationship" since my friends listed me as a reference? I did give my permission, but the company doesn't know that. I could go to that same place and give them a bunch of references that I picked out of the phone book completely at random.

At this point, I'm not planning on doing anything unless it happens again. I'm just curious about this, as it's never happened to me before.


psafux
Premium,VIP
join:2005-11-10
kudos:2
My understanding is if you voluntarily give your name to a company or have a prior relationship with them, they are allowed to contact you for marketing/advertising purposes.

If you request they stop (in writing, preferably) they must abide by your wishes or they will be in violation.

The Antihero

join:2002-04-09
Enola, PA
said by psafux:

My understanding is if you voluntarily give your name to a company or have a prior relationship with them, they are allowed to contact you for marketing/advertising purposes.

Understood. But I didn't give them my name, my friends did. I told my friends it was OK, but the company has no way of knowing that. Sounds like they could be in some legal hot water if someone would list someone as a reference without their permission.

garys_2k
Premium
join:2004-05-07
Farmington, MI
Reviews:
·Callcentric
·callwithus
said by The Antihero:

said by psafux:

My understanding is if you voluntarily give your name to a company or have a prior relationship with them, they are allowed to contact you for marketing/advertising purposes.

Understood. But I didn't give them my name, my friends did. I told my friends it was OK, but the company has no way of knowing that. Sounds like they could be in some legal hot water if someone would list someone as a reference without their permission.

Probably true, but if you made a stink they'd likely: 1) Tell you to take it up with the person that gave them your name. "After all, how could WE know it was without your permission?"; 2) Drop you off their call list, call it all a big misunderstanding and be done with it.

I'd write to them telling them to take you off their list and let it go unless/until you keep getting those calls. At that point you'd have some legal standing.


dandelion
Premium,MVM
join:2003-04-29
Germantown, TN
kudos:5
Reviews:
·Comcast
reply to The Antihero
Even if you have a business connection to that company, you can request your name be taken off the call list and they have to comply with the request.

Charities, political organizations, and telephone surveyors may continue to call you even if you have registered with the DNC. Companies you do business with can also call you, unless you have asked them to stop.
»www.ehow.com/how_6681688_removin···sts.html
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ptrowski
Got Helix?
Premium
join:2005-03-14
Putnam, CT
kudos:4
reply to The Antihero
Also said friends may not have designated that your number was a cell phone.