StarBulletin.com

Dial dilemma


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POSTED: Sunday, November 09, 2008

Question: I just received an automated telephone call at my residence from “;NMHC.”; It stated my first and last name, asked me to call a 1-866 number and enter a seven-digit number that was provided.

               

     

 

 

You make the call

        The Telephone Consumer Protection Act (TCPA) was enacted in 1991 in response to consumer concerns about unsolicited telemarketing calls to their homes and the use of automated and prerecorded messages. Among other things, the FCC rules about automatic telephone dialing require:

       

» Calls to be noncommercial.

       

» The caller to your home provide his or her name, the name of the person or entity on whose behalf the call is being made, and a phone number or address at which that person or entity can be contacted.

       

» Calls be made only between 8 a.m. and 9 p.m.

       

» Telemarketers to comply if you request, during the solicitation call, that no future calls be made.

       

» The rules apply even if you have not registered your phone number on the National Do Not Call Registry.

       

» If you have registered your home phone or personal wireless numbers with the Do Not Call Registry, telemarketers are prohibited from making telephone solicitations to those numbers. The exceptions are calls or messages placed with your express prior permission, by or on behalf of a tax-exempt nonprofit organization, or from a person or organization with which you have an established business relationship.

       

» To register, or to add a number to the Do Not Call Registry, go online to http://www.donotcall.gov; call (888) 382-1222 (voice) or (866) 290-4236 (TTY). You must call from the phone number you wish to register.

       

» For more information on the registry, go to www.fcc.gov/cgb/donotcall.

       

Source: Federal Communications Commission

       

 

       

My family members suggested that I don't call, even though I was curious about it. I called Hawaiian Telcom and the operator suggested that I don't call, either. I did an Internet search on “;NMHC”; and a Web site popped up for National Multi Housing Council, a trade association.

I'm not certain how that company got my name and number. I'm very careful about keeping my personal information personal.

Have any of your other readers experienced this type of solicitation?

Answer: Telephone numbers are often obtained by companies using a random or sequential number generator, according to the Federal Communications Commission.

NMHC also could stand for National Medical Health Card Systems.

But whatever organization generated the call, you should know the FCC has rules regarding automatic dialing systems, or “;autodialers.”;

The rules apply even if you have not registered your phone number on the National Do Not Call Registry.

Under FCC rules, any calls using artificial or prerecorded voice messages may not be made to home phone numbers except for: emergency calls needed to ensure the consumer's health and safety; calls for which you have given prior express consent; noncommercial calls; calls that don't include or introduce any unsolicited advertisements or constitute telephone solicitations; calls by, or on behalf of, tax-exempt nonprofit organizations; or calls from entities with which you have an established business relationship.

More broadly, except for emergency calls or calls made with prior consent, autodialers may not be used to contact numbers assigned to: any emergency telephone line; the telephone line of any patient room at a hospital, health care facility, home for the elderly, or similar establishment; a paging service, wireless phone service (including both voice and text messages), or other commercial mobile radio service; or any other service for which the person being called would be charged for the call.

The FCC says all artificial or prerecorded telephone messages must state, at the beginning, the identity of the organization or individual responsible for initiating the call.

FCC rules also prohibit solicitation calls to your home between 9 p.m. and 8 a.m. and require that a telephone number be given so that you can call during regular business hours and ask that the company no longer call you. The number should not be a 900 number or any other number for which charges exceed local or long distance charges.

For other rules, see http://www.fcc.gov/cgb/consumerfacts/tcpa.html.

If you believe the rules have been violated, you can file a complaint with the FCC: go online and fill out Form 1088 at esupport.fcc. gov/complaints.htm; e-mail .(JavaScript must be enabled to view this email address); call (888) CALL-FCC ((888) 225-5322) voice or (888) TELL-FCC ((888) 835-5322) TTY; fax (866) 418-0232; or write to: Federal Communications Commission, Consumer & Governmental Affairs Bureau, Consumer Inquiries & Complaints Division, 445 12th St., SW, Washington, D.C., 20554.

You should provide your name, address, e-mail address, and phone number where you can be reached; the phone number where you received the call, and whether this number is on the national Do Not Call list; the date and time of the call; whether the call advertised or sold any property, goods or services; any information to help identify the individual or company; whether you or anyone else in your household gave the caller permission to call; whether you or anyone else in your household made any purchases from the individual or company that called, or made any inquiry or filed an application with the individual or company, prior to receiving the call; and whether you or anyone in your household previously asked the individual or company whose property, goods or services are being advertised or sold NOT to call, and when you made the request.

The FCC can issue warning citations and impose fines against violators.