How To Save Your Older Relatives From the Clutches of Telemarketing Harassment
Aggressive sales tactics used by unscrupulous telemarketers can snare seniors who don't know any better. The aggression can quickly turn into harassment if the telemarketing company thinks it's found an easy mark. Even if the senior is mentally sharp as a tack, the harassment can be distressing if they don't know how to stop it. The Telephone Consumer Protection Act of 1991 (TCPA) has strict guidelines that telemarketers have to follow. Obviously, scammers aren't going to follow them, but the TCPA gives you a way to get back at the scammers. If you realize that your elderly relative is being harassed and targeted by a telemarketer or ten, you need to act quickly to find out what stage the harassment is at. You also need to get those calls nixed immediately, and you'll have to follow a few steps to do so. Stop Answering the Calls The first thing to do is get your relative to stop answering the calls. If they've already done that, great. But if you have a relative who has the mindset that phone calls should be answered and that letting a call go to voicemail would be rude, you'll need to do some convincing. Show that relative articles about telemarketing scams and the massive increase in scam calls over the past few years. Let the relative know that everyone is getting these calls and that it's actually OK to not answer. If the relative insists on answering, you'll need to speak with a lawyer about what to do regarding taking control of the phone temporarily—or you'll need to speak with a lawyer who can stop the calls before the relative gets into any more trouble. By the way, if your older relatives are healthy, don't assume nothing's wrong. Check in with them and see if they're having...
How Telemarketers Obtain Personal Information
Robocalls have surged, affecting most Americans who own mobile phones. Methods for obtaining phone numbers have become more malicious, despite the Better Business Bureau's advice to be cautious with sharing personal information. Here are the main ways telemarketers obtain your personal information. Credit Requests When you apply for credit, whether it's for major purchases or something as small as household appliances, you willingly share your personal information with the credit provider. This information exchange occurs because credit applications require you to furnish various details about yourself to assess your creditworthiness. While this process may seem innocuous, it opens up the door for potential misuse of your data. Credit providers often entice individuals with attractive offers such as 0% financing, immediate spending power, and discounts to encourage them to apply for credit. These tempting incentives serve as bait to lure people into sharing their personal information without much thought. However, unbeknownst to many, this valuable data holds significant commercial worth. Once the credit providers have acquired your personal information, they may exploit it for financial gain. They can sell and resell your name, address, phone number, and spending history to third parties—including marketing agencies and data brokers. This practice not only compromises your privacy but also exposes you to targeted advertising and potential solicitation. Restaurant Waiting Lists Restaurants have a longstanding tradition of incorporating technology into the dining experience, making it more convenient and efficient for patrons. Over time, they have introduced innovations such as digital menus on tablets and even serving food on iPads, aiming to enhance customer engagement. However, beneath the surface, a troubling and harmful trend is emerging, one that remains hidden from the average diner's perspective. This practice revolves around the seemingly innocuous act of customers providing their mobile numbers to restaurant waitlist apps. When you willingly...
A Step-By-Step Guide To Stop Unwanted Robocalls and Texts
In today's digital age, unwanted robocalls and texts have become a pervasive nuisance for many individuals. These automated calls and messages, often promoting scams or telemarketing, can disrupt our daily lives, invade our privacy, and potentially lead to financial loss or identity theft. Fortunately, you can take steps to regain control and minimize the impact of these unwanted communications. This comprehensive guide will explore effective strategies to stop robocalls and texts. Register Your Number Register your phone number with the National Do Not Call Registry to reduce unwanted robocalls and texts. It's a centralized platform where you can opt out of telemarketing calls. It works for both landlines and mobile phones. However, not all unwanted calls will stop after registering. Some calls, like those from political organizations or charities, are exempt. Take Advantage of Call-Blocking Tools Most smartphones offer call-blocking features that filter and block unwanted calls. You can access this feature through your phone's settings or by contacting your mobile service provider. You can create a list of numbers to block or automatically block calls from unknown numbers by enabling call blocking. Numerous third-party apps for iOS and Android devices can automatically identify and block spam calls using advanced algorithms and databases of known spam numbers. Be Wary of Sharing Your Number Avoid unnecessarily providing your number, especially when signing up for online services or purchasing. Read privacy policies carefully, and opt out of sharing your information whenever possible. Limiting your phone number's exposure can significantly reduce the likelihood of receiving unwanted robocalls and texts. Report Unwanted Calls and Texts Make a habit of reporting unwanted calls and texts to the appropriate authorities. Your reports contribute to a database that helps law enforcement track down and take action against violators. Additionally, you can report unwanted calls to your mobile...
4 Ways Telemarketers and Scammers Retrieve Your Phone Number
Phone numbers are the keys to accessing the world of communication, which is why telemarketers and scammers view them as valuable information. While they might seem to appear out of thin air, telemarketers and scammers have several clever methods of retrieving your number than you may realize. Learn four ways these organizations may have obtained your phone number and how you can help protect yourself. 1. 800, 888, or 900 Numbers The Automatic Number Identification (ANI) framework can record your contact details whenever you dial an 800, 888, or 900 number. ANI will save your number and use it to find additional identifiers in the cloud that belong to you. This process occurs without asking for your approval. Once a telephone company has your number, they can access other promotional databases to obtain additional information about you, like your full name, residence, income, and other credentials. Thus, telemarketers can get the information and use it to harass you with messages and phone calls. If you must call one of these telephone numbers, always do so from a separate phone. 2. Restaurant Reservations Diners at busy establishments frequently utilize waitlist apps to secure a table. In most cases, the app will retain the customer's phone information so that they can receive alerts on their mobile device once their desired reservation time becomes available. Unfortunately, the terms of service of many waitlist apps allow them to reuse, distribute, or even sell this information to third parties inside and outside their ecosystem. These waitlist applications can provide telemarketers with a wealth of personally identifiable information. Telemarketers frequently use this information without the customer's knowledge or permission to contact them and try to sell them something. Data scraping refers to this type of illicit data collection that leads to frustration for the target audience....
A Quick Guide to the Telephone Consumer Protection Act (TCPA) of 1991
The TCPA is a statute the Senate enacted to protect consumers from voice calls, texts, and other forms of telemarketing communication. This law also restricts using prerecorded voice messages and automatic dialing systems and collection systems. If you feel a telemarketing company has violated this rule, you may file a complaint with the Federal Communications Commission. While this act was signed into law in 1991, it has changed in response to the times. Provisions of the TCPA The TCPA prohibits telemarketing companies or solicitors from making calls to homes before 8 am or after 9 pm. This law also requires that these companies keep a do-not-call list of consumers who have specified that they do not want to be called. This request must, in turn, be honored for five years. This was later amended to be more permanent. When these companies make a call, the telemarketers must let the recipient know who they are making the call on behalf of and how the caller may be contacted. These companies are also not allowed to use recordings and artificial recordings. Further, these companies cannot make prerecorded voice calls to emergency lines such as hospital emergency lines or 911. The calls these companies make can also not engage more than a single business at a time. If these companies should violate the terms of the TCPA, a subscriber may sue the company for amounts up to $500 for every violation. The subscriber may also sue to recover the monetary loss, seek an injunction, or both. The Do Not Call Registry Congress delegated the do-not-call rules to the Federal Communications Commission. The FCC required companies to build their own databases. Initially, the FCC regulations were ineffective and could not stop these unsolicited calls, as the consumer had to request individual telemarketers to register them for...
What To Know About Robocalls
Robocalls are a growing annoyance for many people today. They come at all hours of the day and night and can be highly disruptive. However, few people understand how robocalls work or what qualifies as a robocall. In this blog article, we'll help you know the crucial details about robocalls and how to protect yourself against them. What Are Robocalls? Robocalls are autonomous phone calls that use a programmed autodialer to send a pre-recorded communication to a home landline or wireless number. Robocallers are the systems or machines used to make these calls. Robocalls can send messages that are both legal and illegal. Legitimate robocalls can give you essential information, like a medical alarm, a school closing, or a fraud warning from your bank. However, many scammers use robocalls as well. Scammers use these systems to try to sell services or products, say they have grants from the government, or even pretend to be from the internal revenue service (IRS). Scammers utilize tricks like "spoofing" to make the caller ID show a number that seems trustworthy. These new methods make it difficult to spot robocalls. Are Robocalls Legal? Rules from the Federal Trade Commission (FTC) state that companies can create and use robocalls to provide information related to subscribed services like prescription reminders, talk about politics, or ask for charity donations. For a robocall to be lawful, it needs to say who makes the call and give the caller's phone number and address. Before making the call, it must also get your permission. However, some robocalls don't need your permission, such as informational messages, calls from debt collectors, calls from some healthcare providers, and charity messages. Charities must also allow you to opt out of getting calls in the future. The charity can provide you with this option via an...
4 Telemarketing Abuse Elements To Record for Your Lawyer
Life can be stressful if you have a debt and have fallen behind with payments due to financial challenges. The situation gets worse if a creditor hires a debt collector to pursue the amount you owe. While debt collectors can contact debtors, the Telephone Consumer Protection Act (TCPA) protects against phone harassment. Report any telemarketing abuse by a debt collector to a consumer law lawyer. When you do, your will attorney need critical information to build a strong case against a debt collector's defense. This post highlights vital materials to gather from telephone interactions with a debt collector and share with a lawyer. 1. Frequency of Telephone Calls A debt collector must violate the TCPA in order for a telemarketing abuse accusation to hold up in court or before the Federal Communications Commission (FCC). However, some consumers are unaware of the new rules regarding debtor collector calls and unwittingly expose themselves to telemarketing harassment. The limits in the new guidelines give you control over the number of calls you receive to protect your privacy. Consumer lawyers need sufficient evidence to develop a compelling telemarketing harassment case. Therefore, information on the frequency of calls is vital in determining whether a case meets the threshold for abuse. Additionally, call records assist a lawyer to calculate the amount of compensation to receive from each illegal contact a debt collector makes. Fortunately, modern phones store call data for quick retrieval. 2. Auto-Dialed Calls The US debt collection industry is highly competitive. Therefore, companies use different tactics to stay ahead of rivals, including automatic telephone dialing systems. Auto-dial allows debt collectors to call multiple clients to maximize commissions and manage operational costs. However, automated calls are illegal under the TCPA, 47 USC section 227. Therefore, establish whether a debt collector has used the system to contact you. Although the...
What To Do When a Company Violates the TCPA and Calls You Unwantedly
The Telephone Consumer Protection Act (TCPA) is a federal law that controls telemarketing calls and text messages. If a company is violating the Telephone Consumer Protection Act by calling you repeatedly, there are several steps you can take to protect your rights and stop the harassing calls. The steps below will help you protect your rights and stop unwanted calls. Keep a Record of the Calls When a company violates the TCPA by calling you repeatedly, it is critical to keep a record of the calls for future reference. It is best to keep track of the date and time of each call, the caller's phone number, and the nature of the call. This information will be helpful if you decide to sue the company because it will serve as proof of the unwanted calls. Furthermore, recording the calls can serve as even more substantial evidence, but make sure you are aware of your state's laws, as some states require the consent of both parties to record a call. Save a copy of any recordings or notes you make in a secure place where you can easily access them later. Request That the Company Stop Calling You Consumers have the right under the Telephone Consumer Protection Act (TCPA) to request that a company stop calling them. You can ask the caller to stop calling you or send a written request to the company. The company must comply with a consumer's request to stop receiving calls. Keeping a copy of any correspondence is critical because it will come in handy later. It is also worth noting that you can ask the company to stop calling you whether or not you have an existing business relationship with them. Block the Caller's Number Many phone companies have a service that lets you block...
Student Debt Relief Scams: Questions and Answers
Student loan debt has become an uncomfortable or even debilitating reality for many Americans. Federal student loans account for $1.620 trillion of the $1.748 trillion in total debt carried by U.S. students and former students. Unfortunately, new debt forgiveness options have opened the door to a variety of debt forgiveness scams. Before you apply for federal student loan forgiveness, you need to understand the potential of getting scammed, the nature of such scams, and your legal options in case you do fall for a phony debt forgiveness offer. Start by studying the following questions and answers on this timely subject. Why Have Student Debt Relief Scams Proliferated? The Biden administration has issued a plan enabling massive student debt relief in the U.S. This plan applies to individuals who earn less than $125,000 and households that bring in less than $250,000 per year. People who hold Federal student loans may qualify for up to $20,000 in debt forgiveness, depending on the type of loan. Despite a temporary stay placed by a Federal appeals court, the administration continues to encourage individuals to apply for this form of student loan relief. Scam artists have taken this flurry of application interest and activity as their cue to lure these individuals into applying through them instead of the U.S. Department of Education. What Forms Do These Scams Commonly Take? Student debt relief scams typically deceive people by pretending to represent either their regular loan provider or the Federal government. These deceptions can take the form of an email, a phone call, or an online ad. In fact, scams make up 10 percent of the ads displayed in response to related Google searches. An email might direct you to click a link to a fraudulent application site asking you to supply personal financial information, while a phone caller might ask you to...
4 Common Harassment Tactics That Debt Collectors Use
Creditors often hire debt collectors to collect money owed to them by debtors. Typically, a creditor issues a debtor's contact information to a debt collector. While debt collectors have every right to call you concerning a debt, they should abide by the Telephone Consumer Protection Act (TCPA). However, debtors might find it challenging to avoid harassment calls from debt collectors if they know nothing about their rights. Debt collectors who flout the law can be a source of anxiety. Therefore, you should at least familiarize yourself with common tactics that collection agencies use when they contact debtors. You stand up for your rights if you understand the techniques. 1. Threaten Arrest A debt collector might threaten you with arrest, particularly if you fail to pick up their calls. Unfortunately, most people fall for the trap, not knowing that it is illegal for a collection agent to make such false claims. Only law enforcement agencies can issue a warrant of arrest, and debt collectors do not fall under the category. Failure to repay money owed to a creditor within a specified time period cannot land you in prison. Therefore, contact a lawyer immediately when a debt collector calls you and threatens to have you arrested. Such a threat is considered harassment and a violation of the TCPA. 2. Impersonate a Government Agent Some debt collectors might pretend to be government agents to get your attention. For example, a debt collector might impersonate a tax agent and inform you of the tax implications of not paying your debt on time. Notably, such information can make someone extremely anxious. However, it is illegal for collection agencies to impersonate government agents in the name of pursuing debts. The best thing to do if you encounter a debt collector who misrepresents themselves is to record all calls. You can record conversations electronically...
6 Tips to Avoid Telemarketing Fraud
It's no secret that telemarketers can be a nuisance. But did you know that some telemarketers resort to fraud to get your hard-earned money? According to the Federal Trade Commission (FTC), there were about 496,000 complaints about imposter calls in 2021. And that number is only increasing. As a consumer, you should know the different types of telemarketing fraud to protect yourself and your finances. Here are six tips to help you avoid telemarketing fraud. 1. Don't Give Out Personal Information to Telemarketers Telemarketers may try to obtain your personal information to accomplish their fraudulent plans. This information includes your name, address, phone number, email address, date of birth, Social Security number, and bank account information. If a telemarketer asks for any of this information, it's a red flag that they may be trying to scam you. Hang up the phone and report the call to the FTC. 2. Be Wary of Telemarketers Who Claim To Be From Your Bank or Credit Card Company Some telemarketers pose as representatives of your bank or credit card company and claim that your account has been compromised or that there is a problem with your account. They may say they need your personal financial information to verify your account or prevent fraud. Do not give out your personal information. Hang up the phone and call your bank or credit card company directly to find out if your account has a problem. 3. Do Not Purchase Anything From a Telemarketer Without First Doing Your Research If a telemarketer offers to sell you something, be wary. Before making any decisions, do your research to ensure that the product or service is legitimate and that you're getting a good deal. You can start by checking online reviews to see what other consumers say about the company and the...
Mistakes to Avoid When Filing for Bankruptcy
Filing for bankruptcy can be an emotional experience. If you are already stressing about losing your assets or a debt that you find hard to pay, you do not want to get stressed further with the law by trying to be malicious. An instance of malice is when you try to hide some property. If you get caught hiding any assets, you will face consequences that include fines of up to $500,000 and a jail term of up to five years. Below are some mistakes to completely avoid when you are filing for bankruptcy. Adding Debt to Your Credit Card The moment you decide to file for bankruptcy, you should cease to use your credit card. The reason for this is that your credit card company will get a notification that you are filing for bankruptcy when you decide to file for one. If you know you will file for bankruptcy, avoid adding debt to your credit cards two to three months before filing for bankruptcy. The consequences may be that the creditor could refuse to reduce or eliminate what you owe them. The creditor may also ask you to pay the debts of your purchases, or they could file for lawsuits to prevent the debt from getting discharged or accuse you of fraud. Changing Ownership of Your Assets Chapter 7 bankruptcy requires an individual's non-exempted assets to get liquidated, and the trustees should use the money to pay off debts. People who file for this type of bankruptcy may get tempted to change or transfer ownership of their assets to their friends or relatives. Such a move is dishonest, and the bankruptcy trustee can consider it fraudulent and cause you more trouble. Chapter 7 bankruptcy can exempt those assets you want to transfer or change ownership. If the assets get...
Everything You Need to Know About Telemarketing Abuse
Phones are a great way to connect people, but they can also be used by telemarketers. One telemarketing call here or there may not be a problem, but some people experience telemarketing abuse. If you would like to know more, so you can better protect yourself from unwanted calls, keep reading. What Protects You From Telemarketing Abuse? The government has created acts and rules to help protect people from telemarketing abuse. The FTC passed the Telemarketing Sales Rule (TSR), which was enacted in 1995. According to the TSR, telemarketers must be open and honest about who they are, why they work for, and why they are calling. It also set up other rules, such as when telemarketers can and cannot call. The FCC also has its own rules for telemarketers. They passed the Telephone Consumer Protection Act (TCPA) in 1991. This act includes much of the same rules that are included in the TSR. Both the TSR and TCPA also prohibit telemarketers from giving vague answers about prizes, or being misleading about the real cost of goods and services. Is Anyone Excluded From the TSR and TCPA? Some businesses are excluded from the TSR and TCPA, including banks, federal credit unions, common carriers (like long-distance phone companies), and non-profit organizations. However, any company or individual who contacts with one of these organizations must follow the TSR and TCPA. In other words, if someone from the bank keeps calling you, you may not have much recourse, but if the bank hires a company to provide telemarketing services, that company must follow the TSR or TCPA. Therefore, if they don't follow the rules, you can take action. What if the Unwanted Calls Don't Stop? You can do a few things to stop unwanted calls. Add your number to the Do Not Call...
7 Steps for Managing Debt Collection Calls
Unexpected events happen to everyone, and sometimes those events can cause financial strain. Debt can cause uncertainty and fear when it becomes unmanageable. The situation only becomes worse when aggressive debt collectors get involved. The law protects consumers against some collection tactics. Understanding your rights is vital. Step One: Demand Detailed Information Always get the name of the collection agency, their contact information, and the details of the debt they want to collect. Debt collectors do not always have accurate information and can sometimes contact the wrong person with the same name as the debtor. Some collection calls are also fraudulent, so ensure the debt is legitimate. Step Two: Research the Agency Do not promise the debt collector anything during an initial conversation. Begin by researching the agency first to learn more about them. The Federal Trade Commission (FTC) provides consumers with a searchable online list of banned debt collectors. The agencies and individuals listed by the FTC have been found guilty of breaking debt collection laws and cannot participate in the business of collections. Step Three: Protect Your Privacy Debt collectors cannot discuss your debt with any third party without your permission. Collectors cannot contact employers, mail postcards with visible information about the debt, or mark the exterior of collection letters with information related to the money owed. Refuse to work with any collector that performs these tactics and immediately seek legal advice. Step Four: Keep a Record Consumers are protected against harassment from debt collectors through the Fair Debt Collection Practices Act. The debtor may need to file a lawsuit or a complaint about a collector that uses illegal methods to collect debts. Keep records of their behavior for this purpose. Note the date and time of every phone call you receive from them, even if you do...
Dos and Don’ts When Dealing With a Telemarketer
Telemarketing is an old tactic, but many businesses still use it for cold calls. With the rise of robocalls, more and more telemarketers can call you, and even scammers are getting involved. If you would like to know more to protect yourself in the event of telemarketing abuse, check out these four dos and don'ts when dealing with a telemarketer. 1. Do: Ask Them to Stop Calling Telemarketers do have some rules they must follow. First, they are supposed to crosscheck target phone numbers with the National Do Not Call Registry. If you added your number to this list, telemarketers are not supposed to call you. Of course, some telemarketers ignore this list, forget to check, or miss your number. If you listed your number but a telemarketer keeps calling you, ask them to stop calling. You may need to send a request in writing so they have a copy in their system. However, once you tell a company you no longer want calls, they are supposed to stop calling. If they continue to ignore it, they may be a scammer rather than a legitimate business. 2. Do: Track All Calls Regardless of whether the caller is a scammer or an employee with a reputable company, you should track all the calls. If a company keeps calling you after you've added your number to the Do Not Call Registry, you may be able to file a complaint or even sue them for every call. In fact, you can get up to $500 for each time a telemarketer called you if your number is on the Do Not Call Registry. The Telephone Consumer Protection Act (TCPA) also offers protection. This act limits when telemarketers can call and requires they provide contact information and employer information. You can recover up to $500 per phone...