AP/ September 17, 2012, 3:12 PM

Robocall complaints up despite do-not-call list

(Skip Peterson/AP, file)

(Skip Peterson/AP, file)

(AP) WASHINGTON - So much for silence from telemarketers at the cherished dinner hour, or any other hour of the day.

Complaints to the government are up sharply about unwanted phone solicitations, raising questions about how well the federal "do-not-call" registry is working. The biggest category of complaint: those annoying prerecorded pitches called robocalls that hawk everything from lower credit card interest rates to new windows for your home.

Robert Madison, 43, of Shawnee, Kan., says he gets automated calls almost daily from "Ann, with credit services," offering to lower his interest rates.

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"I am completely fed up," Madison said in an interview. "I've repeatedly asked them to take me off their call list." When he challenges their right to call, the solicitors become combative, he said. "There's just nothing that they won't do."

Madison, who works for a software company, says his phone number has been on the do-not-call list for years. Since he hasn't made any progress getting "Ann" to stop calling, Madison has started to file complaints about her to the Federal Trade Commission, which oversees the list.

Amid fanfare from consumer advocates, the federal do-not-call list was put in place nearly a decade ago as a tool to limit telemarketing sales calls to people who didn't want to be bothered. The registry has more than 209 million phone numbers on it. That's a significant chunk of the country, considering that there are about 84 million residential customers with traditional landline phones and plenty more people with cellphone numbers, which can also be placed on the list.

Telemarketers are supposed to check the list at least every 31 days for numbers they can't call. But some are calling anyway, and complaints about phone pitches are climbing even as the number of telemarketers checking the registry has dropped dramatically.

Government figures show monthly robocall complaints have climbed from about 65,000 in October 2010 to more than 212,000 this April. More general complaints from people asking a telemarketer to stop calling them also rose during that period, from about 71,000 to 182,000.

At the same time, fewer telemarketers are checking the FTC list to see which numbers are off limits. In 2007, more than 65,000 telemarketers checked the list. Last year, only about 34,000 did so.

Despite those numbers, the FTC says the registry is doing an effective job fighting unwanted sales calls.

"It's absolutely working," Lois Greisman, associate director of the agency's marketing practices division, said in an interview with The Associated Press. But, she said, "the proliferation of robocalls creates a challenge for us."

Greisman said prerecorded messages weren't used as a major marketing tool in 2003, when the registry began. "In part because of technology and in part because of greater competitiveness in the marketplace, they have become the marketing vehicle of choice for fraudsters," she said.

For people trying to scam people out of their money, it's an attractive option. Robocalls are hard to trace and cheap to make.

With an autodialer, millions of calls can be blasted out in a matter of hours, bombarding people in a struggling economy with promises of debt assistance and cheap loans. Even if a consumer does not have a phone number on the do-not-call list, robocalls are illegal. A 2009 rule specifically banned this type of phone sales pitch unless a consumer has given written permission to a company to call.

Political robocalls and automated calls from charities, or informational robocalls, such as an airline calling about a flight delay, are exempt from the ban. But those exemptions are being abused, too, with consumers complaining of getting calls that begin as a legitimate call, say from a charity or survey, but then eventually switch to an illegal telemarketing sales pitch.

Robocalls can be highly annoying to consumers because they're hard to stop. Fraudsters use caller-ID spoofing so that when a person tries to call back the robocaller, they get a disconnected number or something other than the source of the original call.

The best thing people can do when they get an illegal robocall is to hang up. Do not press "1'' to speak to a live operator to get off the call list. If you do, the FTC says, it will probably just lead to more robocalls. The caller will know you're there and willing to answer, and may continue to call.

The FTC says people can also contact their phone providers to ask them to block the number. But be sure to ask whether they charge for that. Telemarketers change caller-ID information often, so it might not be worth paying a fee to block a number that will soon change.

The industry says most legitimate telemarketers don't utilize robocalls to generate sales.

"They give a bad name to telemarketers and hurt everybody," says Jerry Cerasale, senior vice president of government affairs at Direct Marketing Association, a trade group.

Cerasale says the do-not-call list has resulted in telemarketers making far fewer cold calls to random people. Instead, he says, marketers have shifted to other methods of reaching people, such as mail, email or targeted advertisements on websites. That, he said, could be one of the reasons that the number of telemarketers checking the registry has dropped so sharply.

In light of the increased complaints, the FTC is stepping up efforts to combat robocalls. It recently released two consumer videos to explain what robocalls are and what to do about them. It also announced an October summit to examine the problem and explore the possibility of emerging technology that might help trace robocalls and prevent scammers from spoofing their caller ID.

Enforcement is another tool. The FTC has brought cases against about a dozen companies since 2009, including Talbots, DirecTV and Dish Network. The cases have yielded $5.6 million in penalties.

The agency said this month that it was mailing refund checks to more than 4,000 consumers nationwide who were caught up in a scam where the telemarketer used robocalls from names like "Heather from card services" to pitch worthless credit card rate reduction programs for an up-front fee. Checks to consumers range from $31 to $1,300 depending on how much was lost.

To file a complaint with the FTC, people can go online to www.ftc.gov or call 888-382-1222 to report their experience for possible enforcement.

© 2012 The Associated Press. All Rights Reserved. This material may not be published, broadcast, rewritten, or redistributed.
9 Comments Add a Comment
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bart4u says:
The Do Not Call List is a complete joke. I mean JOKE. I get 4-6 calls every single day. I get home and I look on my caller ID from numbers that do not leave messages and I do not know them. When I am home I also get the calls. I have made a number of complaints with the Do Not Call list on the same callers. I know you can sue but the problem is first the number they give on the caller ID is never their real numbers and second you would have to follow their market pitch and have someone to come out to your house. Then you would have to record that person coming to your house and you would have to get their license plate numbers. I do not feel comfortable with these people coming to my home. The calls are just two types of businesses home improvement and financial. How many out their heard the one from "Hi this is Ann". Come on FTC do something with this list and start investigating and put these people in prison with long jain terms. That is the only way this will stop. Send them a lesson. I called the FTC and they said they would only investigate if they had a number of complaints from the same company. The telemarketers know nothing will happen to them if they keep calling. I know you do not have to answer your phone but you still have to get up and look at the caller ID and that is a pain in the neck even at 8:00PM. I hope more news organizations do more reports on how worthless the Do Not Call list is. I wrote both my Senators and my local congressman last year and I did no hear back from any of my representatives. Good luck on getting their help too. So again I say the the Do Not Call List is worthless.
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doubleecho-2009 says:
Don't answer the phone!
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silvereagle2718 says:
The government can solve this problem. They just have to decide it is what they want to do.
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foo8259 says:
They use the DNC list to get your home and cell phone numbers.
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doubleecho-2009 replies:
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Uh, I think that meant the RNC, since all of the corporate slime-bags collect all of that stuff.
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skeezix06 says:
I tell them the state needs money and that I'm going to turn them in to the State Attorney General. If they call a second time I turn them in.
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realtimecoffee says:
When I get the credit card services call I immediately press one, then say nothing while they start their routine, then stop and say hello? Hello? Some get made, some just hang up, but if they're going to annoy me I'll annoy them back, and unlike the robocall, this actully costs them money. If everyone did this we'd jam their system and cost them a fortune.
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yarmonds replies:
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I'm doing the same thing but, its not working as of yet ....we need to get more people to do this ....I got four calls in one day...five on another.....reported about three of them and all were from a different numbers....I think the gov cant doing anything with this problem, that's why they are calling us...I will continue to answer the call until they figure it out that I will not buy from them....
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jtdev1 says:
This is what happens when there is no enforcement of the law.

My phone rings constantly now and I'm on the do not call list.

The only solution to it is to cancel my home phone and go 100% wireless.
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