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Published:March 30th, 2006 14:51 EST
Illegal practices by Republicans and Democrats

Illegal practices by Republicans and Democrats

By Andre Morse

Do Not Call Laws covering telemarketers: are they fair and just?  They would be if they also covered political organizations.  This week alone, I received 10 calls from the Democrats asking for contributions.  I wonder if they speak the same language I do, after telling them 10 times that no contributions were forth coming from me.  I am still receiving calls for contributions.  The Republican Party is no less guilty, calling more than the Democrats have.  No calls from any other political organizations, though I am sure that it will happen. 

I went to the "do not call" site where I had listed my number to prevent said calls from happening, only to find out that politicians had written themselves a loop hole to protect  the parties interests.  At least, that is what it says on the do not call site at https://www.donotcall.gov/FAQ/FAQBusiness.aspx#who.

Yet, when I looked under the law at http://ecfrback.access.gpo.gov/otcgi/cfr/otfilter.cgi?DB=3&query=16000000310®ion=BIBSRT&action=view&SUBSET=SUBSET&FROM=1&SIZE=10&ITEM=1.

No such legal clause exists to protect either party from the violations which they are committing.

Exempt Organizations ( EO ") " includes any person or business that is exempt from both the FTC`s and FCC`s requirements to access the National Registry, but voluntarily chooses to access the information solely for preventing telephone calls to telephone numbers in the National Registry.  Exempt Organizations include charities or non-profit organizations, organizations engaged in political solicitations or surveys, or Sellers or Telemarketers that call ONLY consumers with whom they have an established business relationship or from whom they have obtained the express written agreement to call.  See 16 CFR § 310.4(b) (1) (iii) (B) (I) and (ii).  Exempt Organizations must wait three business days following the submission of their request to access registered telephone numbers before they may be given access to such numbers.  We may contact you if we have questions about your status. 


I have no prior business relationship with either party.  So does this cancel their exemption status and provide grounds for prosecution under federal law?  Alternatively, can the major political organizations in this country just make up laws as they go?  From my understanding of how the government is supposed to work for the people, it is not supposed to be that way.  Here, both of the major political parties in the country have again made fools of the American people.


Following is the law on exemptions and who is exempt.  I did not see political organizations anywhere in the law.  Can any of you?

§310.6   Exemptions.
(a) Solicitations to induce charitable contributions via outbound telephone calls are not covered by §310.4(b) (1) (iii) (B) of this Rule. 
(b) The following acts or practices are exempt from this Rule:
(1) The sale of pay-per-call services subject to the Commission`s Rule entitled "Trade Regulation Rule Pursuant to the Telephone Disclosure and Dispute Resolution Act of 1992," 16 CFR Part 308, provided, however, that this exemption does not apply to the requirements of §§310.4(a) (1), (a) (7), (b), and (c);

(2) The sale of franchises subject to the Commission`s Rule entitled "Disclosure Requirements and Prohibitions Concerning Franchising and Business Opportunity Ventures," ("Franchise Rule") 16 CFR Part 436, provided, however, that this exemption does not apply to the requirements of §§310.4(a)(1), (a)(7), (b), and (c);
(3) Telephone calls in which the sale of goods or services or charitable solicitation is not completed, and payment or authorization of payment is not required, until after a face-to-face sales or donation presentation by the seller or charitable organization, provided, however, that this exemption does not apply to the requirements of §§310.4(a)(1), (a)(7), (b), and (c);
(4) Telephone calls initiated by a customer or donor that are not the result of any solicitation by a seller, charitable organization, or telemarketer, provided, however, that this exemption does not apply to any instances of up selling included in such telephone calls;
(5) Telephone calls initiated by a customer or donor in response to an advertisement through any medium, other than direct mail solicitation, provided, however, that this exemption does not apply to calls initiated by a customer or donor in response to an advertisement relating to investment opportunities, business opportunities other than business arrangements covered by the Franchise Rule, or advertisements involving goods or services described in §§310.3(a)(1)(vi) or 310.4(a)(2)-(4); or to any instances of up selling included in such telephone calls;
(6) Telephone calls initiated by a customer or donor in response to a direct mail solicitation, including solicitations via the U.S. Postal Service, facsimile transmission, electronic mail, and other similar methods of delivery in which a solicitation is directed to specific address(es) or person(s), that clearly, conspicuously, and truthfully discloses all material information listed in §310.3(a)(1) of this Rule, for any goods or services offered in the direct mail solicitation, and that contains no material misrepresentation regarding any item contained in §310.3(d) of this Rule for any requested charitable contribution; provided, however, that this exemption does not apply to calls initiated by a customer in response to a direct mail solicitation relating to prize promotions, investment opportunities, business opportunities other than business arrangements covered by the Franchise Rule, or goods or services described in §§310.3(a)(1)(vi) or 310.4(a)(2)-(4); or to any instances of up selling included in such telephone calls; and
(7) Telephone calls between a telemarketer and any business, except calls to induce the retail sale of nondurable office or cleaning supplies; provided, however, that §310.4(b)(1)(iii)(B) and §310.5 of this Rule shall not apply to sellers or telemarketers of nondurable office or cleaning supplies.



Both the Democrats and the Republicans are guilty of violating federal law.

(b) Pattern of calls.  (1) It is an abusive telemarketing act or practice and a violation of this Rule for a telemarketer to engage in, or for a seller to cause a telemarketer to engage in, the following conduct:
(I) Causing any telephone to ring, or engaging any person in telephone conversation, repeatedly or continuously with intent to annoy, abuse, or harass any person at the called number;
(ii) Denying or interfering in any way, directly or indirectly, with a person`s right to be placed on any registry of names and/or telephone numbers of persons who do not wish to receive outbound telephone calls established to comply with §310.4(b)(1)(iii);
(iii) Initiating any outbound telephone call to a person when:
(A) that person previously has stated that he or she does not wish to receive an outbound telephone call made by or on behalf of the seller whose goods or services are being offered or made on behalf of the charitable organization for which a charitable contribution is being solicited; or
(B) that person`s telephone number is on the "do-not-call" registry, maintained by the Commission, of persons who do not wish to receive outbound telephone calls to induce the purchase of goods or services unless the seller


I have told representatives from both parties that I didn`t want any more calls from them.  Yet, I am still getting them.  As stated above in federal law, any organization after having being informed that calls are not wanted is in violation.


Sources: 

https://www.donotcall.gov/default.aspx

http://ecfrback.access.gpo.gov/otcgi/cfr/otfilter.cgi?DB=3&query=16000000310®ion=BIBSRT&action=view&SUBSET=SUBSET&FROM=1&SIZE=10&ITEM=1

http://www.ftc.gov/bcp/conline/edcams/donotcall/mediacenter.html