Friday, November 11, 2011

415-341-6991, Illegal Telemarketing, FCC Telemarketing Complaint

Illegal Telemarketing
FCC Telemarketing Complaint
Starlines USA


415-341-6991, 4153416991, Illegal Telemarketing, FCC Telemarketing Complaint

I received a recorded telemarketing call on 11-9-11 @ 9:11am on my toll free # from Starlines USA (per caller ID). Number listed was: 415-341-6991 or 4153416991. They are in San Francisco.They show they are in San Diego on a telemarketing job ad, but they are also in San Francisco, and Phoenix. Many cities actually.

Here is their San Diego telemarketing job ad:

****SALES**** Exp. Sales Pros $50-$100K 1st yr Potential! Complete training & support B2B Sales Must be avail Immediately! Call: 415-341-6991 Fax: 800-921-7207, or Email: careers [at] starlinesusa [dot] com www.starlinesusa.com Accepting calls Sun. 9-Noon

Their web site is http://www.starlinesusa.com/
Email: careers@starlinesusa.com
Twitter: http://twitter.com/#!/StarlinesUSA

The recording was a young woman saying that Fry's Grocery Store in the Tucson Arizona area was accepting local Tucson AZ restaurants for advertising. She gave a # of 888-575-6168 or 8885756168 to call back
I called it and it's a recordring for you to leave a message: "Due to the overwhelming response to the Support Your Local Business Campaign, we are sorry we have missed your call. Please leave a message." There was no opt-out mechanism and it was prerecorded.

For one thing, we are not in Tucson, nor are we a restaurant, and they illegally called a toll free # for advertising. 

These are illegal to be received on a toll free number:: 
  • Live Telemarketing Calls
  • Prerecorded Messages
  • Abandoned Calls
  • War Dialing
Telemarketing Rights

All telemarketing calls made by prerecorded message must include an opt-out mechanism. This can be accomplished automatically by pressing a number or by a prompt referring you to a live person. The automatic opt out is required for business callers and charities, entities otherwise exempt from the national do-not call registry.

This does not, however, apply to health-related calls such as to those made to confirm an appointment. Nor does it apply to "informational" messages such as to confirm service calls or change flight schedules.

When the telemarketer does not have a representative standing by, a recorded message often plays. Under FTC rules, a telemarketer cannot leave a prerecorded message unless you have given your prior approval. You can still get informational recordings, however, such as reminders of doctor's appointments and changes in flight schedules.

Sue the telemarketer in state court (usually small claims is recommended) to stop such calls and/or to recover a penalty. (47 CFR 64.1200 (e)(2)(iii)) The penalty is actual monetary loss or up to $500, whichever is greater, for each call received after you requested to be placed on the do not call list. If the court finds that the marketer willfully or knowingly broke the law, the penalty is up to three times the actual monetary loss or up to $1,500, whichever is greater. If the telemarketer did not send a copy of its company-specific do not call policy, you can claim additional damages.The penalty for violations with respect to automatic dialing systems, prerecorded messages and facsimile machines, is $500 or actual damages, whichever is greater. The penalty for willful or knowing violations is $1,500 or three times the actual damages.

A FCC Complaint has been made on this. There were so many things wrong with the legality of this call, that it was amazing how wrong it was. I guess they figure most people would not know.

You have wasted my money on your ad campaign, and now you will learn that you are not allowed to do this. I want my # removed, put on your Do Not Call List,  and an apology and damages of a minimum of $1500.


/\/\Carla/\/\

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