Cost for violating do-not-call law: $2.31 million for DirecTV, $900K for Comcast. Somehow it doesn’t seem like enough…

Posted on April 17th, 2009 – 11:21 AM
By James Shiffer

The other night I found myself hollering into the telephone. Whistleblower has turned me into a more combative person, I fear, and my target that night was a woman who interrupted my evening to offer to extend a warranty I don’t have for a car I don’t own.

My household is on the national do not call registry, so I was demanding to know what company was calling me. The telemarketer refused to say. She told me to calm down. I refused. She told me to have a good day and hung up. Besides alarming my children, my behavior left me feeling both exhilarated and stupid. Why did I expend so much emotion on this stranger in a room somewhere doing a job she probably hates for lousy wages? Because there’s something uniquely maddening about a business interrupting your hearth and home, typically starting with an illegal “robo-call” machine that asks you to press 1 to get something you don’t want. It makes you into something less than human.

That’s what gave me particular satisfaction to hear about the Federal Trade Commission’s settlements this week with DirecTV and Comcast over its claims of “do not call” violations. As usual, the companies admit no fault. DirecTV’s reported conduct included a million automated calls to people on do-not-call lists, asking them to get off the do-not-call list so they could get more telemarketing calls from DirecTV. I would have loved to be in the meeting where that marketing technique was adopted.

“In both of these cases, DIRECTV and Comcast violated consumers’ privacy by calling people who specifically had asked these companies not to call them again,” FTC Chairman Jon Leibowitz says in the FTC’s news release. “What makes DIRECTV’s actions especially troubling is that it is a two-time offender: DIRECTV violated not only the FTC’s Do Not Call Rules, but also a previous federal court order barring it from exactly this type of conduct. Simply put, we won’t tolerate firms that disregard consumers’ specific requests not to be called, and we will be especially tough on companies that ignore their obligations under prior court orders.”

The Comcast settlement amounts to a dollar for each of the improper calls. Shortly after the FTC advisory arrived in my inbox, I got the following statement from Comcast’s executive director, corporate communications and government affairs, Sena Fitzmaurice:

Comcast fully supports all Do-Not-Call regulations and we are committed to preventing unwanted telemarketing calls. The FTC found our compliance with the national Registry to be 99.85% and chose not to pursue any claim against Comcast in that area. This settlement is limited to alleged calls made to persons identified on our internal do-not-call list, where our compliance percentage was at 99.74%. Both compliance percentages are greater than those reported by the FTC to Congress last year as evidencing ‘highly effective’ performance. Since the period under review, we have further strengthened our policies and procedures to prevent unwanted telemarketing calls.

In other words, we’re trying to stop ourselves, really. So don’t scream at us, please?

10 Responses to “Cost for violating do-not-call law: $2.31 million for DirecTV, $900K for Comcast. Somehow it doesn’t seem like enough…”

  1. D Woodhouse Says:

    Looking for info on your warranty calls? Do a Google
    search for “Heather Account Services”.

  2. Pat Says:

    I had a company call repeatedly and they kept getting my husband, but they were asking for me.
    Finally they called and got me. They tried to claim they had serviced my furnace previously and named a date. That date was before we owned the house or had the current phone number. I informed her I had never, ever utilized the services of her company and that I would be reporting her company to the do not call registry. She swore at me and hung up. I had fun, I called her back said the fact that she swore at me would also be reported.

    Whenever I get one of these calls, I immediately report them to the Do No Call Registry. If I have to, I do a reverse search and find out the name of the company.

  3. Mark Says:

    What “Pat says” will not always work. Some caller ID’s are spoofed and show up as 999-999-9999 … or the number does not exist so when you call back, you get the message that the number is not in service. There is one number that even when you put it on Comcast’s screening list, it still gets though which I think is Comcast selling more services.

  4. Camden Says:

    This is SO funny and kind of funny that the
    Star Tribune is reporting on this. Over the past
    week we have received something like 30 calls at my
    work place solicitating us to sign up for a subscribtion
    to the Star Tribune. Everytime we tell them to not call,
    and it keeps happening. The sad thing is that we already
    get a daily paper from both them and the Pioneer Press.
    Most Calls are from California funny enough but comes
    from various area codes. They seem to be quite desperate.

  5. James Says:

    Camden! Send your contact info to whistleblower@startribune.com and I’ll get those calls stopped, at least from the Strib.

  6. Calli Arcale Says:

    Camden — a gal from the Strib somehow managed to call one of the conference rooms where I work. She tried to sell us a subscription even though I’d answered the phone “training room,” which ought to have been a hint that maybe she wasn’t talking to somebody in a position to be making a decision about subscription services. After I got it through her head that she was interrupting a conference (much to the amusement of the trainees, who were laughing out loud by this time), she suggested that someone else at my company might be interested, at which point I had to hang up on her. Not only do I not know who (if anyone) would be the appropriate person to try to sell newspapers to at my company, but she was wasting valuable training time. Fortunately, it served to lighten the mood for my training session, but I found it somewhat disturbing in hindsight. That room is not a listed number (and indeed, is vacant much of the time). Either there was a typo in the “please spam these people” list, or Strib is dialing randomly. If it’s the latter, I’m very disappointed.

  7. ripsnortinroy Says:

    Sadly, those using the robo-callers are a ruthless bunch, hence the need for the do not call list. If these people had any scruples, this would never have been needed. My mother, 86 years old, broke a hip, and after a bit of time in the hospital, was moved to a nursing home for a month or so of physical rehab. To make sure we could contact her when we weren’t there with her, we got her a phone installed, and in the two days it took get her new number placed on the do-not-call list, we were virtually inundated with telemarketing calls.

    Some of the more persistent calls comes from some company of pirates who begin with a message that says something to the effect that you need to do something about your credit card. If you listen carefully, you will be told that this is an attempt to get you to take a card that offers lower interest rates, but my Mother always interprets it as “there is a problem with your credit card.” Like the author of this piece, I have tried every possible method to get this group to discontinue their calls, but to no avail. I have even gone along with them to get the name of the business, but, having googled their opening line, I have found that there are many of their victims who are also unable to get them to quit calling. Oh, sure, they may quit for a while, but just when you think you finally got through to them, the phone rings, and you hear them again.

    Considering the pain this group has put us through, I can’t say I feel sorry for anyone involved from either Comcast or DirectTV.

  8. derekm Says:

    James,

    Like another poster said, you were a potential victim of a scam, It was not a violation of the DNC registry because theye’re likely outside the USA. And yes, I get them too and I hate it.

  9. Maxine Says:

    DON’T GIVE IT OUT!

    I have had the same phone number for five years, and have yet to receive a telemarketer call. Reason being, my number is unpublished and I don’t give out the phone number to businesses. In cases where the business “requires” a phone number. I indicate that I will follow up with them, rather than to have them call me. The same goes for email. I don’t give out my email address. Only family and friends need to contact me via email. BE SMART!

  10. Whistleblower » Blog Archive » Feds crack down on telemarketers who bragged about a billion calls Says:

    […] Sunday column follows up on my rant last month about a rude telemarketer who interrupted my domestic tranquility. For a brief moment last week, I […]