Adam's Apple
Senior Member
- Apr 25, 2004
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How to Fight Spam, Junk Mail and Sales Calls
By Liz Pulliam Weston, MSN Money
On a fairly ordinary day recently, I received:
--A prerecorded phone message pitching a mortgage refinancing service.
--A live phone message offering me a debt consolidation loan.
--Three unsolicited faxes.
--A few dozen spam e-mails with deceptive subject lines.
The volume of unwelcome marketing attacks wasnt remarkable. What is -- or should be -- of note is that all of these communications were illegal.
Recorded phone messages and junk faxes have long been against the law. Live phone pitches became off-limits shortly after I signed up for the federal Do-Not-Call List, and misleading spam was outlawed by the federal CAN-SPAM Act of 2003, which took effect in January 2004. Yet the bombardment continues.
Junk faxers continue to spew out unwanted, unsolicited ads, even after the Supreme Court upheld the constitutionality of the 1991 law banning them and the Federal Communications Commission slapped one of the most notorious offenders, Fax.com, with a record $5.4 million fine.
The volume of e-mail spam keeps rising, despite the CAN-SPAM Act.
Fraudulent e-mails were 4% of the total.
Its clear, privacy advocates say, that the federal government needs to kick its enforcement up a notch. But theres also a lot we as consumers can do both to protect our own privacy and aid regulators in the hunt for scofflaws.
For each type of incursion into your privacy, Im offering three levels of response: the no-brainer, or basic way to defend yourself; the next step for those who want a higher level of protection; and the warrior stance, which can help fight these intrusions on a more global scale.
Telemarketing and Junk Faxes
The No-Brainer. Sign up for the federal Do-Not-Call List online or by calling (888) 382-1222.
Despite the violations and complaints, privacy advocates say the federal registry does seem to be dramatically reducing telemarketing calls.
From the information weve gotten from consumers, they have seen a significant decline in the number of telemarketing calls, said Jordana Beebe, spokeswoman for the Privacy Rights Clearinghouse. The FTC was pretty close when they said it would reduce calls by 80% or more.
Unsolicited faxes arent covered by the do-not-call registry, since they were already banned under the Telephone Consumer Protection Act of 1991.
The Next Step. There are a host of other ways to block telemarketing and junk faxes.
Sign up for your states do-not-call list. Most states with such lists share their data with the federal registry, said privacy expert Robert Ellis Smith, but your state may have stricter rules about who can and cant call. Some of the states that dont share with the federal registry include: Georgia, Indiana, Louisiana, Missouri, Tennessee, Texas, Utah, Wisconsin and Wyoming.
Dont call toll-free or 900 numbers unless you already have a business relationship with the company. Your phone number can be harvested from your call, even if you have Caller ID blocking, and sold for marketing purposes. If you must call, demand to be put on the companys do-not-call list and insist that your information not be sold.
Consider your phone choices. Some privacy advocates recommend an unlisted number or Caller ID systems, but Smith, publisher of the Privacy Journal finds those to be an unnecessary expense and hassle. He recommends listing your phone number without your address, to foil most marketers, and having distinctive ringing on your phone line so that friends and family trigger one kind of ring, while outsiders trigger another.
Tell companies you do business with that you dont want to be contacted. The federal Do-Not-Call List exempts calls from companies when you have a business relationship. But even these companies are required to put you on their do-not-call lists if you ask.
When you donate, tell charities and nonprofits not to contact you or sell your information. Charities and nonprofits are exempted from the federal do-not-call registry, but they also must maintain an internal do-not-call list.
Dont give out your phone or fax number. Seems obvious, but you probably give out your number way more often than necessary. Theres no reason, for example, to include your number when filling out warranty cards, product registrations and magazine subscriptions requests. If required to give your number, demand to be put on the company's do-not-call list.
If you receive a junk fax with a toll-free opt-out number, use it. Unlike spam e-mails, where opt-out options seem to bring on more spam, junk faxers generally respond by taking your number off their lists, privacy advocates said. If theres no toll-free number or the number doesnt work, consider reporting the faxer to the FCC (see below).
Review the steps below for blocking direct-mail solicitations. Theres lots of overlap between telemarketers, junk faxers and junk mailers.
The Warrior Stance. If you really want to strike some blows for a telemarketing-free world, consider the following.
Report do-not-call violators. Theres a complaint form right on the FTC Web site. You also can contact your states attorney general. Regulators cant investigate each and every violation, but they do look for patterns of abuse. Your report can help build their cases. Junk faxers should be reported to the FCC in writing, with a copy of the fax attached. Junkfaxes.org describes which addresses to use and the information to include.
Sue them. Some anti-telemarketing crusaders make a hobby of suing telemarketers in small claims and other courts. If youre interested, you can start with Ben Livingstons site, Zen and the Art of Small Claims. Arizona attorney Richard Keyt offers resources, including a sample demand letter to send to junk faxers. You also can send $10 for a copy of Private Citizens booklet, So you want to sue a telemarketer.
Goad your lawmakers. The massive, favorable response to the federal do-not-call law (more than 50 million numbers registered in its first few weeks) drove home the message to politicians that their constituents want to be left alone. Keep up the pressure with letters and e-mails urging them to make sure the law gets enforced.
Junk Mail
The No-Brainers. Use the opt-out services for general junk mail and credit card solicitations. These will reduce but not eliminate unwanted mailings.
Write the Direct Marketing Associations Mail Preference Service at PO Box 643, Carmel NY 10512, including the name and address of all household members you want deleted from members mailing lists. You also can opt out online, but the service costs $5.
Call (888) 5 OPT OUT, a service maintained by the three major credit reporting companies, to be removed from marketing lists the credit bureaus provide to credit card companies. Youll need to provide your Social Security number and other identifying information.
The Next Step. A growing number of companies that collect data are offering opt-out options. Among them:
Real estate data companies. Two companies that collect and sell data from public tax assessor records are Acxiom, which has an opt-out hotline at (877) 774-2094, and DataQuick, whose opt-out hotline is (877) 970-9171.
Phone companies. Call yours and demand your number be taken off any marketing lists. The Privacy Rights Clearinghouse has a partial list of opt-out numbers for telephone companies.
Your doctor. A federal law that took effect in April 2003 requires medical care providers to give you a copy of their privacy policies and to allow you to opt out of any marketing efforts.
Avoid sweepstakes. Their real purpose is usually to collect a list of names and addresses for marketers.
Be alert for opt-out choices. Look for boxes you can check on forms, applications and Web sites that let you stay off marketing lists. If you cant find a box, consider taking your business elsewhere or write a letter telling the business, charity or other organization that you dont want your information sold or shared.
Be wary of loyalty cards. They can offer great deals, but often at the expense of your privacy. If you do decide to use them, you can often leave the address and phone number blank.
Respond to privacy policy notices. Financial institutions are supposed to send you information each year about how they might use your data, and give you a chance to opt out. You should only have to respond once to these annual mailings.
Widen your net. Any organization to which you belong could sell its mailing list. That includes professional associations, religious groups, nonprofits, museums -- the list goes on and on. When renewing your membership or donating, include a letter demanding that your personal information not be shared or sold. You can threaten to stop attending/donating/doing business with the recipient if it fails to honor your wishes.
The Warrior Stance. The Do-Not-Call List is, unfortunately, expected to lead to a new surge in junk mail. You can fight the trend in the following ways:
Subscribe to anti-junk services like the one provided by Private Citizen for $10. These services say they have access to many more junk mailing lists and ways to target and defeat persistent junk mailers.
Sue them. Many of those crusading against telemarketers and spam are also taking on junk mailers. Check out the links above.
Goad your lawmakers. Besides being irritating, junk mail takes an environmental toll -- in paper, compact discs, product samples and wrapping that are created and then (more often then not) tossed directly into the trash. If that bothers you, or youre just irritated by the volume of mail you get, consider contacting your lawmakers about setting up a national Do Not Mail list.
Spam and Pop-Ups
The No-Brainer. If youve been on the Internet more than about five minutes, youve probably read about the basic ways you can cut down on spam: using spam filters, keeping your e-mail address off Web sites and out of chat rooms, not opening or responding to spam.
The Next Step. Look for spyware thats been secretly installed on your computer. These programs secretly track your movements and lurk on an estimated 9 out of 10 computers. Spyware can spawn legions of pop-up ads, or hijack your browser and force you to visit unwanted Web sites. (The most odious specialize in sticking porn in your face.) Spyware also can collect data about you and send it to companies without your knowledge.
Activate spyware detectors in your antivirus software. The two major antivirus programs, McAfee and Norton, have spyware detectors in their latest versions.
Download free spyware detection software. Free programs include Spybot Search and Destroy and Lavasoft Ad-aware.
The Warrior Stance
Sue them. Anti-spam crusaders are taking their battles to state and small claims courts. Use the links above as a starting point, or just type suing spammers into any search engine.
Goad your lawmakers. The CAN-SPAM Act overrode some state laws that were seen as tougher and more likely to have an effect. You can urge your congressional representatives to put some teeth in the federal law or at least push for active enforcement of its provisions.
By Liz Pulliam Weston, MSN Money
On a fairly ordinary day recently, I received:
--A prerecorded phone message pitching a mortgage refinancing service.
--A live phone message offering me a debt consolidation loan.
--Three unsolicited faxes.
--A few dozen spam e-mails with deceptive subject lines.
The volume of unwelcome marketing attacks wasnt remarkable. What is -- or should be -- of note is that all of these communications were illegal.
Recorded phone messages and junk faxes have long been against the law. Live phone pitches became off-limits shortly after I signed up for the federal Do-Not-Call List, and misleading spam was outlawed by the federal CAN-SPAM Act of 2003, which took effect in January 2004. Yet the bombardment continues.
Junk faxers continue to spew out unwanted, unsolicited ads, even after the Supreme Court upheld the constitutionality of the 1991 law banning them and the Federal Communications Commission slapped one of the most notorious offenders, Fax.com, with a record $5.4 million fine.
The volume of e-mail spam keeps rising, despite the CAN-SPAM Act.
Fraudulent e-mails were 4% of the total.
Its clear, privacy advocates say, that the federal government needs to kick its enforcement up a notch. But theres also a lot we as consumers can do both to protect our own privacy and aid regulators in the hunt for scofflaws.
For each type of incursion into your privacy, Im offering three levels of response: the no-brainer, or basic way to defend yourself; the next step for those who want a higher level of protection; and the warrior stance, which can help fight these intrusions on a more global scale.
Telemarketing and Junk Faxes
The No-Brainer. Sign up for the federal Do-Not-Call List online or by calling (888) 382-1222.
Despite the violations and complaints, privacy advocates say the federal registry does seem to be dramatically reducing telemarketing calls.
From the information weve gotten from consumers, they have seen a significant decline in the number of telemarketing calls, said Jordana Beebe, spokeswoman for the Privacy Rights Clearinghouse. The FTC was pretty close when they said it would reduce calls by 80% or more.
Unsolicited faxes arent covered by the do-not-call registry, since they were already banned under the Telephone Consumer Protection Act of 1991.
The Next Step. There are a host of other ways to block telemarketing and junk faxes.
Sign up for your states do-not-call list. Most states with such lists share their data with the federal registry, said privacy expert Robert Ellis Smith, but your state may have stricter rules about who can and cant call. Some of the states that dont share with the federal registry include: Georgia, Indiana, Louisiana, Missouri, Tennessee, Texas, Utah, Wisconsin and Wyoming.
Dont call toll-free or 900 numbers unless you already have a business relationship with the company. Your phone number can be harvested from your call, even if you have Caller ID blocking, and sold for marketing purposes. If you must call, demand to be put on the companys do-not-call list and insist that your information not be sold.
Consider your phone choices. Some privacy advocates recommend an unlisted number or Caller ID systems, but Smith, publisher of the Privacy Journal finds those to be an unnecessary expense and hassle. He recommends listing your phone number without your address, to foil most marketers, and having distinctive ringing on your phone line so that friends and family trigger one kind of ring, while outsiders trigger another.
Tell companies you do business with that you dont want to be contacted. The federal Do-Not-Call List exempts calls from companies when you have a business relationship. But even these companies are required to put you on their do-not-call lists if you ask.
When you donate, tell charities and nonprofits not to contact you or sell your information. Charities and nonprofits are exempted from the federal do-not-call registry, but they also must maintain an internal do-not-call list.
Dont give out your phone or fax number. Seems obvious, but you probably give out your number way more often than necessary. Theres no reason, for example, to include your number when filling out warranty cards, product registrations and magazine subscriptions requests. If required to give your number, demand to be put on the company's do-not-call list.
If you receive a junk fax with a toll-free opt-out number, use it. Unlike spam e-mails, where opt-out options seem to bring on more spam, junk faxers generally respond by taking your number off their lists, privacy advocates said. If theres no toll-free number or the number doesnt work, consider reporting the faxer to the FCC (see below).
Review the steps below for blocking direct-mail solicitations. Theres lots of overlap between telemarketers, junk faxers and junk mailers.
The Warrior Stance. If you really want to strike some blows for a telemarketing-free world, consider the following.
Report do-not-call violators. Theres a complaint form right on the FTC Web site. You also can contact your states attorney general. Regulators cant investigate each and every violation, but they do look for patterns of abuse. Your report can help build their cases. Junk faxers should be reported to the FCC in writing, with a copy of the fax attached. Junkfaxes.org describes which addresses to use and the information to include.
Sue them. Some anti-telemarketing crusaders make a hobby of suing telemarketers in small claims and other courts. If youre interested, you can start with Ben Livingstons site, Zen and the Art of Small Claims. Arizona attorney Richard Keyt offers resources, including a sample demand letter to send to junk faxers. You also can send $10 for a copy of Private Citizens booklet, So you want to sue a telemarketer.
Goad your lawmakers. The massive, favorable response to the federal do-not-call law (more than 50 million numbers registered in its first few weeks) drove home the message to politicians that their constituents want to be left alone. Keep up the pressure with letters and e-mails urging them to make sure the law gets enforced.
Junk Mail
The No-Brainers. Use the opt-out services for general junk mail and credit card solicitations. These will reduce but not eliminate unwanted mailings.
Write the Direct Marketing Associations Mail Preference Service at PO Box 643, Carmel NY 10512, including the name and address of all household members you want deleted from members mailing lists. You also can opt out online, but the service costs $5.
Call (888) 5 OPT OUT, a service maintained by the three major credit reporting companies, to be removed from marketing lists the credit bureaus provide to credit card companies. Youll need to provide your Social Security number and other identifying information.
The Next Step. A growing number of companies that collect data are offering opt-out options. Among them:
Real estate data companies. Two companies that collect and sell data from public tax assessor records are Acxiom, which has an opt-out hotline at (877) 774-2094, and DataQuick, whose opt-out hotline is (877) 970-9171.
Phone companies. Call yours and demand your number be taken off any marketing lists. The Privacy Rights Clearinghouse has a partial list of opt-out numbers for telephone companies.
Your doctor. A federal law that took effect in April 2003 requires medical care providers to give you a copy of their privacy policies and to allow you to opt out of any marketing efforts.
Avoid sweepstakes. Their real purpose is usually to collect a list of names and addresses for marketers.
Be alert for opt-out choices. Look for boxes you can check on forms, applications and Web sites that let you stay off marketing lists. If you cant find a box, consider taking your business elsewhere or write a letter telling the business, charity or other organization that you dont want your information sold or shared.
Be wary of loyalty cards. They can offer great deals, but often at the expense of your privacy. If you do decide to use them, you can often leave the address and phone number blank.
Respond to privacy policy notices. Financial institutions are supposed to send you information each year about how they might use your data, and give you a chance to opt out. You should only have to respond once to these annual mailings.
Widen your net. Any organization to which you belong could sell its mailing list. That includes professional associations, religious groups, nonprofits, museums -- the list goes on and on. When renewing your membership or donating, include a letter demanding that your personal information not be shared or sold. You can threaten to stop attending/donating/doing business with the recipient if it fails to honor your wishes.
The Warrior Stance. The Do-Not-Call List is, unfortunately, expected to lead to a new surge in junk mail. You can fight the trend in the following ways:
Subscribe to anti-junk services like the one provided by Private Citizen for $10. These services say they have access to many more junk mailing lists and ways to target and defeat persistent junk mailers.
Sue them. Many of those crusading against telemarketers and spam are also taking on junk mailers. Check out the links above.
Goad your lawmakers. Besides being irritating, junk mail takes an environmental toll -- in paper, compact discs, product samples and wrapping that are created and then (more often then not) tossed directly into the trash. If that bothers you, or youre just irritated by the volume of mail you get, consider contacting your lawmakers about setting up a national Do Not Mail list.
Spam and Pop-Ups
The No-Brainer. If youve been on the Internet more than about five minutes, youve probably read about the basic ways you can cut down on spam: using spam filters, keeping your e-mail address off Web sites and out of chat rooms, not opening or responding to spam.
The Next Step. Look for spyware thats been secretly installed on your computer. These programs secretly track your movements and lurk on an estimated 9 out of 10 computers. Spyware can spawn legions of pop-up ads, or hijack your browser and force you to visit unwanted Web sites. (The most odious specialize in sticking porn in your face.) Spyware also can collect data about you and send it to companies without your knowledge.
Activate spyware detectors in your antivirus software. The two major antivirus programs, McAfee and Norton, have spyware detectors in their latest versions.
Download free spyware detection software. Free programs include Spybot Search and Destroy and Lavasoft Ad-aware.
The Warrior Stance
Sue them. Anti-spam crusaders are taking their battles to state and small claims courts. Use the links above as a starting point, or just type suing spammers into any search engine.
Goad your lawmakers. The CAN-SPAM Act overrode some state laws that were seen as tougher and more likely to have an effect. You can urge your congressional representatives to put some teeth in the federal law or at least push for active enforcement of its provisions.