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Do-Not-Call Lists

Telemarketing Fraud

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Telemarketing for Consumers

In Montana, telemarketing is defined as using the phone to encourage consumers to purchase, rent or invest in goods, property or services. If you wish to stop receiving telemarketing calls, put your phone number on the do-not-call lists.

Recorded telemarketing messages are illegal in Montana under 45-8-216 of the Montana Code Annotated. There are a few exceptions such as the use of recorded messages to tell a customer that previously ordered goods are available for pick-up.

Do-Not-Call Lists

A do-not-call list is a list of phone numbers that telemarketers are not allowed to call. There are two lists – a federal and a state list. If you sign up on one, you are automatically placed on the other as well.

If you place your phone number on the state and federal lists, you will receive fewer telemarketing calls. Three months after you sign up, it is illegal for most telemarketers to call you. In addition:

How to Sign Up

Logo and link for National Do Not Call Registry

It is free to sign up on the do-not-call lists. There are two ways to sign up:

The only information collected is your phone number and the date you called. You will be signed up for five years or until your phone is disconnected. After five years, you may renew your registration.

You cannot sign up by writing a letter.

To remove your name from the lists, call (888) 382-1222 and follow the instructions provided.

Who Can Still Call?

Telemarketers are permitted to call for three months after you sign up. After that time, some organizations can still legally call:

To File a Complaint

If a telemarketer continues to call or you believe that a telemarketer has stolen your money, you may file a complaint against them.

Telemarketing Fraud

Millions of Americans are ripped-off every year by fraudulent telemarketers. Over 40 billion dollars is lost each year to con artists. Fraudulent telemarketers often use phrases like these, so if you hear these lines, hang up immediately:

Common Telemarketing Scams
Scam Description
Bank Account or Credit Card Verification In this "phishing" scam, someone pretending to be from your financial institution calls to advise you that your account was inadvertently exposed on the Internet, and tries to get you to divulge your account number.
Charities Con artists often push you for an immediate gift, but won't send written information so you can check their "charity" out. They also may try to confuse you by using names that sound like well-known charitable organizations or even law enforcement agencies.
Foreign Lotteries This scam claims you have won a lottery and need only wire the taxes to collect your winnings. Modern variations will send you a fake money order and ask you to send part of it back.
Government Grant or Loan This scam claims you will receive a grant or loan if you pay a "filing fee."
Investments "Get rich quick" schemes that promise high returns with little or no risk. These can include movie or cable television production deals, Internet gambling, rare coins, art or other "investment opportunities." The schemes vary, but one thing is consistent: unscrupulous promoters of investment fraud rely on the fact that investing can be complicated, and many people don't research the investment process.
Prize Offers You usually have to do something to get your "free" prize, like attend a sales presentation, buy something, pay a fee or give out a credit card number. However, the prizes are worthless and your credit card may be used fraudulently.
Recovery Scams If you fall victim to any of the above scams, you're likely to be placed in a so-called "sucker list" and be called again by someone promising to get your money back for a fee. Be careful not to lose more money to this common practice. Even law enforcement officials can't guarantee they'll recover your money.
Travel Packages "Free" or "low cost" vacations with hidden costs, such as exorbitantly high prices for hotel or airfare. The total cost may run two to three times what you'd expect to pay or were told. Some "bargain" vacations never happen at all.

Defensive Moves

In addition to knowing about the Telemarketing Sales Rule, it's a good idea to keep the following tips in mind whenever you hear a phone solicitation:

Telemarketing Sales Rule

The Federal Trade Commission's Telemarketing Sales Rule requires certain disclosures and prohibits misrepresentations. It gives you the power to stop unwanted telemarketing calls and gives state law enforcement officers the authority to prosecute fraudulent telemarketers who operate across state lines.

The Rule covers most types of telemarketing calls to consumers, including calls to promote goods, services, "sweepstakes," and prize promotion or investment opportunities. It also applies to calls consumers make in response to materials received in the mail, or offers received through the Internet.

It can help you determine if you're talking with a legitimate telemarketer or a scam artist.