Pesky telemarketers at it again - Do Not Call offers little relief

"Your auto warranty is about to expire."

The first time I got that recorded phone call, I tried to figure out which vehicles in my household it could be. Since two were 10 years old and one was almost new, I hung up. The next time, I hung up more quickly, and the time after that.

Consumers in the Bay Area and nationwide have been bombarded with such calls, including people like me who have signed up for the National Do Not Call Registry, which is supposed to prevent most telemarketers from calling your home or cell phone.

Larry Miller of San Francisco says he has received multiple calls in the past month pitching auto warranties and loan products, despite being on the do-not-call list.

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Because he doesn't have Caller ID, "Each time I have waited for the real, live person to come to the phone. I have asked him or her what company they represent. Within seconds, the person hangs up quickly if any question is asked about the source of the call. What's the point of having a do-not-call list if you can't identify the company that's tormenting you?" he says.

The Federal Trade Commission, which operates and helps enforce the registry, says it has received complaints about auto warranty pitches, but won't disclose whether it is investigating them.

Attorneys general in several states have issued alerts about the calls, warning that some could be so-called phishing scams designed to trick people into disclosing credit card numbers and other personal information.

In March, Missouri Attorney General Jay Nixon sued seven companies, most in the St. Louis area, for "misrepresentation and deception" in the sale of auto warranties by mail and phone.

He charged National Auto Warranty Services Inc. of Wentzville, Mo., with violating state law by calling people on the Missouri Do Not Call list and federal law by calling people who had asked not to be called.

Elizabeth Kirkpatrick, a spokeswoman for the company, said it acquired telemarketing lists from credit bureaus but first "scrubbed them" against the registry to avoid calling people on the list.

She says her company, which does business as Dealer Services, stopped telemarketing a few weeks ago because "we have had a tremendous amount of complaints" from people who said they were called by a company or companies using its legal name, National Auto Warranty Services. When consumers tried to call the number that popped up on their Caller ID screens, the calls went nowhere or were disconnected.

John O'Connor, an outside spokesman for National Auto Warranty Services, says the attorney general's lawsuit will be resolved shortly.

"The majority of complaints that have occurred over the last several months can be tracked to rogue companies that we cannot identify that used National Auto Warranty Services and others for phishing expeditions," he says. "They always came from unrecognizable numbers. Our numbers were trackable. They came to us." He adds that the company never made calls to California.

Registry rules

It is illegal for most telemarketers to call individuals who have added their home or cell phone number (but not business or fax number) to the National Do Not Call Registry, with a few exceptions.

People making political calls, taking surveys or representing charities may call people on the list. Even if you ask these exempt callers not to bother you again, they can - except for paid telemarketers representing charities. If you ask them not to call you, they must stop, says FTC spokesman Mitch Katz.

Companies also can legally call people on the registry with whom they have an "established business relationship." Such a relationship exists if you have made an inquiry, application, purchase or other transaction with the company. The relationship ends 18 months after your last transaction or three months after your last inquiry or application. However, if you tell these firms not to call you, they must add you to an "entity-specific" list and stop calling.

Telemarketers must make their phone numbers visible on Caller ID. Providing no number or a fake number is illegal.

Companies also can be fined for "abusive use of auto dialers," Katz says. This happens when a telemarketer sends out tons of prerecorded calls but doesn't have enough people to quickly answer responses.

The FTC can take action against companies that violate these rules, except for banks, insurance and credit card companies. The Federal Communications Commission, which also enforces the registry, could bring actions against those firms, Katz says.

The FTC has brought more than 30 enforcement actions against companies for violating the rules. In 2005, "we got a $3.5 million penalty against DirectTV," Katz says. Recently, it fined telemarketers representing Dish Network $95,000.

Sign-up, complaints

To sign up for the national registry, go to donotcall.gov or call (888) 382-1222 from the phone you want to register. If you sign up online, you will receive an e-mail that must be confirmed before you are registered.

It can take up to 30 days for companies to stop calling you. There is no fee, and your number will stay on the list until you delete it or it goes out of service. You can verify that your number is still registered at donotcall.gov.

If you get a call that violates the rules, you can file a complaint with the FTC online at www.donotcall.gov or with the FCC at esupport.fcc.gov/complaints.htm. Katz recommends filing with both agencies. Or you could send an e-mail to fccinfo@fcc.govor call (888) 225-5322.

Provide your name, address, e-mail address, phone number, the time and date of the call, the name and number of the caller and what the pitch was. If the caller hid his or her identity, give as much information as you can.

You can also file a complaint with your local district attorney, state attorney general or the Better Business Bureau. If the caller was from out of state, consider filing a complaint with that state as well.

"If people in California have information about Missouri-based businesses, they should contact us," says Scott Holste, a spokesman for Nixon's office.