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FCC Proposes Fining AT&T Over DNC Violation

simoniker posted more than 10 years ago | from the delightful-implementation dept.

Privacy 392

Iphtashu Fitz writes "The FCC has just announced a proposed $780,000 fine against AT&T for violating the recently enacted Do Not Call telemarketing rules. The FCC charges that AT&T marketers called 29 consumers on 78 different occasions after those consumers had signed up on the Do Not Call list. The FCC has posted a press release (pdf) to this effect on their web site."

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392 comments

Don't call... (-1, Offtopic)

Anonymous Coward | more than 10 years ago | (#7380532)

my ass... I want a don't spam list.

Ooooooh YEAH baBY! (-1, Offtopic)

Anonymous Coward | more than 10 years ago | (#7380545)

Woo Woo Woo!

Good - let's get this tested right away (3, Interesting)

djh101010 (656795) | more than 10 years ago | (#7380552)

Glad to hear that there is an enforcement of the DNC happening...getting legal precedent set is important, so that we know that the law is truly in force.

On a practical note, this way when the telemarketers call, we can know that we're dealing with a felon, and proceed accordingly.

Re:Good - let's get this tested right away (-1, Flamebait)

Anonymous Coward | more than 10 years ago | (#7380613)

On a practical note, this way when the telemarketers call, we can know that we're dealing with a felon, and proceed accordingly.

Yeah when I tell them to "go fuck themselves" and then slam the phone down within 10 words of their BS pitch, I'll now do it REALLY HARD.

Re:Good - let's get this tested right away (2, Informative)

Carnildo (712617) | more than 10 years ago | (#7380666)

Yes, I know you're joking about the "felon" part.

For those who don't get it: technically speaking, calling someone on the DNC list isn't a felony, it's a civil infraction.

Re:Good - let's get this tested right away (4, Insightful)

djh101010 (656795) | more than 10 years ago | (#7380755)

And actually, this being a civil rather than a criminal matter makes proving the case that much easier - instead of "Beyond a reasonable doubt", it has to be proven "By a preponderance of evidence".

To put that into perspective - OJ was found "Not Guilty" in a criminal court, because it wasn't proven beyond a reasonable doubt that he did it. The civil court proceedings, however, found him guilty "By a preponderance of evidence". So, by one standard he's not guilty, by another he is guilty. At the end of the day, he killed 'em, but the case wasn't good enough to prosecute criminally.

For our purposes of the DNC list, I would think that this will make nailing the slime who try to weasel through the loopholes easier...we don't have to prove beyond a reasonable doubt that they're a weasel, we just have to show through a preponderance of evidence that they are a small, furry mammal of the Mustelid family, behaving in a weasel-like way.

The preceeding is noted as being gratuitously insulting to weasels, for which I apologize.

Re:Good - let's get this tested right away (-1, Troll)

Anonymous Coward | more than 10 years ago | (#7380831)

Your name rhymes with "dildo."

Re:Good - let's get this tested right away (3, Insightful)

Liselle (684663) | more than 10 years ago | (#7380672)

Of course, this just means that telemarketers will start using the well-known loopholes that allow the other 20% of calls to get through. I've already gotten several calls from "charities" and "fundraisers" that were actually trying to sell you something, ultimately, just not at that exact second.

Sneaky bastards, telemarketers are.

Re:Good - let's get this tested right away (2, Insightful)

Randy Wang (700248) | more than 10 years ago | (#7380778)

What in hell's name were they thinking? $780'000?

Please tell me how thats a deterrent to something like AT&T?

Re:Good - let's get this tested right away (3, Insightful)

hazem (472289) | more than 10 years ago | (#7380883)

It has to come from some manager's budget... he definitely won't be getting a bonus.

Plus, they most likely did not get $780,000 in returns from those calls. A part of the business that is bleeding money, with no real anticipated return is likely to be cut off.

Re:Good - let's get this tested right away (1)

Mengoxon (303399) | more than 10 years ago | (#7380902)

780,000 US$ that's a cool 10,000 US$ per phone call. I can see the VP of Marketing explaining that to the President: "We have this new marketing campaign, each point of contact costs only 10,000 US$, based on an average annual profit on one customer of 100 US$, we get a superb ROI of 100 years - presuming we can turn every point of contact into a customer!"

It doesn't have to hurt to work...

can you hear me now? (0)

Anonymous Coward | more than 10 years ago | (#7380554)

can you hear me now?

I guess not...

Protect Personal Privacy! (5, Insightful)

dukeluke (712001) | more than 10 years ago | (#7380560)

Personally, I support the DNC list - I hate being interrupted at all hours of day or night for solicitations. My motto? - If I want your product/service - I'll come to you to find out what you have to offer.

Re:Protect Personal Privacy! (5, Insightful)

jfengel (409917) | more than 10 years ago | (#7380819)

I mostly support you on this, but not quite completely. I am the owner of two small businesses, and a small business finds it very hard to get the word out about its existence. If you don't know it's out there, you won't go looking for it.

Everybody knows AT&T, and as far as I'm concerned they should pay the maximum penalty plus an idiot tax for doing precisely what they've been told not to do. But I wish I could find a way to get in contact with the many people who would probably come see the plays that my theater troupe puts on if they only knew it existed.

I'm not trying to claim that I'm going to try telemarketing for that; I wouldn't even if it would be cost-effective. I'm not even proposing that telemarketing should be allowed at all. It's an obvious violation of privacy, as well as being obnoxious, and if obnoxious is all you've got, give up. I'm just challenging one of your assumptions, that "I'll come to you to find out what you have to offer."

For myself, I'll keep trying the old-fashioned way: putting on good theater and hoping that eventually positive word of mouth will bring people out to see it, and being grateful that I'm not expecting to make a living off of it.

(And passing up the crass opportunity to get myself modded down by putting the URL for my theater group on Slashdot. Not that I won't get modded down anyway for explaining, if not excusing, some telemarketers.)

Re:Protect Personal Privacy! (-1, Troll)

Anonymous Coward | more than 10 years ago | (#7380913)

My motto? "Fuck Lotto". I'll get the 7 digits from your mother for a dollar tommorrow.

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HOLY COW!! (1)

Evil MarNuke (209527) | more than 10 years ago | (#7380563)

The FCC isn't messy around when they give it dry!!

Re:HOLY COW!! (0)

Anonymous Coward | more than 10 years ago | (#7380769)

Someone set us up the bomb!

Hooked on phonics worked for you!

just wait (0)

Anonymous Coward | more than 10 years ago | (#7380564)

let them email me at netdemon@netdemonz.com

i'll take care of them

me and my alien death ray

This could be wonderful, but it could backfire (5, Insightful)

FreeBSD Goddess (721137) | more than 10 years ago | (#7380567)

I say this is great because if AT&T gets fined, it shows that nobody's above the rules and will send a message to all the smaller telemarketers who might be tempted to ignore the DNC. It's nice to know that nobody, no matter how big or small, is above the rules.

On the other hand, as we all know, the DNC is hotly contested in court as possible free speech violations, among other things. I don't think the courts really care about the small telemarketer and their rights, but someone with the size, lobbying ability, and lawyer teams that AT&T has really could put up a good fight to the law.

It's a nice precedent to see AT&T fined for this, but I hope it doesn't backfire.

Re:This could be wonderful, but it could backfire (2, Insightful)

gooru (592512) | more than 10 years ago | (#7380658)

How could this possibly backfire? As far as I'm concerned, small telemarketers need to follow the rules, too.

Or, do you mean this is a free speech violation? Just because you have freedom of speech doesn't mean I have to listen. I also have the right to freedom from your speech.

Re:This could be wonderful, but it could backfire (1, Insightful)

Anonymous Coward | more than 10 years ago | (#7380713)

Uh, I meant someone with a lot of lobbying power and many lawyers - a giant corporation like AT&T - is much better equipped to fight this than your ordinary telemarketing firm. It's a possibility that AT&T could convince a judge in some jurisdiction that's favorable to them that the DNC list should be overturned. I hope it doesn't happen, but unfortunately, if you have enough money, you can usually buy your way around the law.

Re:This could be wonderful, but it could backfire (1)

larry bagina (561269) | more than 10 years ago | (#7380868)

Maybe you just crawled out from under a rock?


About a month or 2 ago, a telemarketting group filed a lawsuit against the DNC list. A judge ruled the FCC did not have authority to setup the list. The next day, congress passed a law (only 3 reps voted against it) giving the FCC such authority.


50+ million phone numbers are signed up. No amount of lobbying could convince the FCC or congress to repeal it. ATT's only option is in the courtroom. Currently, the constitutionality of it is in appeal (the list may be enforeced since the judge felt the telemarketers would ultimately lose). ATT's only option is to appeal in order to negotiate a lower settlement.

Re:This could be wonderful, but it could backfire (3, Insightful)

mopslik (688435) | more than 10 years ago | (#7380667)

On the other hand, as we all know, the DNC is hotly contested in court as possible free speech violations, among other things.

I could never understand why it's being pushed as a free speech violation so much. If I stood outside someone's house every night, shouting my own personal philosophies, I could easily be arrested for disturbing the peace. If that person sound-proofed their windows, I couldn't appeal to some higher authority about my freedom of speech being violated. Telemarketers, however, are free to call me every other day at dinnertime to try and flog their wares.

Yes, people have a right to speak, but that doesn't mean I have to listen to it. I should also have the right to "ignore" what's being said.

Re:This could be wonderful, but it could backfire (2, Interesting)

dukeluke (712001) | more than 10 years ago | (#7380828)

Right On!

Who has the right to 'steal' from me? Don't we have a law against the theft of money? Or, are we all too lazy to itemize our phone bills and realize that yes - we paid a few pennies here and there because of some Telemarketer... If we have a DNC list - and someone breaks that list - I believe the FCC, in the best interest of citizens abroad, should fine that company.

Yes - I believe in Freedom of Speech - but, I also believe that I have the freedom to be left alone and not terrorized by companies. I also believe that if I ask you not to bother me - a restraining order - and you break that order, then you should be fined/jailed.

Let's All Ban Together and Support our PERSONAL PRIVACY!

Re:This could be wonderful, but it could backfire (2, Interesting)

larry bagina (561269) | more than 10 years ago | (#7380923)

Because the FCC is discriminating based on content. It's ok to scream out everynight if you're a charity, or a politician, or doing a poll, but it's not ok if you're selling credit cards.

The FCC said that commercial calls were more likely to be fraudulent. There are plenty of charity scams, most politicians are full of shit, and there are a lot of "push polls". Selectively restricting is the problem.

Re:This could be wonderful, but it could backfire (1)

DAldredge (2353) | more than 10 years ago | (#7380695)

Free speech rights?

What right does another have to use something I pay for to send me messages I do not want?

Re:This could be wonderful, but it could backfire (0)

Anonymous Coward | more than 10 years ago | (#7380743)

Have you not paid attention to the attempts by telemarketers to overturn the DNC list on the grounds it violates their free speech? What boulder have you been living under?

Re:This could be wonderful, but it could backfire (1)

DAldredge (2353) | more than 10 years ago | (#7380870)

Yes I have. But that doesn't mean that their arguement makes sense.

Re:This could be wonderful, but it could backfire (1)

roccothegreat (578663) | more than 10 years ago | (#7380735)

Of course, if your OJ Simpson you might be able to get away with it! rocco

Re:This could be wonderful, but it could backfire (0)

Anonymous Coward | more than 10 years ago | (#7380825)

Go back to luring 14 year old boys on IRC you sick fuck. Everyone knows you're a man.

Re:This could be wonderful, but it could backfire (1)

nakedbonzai (618338) | more than 10 years ago | (#7380898)

I think the whole violations of free speech is a bunch of hooey.

If I put a restraining order on some person who has been harassing me, is that really violating their freedom of speech?
Any judge would most likely laugh at the person who would use that as a defense.

Not the "Do Not Call" list (5, Insightful)

monkeydo (173558) | more than 10 years ago | (#7380568)

This is NOT about the federal "Do Not Call" list.

The Commission found that AT&T apparently made telephone solicitation calls to 29

consumers on 78 separate occasions after those consumers had requested that AT&T not call
them again
. The Commission therefore concluded that AT&T had apparently violated the FCC's company-specific Do-Not-Call rule, section 64.1200(e) of the Commission?s rules.


This is based on the rules that have long been in place that you can request that a company put you on their internal do not call list.

Re:Not the "Do Not Call" list (1)

Carthain (86046) | more than 10 years ago | (#7380633)

And yet the article claims:
WASHINGTON Nov. 3 --
Federal regulators are proposing their first major penalty against a company for violating the "do not call" list for telemarketers: a $780,000 fine against AT&T.

Re:Not the "Do Not Call" list (3, Insightful)

Enry (630) | more than 10 years ago | (#7380749)

There's two different things here.

The Telco act of 1996 required that telemarketers maintain a Do-Not-Call list of their own. If a person was called and asked to be added to the list, the telemarketer had to add the person to that list and amek sure said person was never called again.

The Federal Do-Not-Call list is an extension of that. It has a list of people who are on everyone's Do-Not-Call list.

Given the Federal Do-Not-Call list has only been active for a month and the FCC has been investigating AT&T for 'several months' (read the PDF), that would imply that AT&T is violating the first instance of the Do-Not-Call list.

Re:Not the "Do Not Call" list (4, Informative)

dtfinch (661405) | more than 10 years ago | (#7380662)

If I remember correctly, in addition to creating the do not call list, the bill also patched up some loopholes that allowed telemarketters to continue calling after being asked to stop.

No, nothing like that was enacted (0)

DiveX (322721) | more than 10 years ago | (#7380903)

Once you make a DNC request, the company is not allowed to call you for 10 years. That is as straight forward as it gets.

The part where it gets interesting is that you cannot bring about your own private right of action unless they call you at least twice, in violation of your DNC request, within a single 12 month span. So only on a third call, assuming that you had made the demand at least twice before, can you sue, however you can bring about action for all the violations once your private right of action exists. The most recent FCC M&O did not change the rule.

Here is the URL for the spanking that FCC is giving AT&T. http://www.fcc.gov/Daily_Releases/Daily_Business/2 003/db1103/FCC-03-267A1.pdf

For those keeping up with such things, there is a good footnote for those against junk faxers.

#23 :"... We note, however, that unsolicited facsimile advertising is unlawful under section 64.1200(a)(3) of our rules even when a consumer has not requested that such transmissions be halted."

79 ehh? (-1, Redundant)

Anonymous Coward | more than 10 years ago | (#7380569)

So 29 consumers were called 79 times, they had the guts to call them more than two times?

I thought AT&T actually ran the DNC list (1)

uiil (413131) | more than 10 years ago | (#7380571)

I guess the left hand doesn't know what the right hand is doing.

Re:I thought AT&T actually ran the DNC list (2, Funny)

An. (Coward) (258552) | more than 10 years ago | (#7380723)

"I'm sorry? You say we called a number that was on the do-not-call list? Hmmm...hold on, let me check. What's the number?"

*click click click*

delete from do_not_call_list where phone_no = '212-555-9364'

"No, I don't see it here. Must be some mistake. That's OK, it happens all the time."

Good. You must enforce it for it to work (2, Insightful)

zapp (201236) | more than 10 years ago | (#7380577)

Having a DNC list is great and all, but if you either can't or don't enforce it, it's worthless.

I'd say AT&T is testing their limits, seeing what they can get away with. If the FCC lets them go on this one, I suspect the DNC list will become pretty useless.

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Excellent (2, Interesting)

GaelenBurns (716462) | more than 10 years ago | (#7380588)

I'm glad to see AT&T being held accountable in particular. I've got a personal vendetta, you see... they called us all the time before the DNC, trying to get us to switch to them as long distance providers. Despite never agreeing to switch to them, we suddenly began recieving bills for long their long distance program. The funny thing is, we never use long distance... that's what cell phones are for. Suckers.

Re:Excellent (0)

Anonymous Coward | more than 10 years ago | (#7380804)

a friend of mine has something like that happen, but it was even dumber. when she got her new phone when moving into a place, it turns out she got a recycled phone numeber with an active calling card on it still. she kept getting calling card charges and they wouldn't take them off. while they where still auguing about them (over weeks with 'fax it in' 'call this number' 'call this number between these hours' games) they sent the bill to collectors. she couldn't get the card canceled because she didn't know the pin or the last 4 digits of the card after the phone number.

Re:Excellent (1)

Shakrai (717556) | more than 10 years ago | (#7380918)

Despite never agreeing to switch to them, we suddenly began recieving bills for long their long distance program

You should request a "PIC Freeze" be placed on your phone line. I didn't know about this until it was offered (for free) by my local teleco. No doubt it was offered because they (Frontier) have their own long distance and don't want you switching but as I understand it all CLECs are required to offer this (for free), upon request. You should do this even if you don't use the long distance, because your CLEC has the right to charge you a fee when you change your long distance provider (likewise, they can charge you a fee to change it back). They are supposed to refund this if you can prove that you were "slammed", but why deal with the hassle?

This site [smartprice.com] has some quick information on PIC freezes.

The funny thing is, we never use long distance... that's what cell phones are for

Aren't they great? I don't even have a landline phone anymore. What's the point?

Buuuuuhhhaaaaaaahhhaaaaaa (-1, Troll)

Anonymous Coward | more than 10 years ago | (#7380590)

yes! Fry the bastards!

Re:Buuuuuhhhaaaaaaahhhaaaaaa (0)

Anonymous Coward | more than 10 years ago | (#7380872)

All the bastards? We're going to need a bigger wok.

TROLLKORE (-1, Troll)

Anonymous Coward | more than 10 years ago | (#7380603)

Captain's Log: My Anus is too Fucking Tight

One day Captain Kirk was maiming his cock with a horseshoe when suddenly Mr. Spock ran up to him and shoved his pointy ear up his butt. "What is this for!" the fag captain said. "FAGS FOR YOU AALL!L!!!" the ancient alien howled as suddenly he farted and Captain Kirk twirled around in a daze and his foreskin twisted and his kidney stones turned into wooden beads. He pulled out his pistol and shot lasers at his chastity belt and suddenly he hurdled his dick into Captain Kirk"s bellybutton and it tore his flesh while Spock fucked his stomach. Kirk hollered out loud and Mr. Spock threw his shoes to the floor and wrinkled his penis until Kirk bellowed out to make it stop. A maelstom of shit whizzed around the ship and suddenly a giant fag appeared out side and the U.S.S. Enterprise went up his butt. "Oh what the hell have you gotten us into NOW!" Captain Kirk said as he oozed a condom back on his dick and put his panties back on. "OOH!H!!!!!!" Mr. Spock started fucking him again and shoved his phazer up his butt. He dissolved his glands and exploded his turds and finally a queer klingon hurdled through the door and smashed Kirk with his butt hairs. A maniac sucked his dick and suddenly Mr. Spock fagged Kirk so hard that his intestines burst open and he died.

Re:TROLLKORE (0)

Anonymous Coward | more than 10 years ago | (#7380636)

this shit is just bizarre .. it must come from some emotionally disturbed 12-year old's journal. Time to get all zero-tolerance on his ass if you ask me.

International telemarketeers (1, Interesting)

Anonymous Coward | more than 10 years ago | (#7380612)


if ATT etc move their callcenters to India/China, will they still be bound by USA law ?

Re:International telemarketeers (1)

UconnGuy (562899) | more than 10 years ago | (#7380708)

IANAL, but I believe so... I am not sure, but AT&T would still have headquarters in the US, plus they do significant business in the US, so they have to abide by the rules. Kind of like the long-arm laws the states and citizens use to sue other businesses in other states (as long as there is significant business done in the state, you can sue another business from a different state in your state)
In this case, do you think they would use AT&T lines and rates and run themselves into bankruptcy? It would be funny if they used 10-10-220 or MCI All Distance to keep costs down!

Re:International telemarketeers (0)

bensgroi (630824) | more than 10 years ago | (#7380768)

yes, because they're still a US business.

now, if some Indian/Chinese company starts trying to sell over the phone, that's when it'll get messy

Re:International telemarketeers (3, Informative)

soft_guy (534437) | more than 10 years ago | (#7380843)

In AT&T's case, they will be bound by US law because they are a US corporation, they have offices here, and they do business in the US. Where the call originates doesn't matter since it is AT&T calling you and they do have control over it.

Even if it is a foreign corporation, the fines will still stick if they have offices here or are licensed to do business in the US.

The case I'm not real sure about is if you were a foreign corporation, did not have offices in the US, and did no business in the US (i.e. were not licensed to sell anything here, etc.) And if that were the case, then why are you calling me since you can't sell me anything?

Also, if you were a complete independent telemarketing company and were hired to do a campaign into the US for someone else, then I don't know what the law would say. Maybe the fines would apply to the company that paid for the ad campaign?

AT&T? (1, Interesting)

dR.fuZZo (187666) | more than 10 years ago | (#7380619)

That's particularly interesting, since isn't it AT&T that was contracted to run the Do Not Call registry? I guess they really have no excuse for not following it...

Re:AT&T? (1)

Mattwolf7 (633112) | more than 10 years ago | (#7380832)

Yeah it was. Maybe they are going to get out of it because technically they did business with them when they signed up on ATTs site, god I hope not...

Before you say this is a lot (4, Interesting)

dtfinch (661405) | more than 10 years ago | (#7380620)

Figure that 1 out of 100 consumers who receive calls in violation of the DNC submit compaints.

Out of 300 who complained (probably slightly less, since some may have complained multiple times), 29 of them were accepted, or about 1 in 10.

So one could assume that for every violation that was reported, investigated, and verified, about 1000 went unpunished.

So the actual penalty comes out to about $10 per actual violation, reported or not.

just to clarify (5, Informative)

antibryce (124264) | more than 10 years ago | (#7380621)

According to this [msnbc.com] article the fine is not for violating the recently enacted DNC list, but rather for violating separate FCC rules. Specifically if someone asks you to remove their name from your list you are required to do so.

What is also interesting is AT&T's reaction in the above article, as I have had telemarketers call me offerring me things like identity theft protection on my AT&T Universal card, yet they aren't at all affiliated with AT&T.

ATT's response (2, Informative)

Styros (144779) | more than 10 years ago | (#7380625)

ATT's press release [att.com] , stating that:

We want to stress that this FCC investigation is not based on the nationwide do-not- call list that went into effect in October. Instead, it concerns claims by customers who believed they were on an AT&T-specific list and received a call they think was from AT&T.

Re:ATT's response (1)

twiddlingbits (707452) | more than 10 years ago | (#7380800)

Calls they *think* were from AT&T? Was someone misusing AT&T's "good name"? We all know it was just an AT&T subcontractor (call center in India ;)) who broke the rules. Please don't fine us FCC we'll make sure it never happens again ;)

I have to admit... (4, Interesting)

Kr3m3Puff (413047) | more than 10 years ago | (#7380626)

I am impressed. The DNC registry has worked for me. I used to get calls all the time. The only people who call now are the bill collectors. I did get one charity, which quickly added me to their DNC list after I queried why they were calling me and I got one real pollster doing a real poll, which I don't actually mind.

The only thing left is for the year to end so that the Must Transmit Caller ID information is in force. I thought it took effect the same time as the DNC, but it doesn't actually take effect to the new year. Anyone automated calling to your house must transmit caller ID information and they have to take proactive steps to actually transmit the information. No excuses.

Re:I have to admit... (0)

Anonymous Coward | more than 10 years ago | (#7380795)

Do you actually owe the bill collectors money? If not, you can report them to the FTC, FBI, etc. for attempted extortion/fraud. It's also worth sending (with proof of delivery) a cease-and-desist letter, in case it's a legitimate collections agency that has made a mistake or purhcased a non-eixtant debt from a con-artist.

GAY NIGGER PICTORAL (-1, Troll)

Anonymous Coward | more than 10 years ago | (#7380629)

Captain's Log: My Anus is too Fucking Tight

One day Captain Kirk was maiming his cock with a horseshoe when suddenly Mr. Spock ran up to him and shoved his pointy ear up his butt. "What is this for!" the fag captain said. "FAGS FOR YOU AALL!L!!!" the ancient alien howled as suddenly he farted and Captain Kirk twirled around in a daze and his foreskin twisted and his kidney stones turned into wooden beads. He pulled out his pistol and shot lasers at his chastity belt and suddenly he hurdled his dick into Captain Kirk"s bellybutton and it tore his flesh while Spock fucked his stomach. Kirk hollered out loud and Mr. Spock threw his shoes to the floor and wrinkled his penis until Kirk bellowed out to make it stop. A maelstom of shit whizzed around the ship and suddenly a giant fag appeared out side and the U.S.S. Enterprise went up his butt. "Oh what the hell have you gotten us into NOW!" Captain Kirk said as he oozed a condom back on his dick and put his panties back on. "OOH!H!!!!!!" Mr. Spock started fucking him again and shoved his phazer up his butt. He dissolved his glands and exploded his turds and finally a queer klingon hurdled through the door and smashed Kirk with his butt hairs. A maniac sucked his dick and suddenly Mr. Spock fagged Kirk so hard that his intestines burst open and he died.

I hate your niggers, I hate you, and I hate your niggers.

This is GREAT! (0)

Anonymous Coward | more than 10 years ago | (#7380654)

Too sad it is an american court and too sad I already know the result.

http://nero-online.org/lastmeasure I FUCK GOATS (-1, Troll)

Anonymous Coward | more than 10 years ago | (#7380657)

Captain's Log: My Anus is too Fucking Tight

One day Captain Kirk was maiming his cock with a horseshoe when suddenly Mr. Spock ran up to him and shoved his pointy ear up his butt. "What is this for!" the fag captain said. "FAGS FOR YOU AALL!L!!!" the ancient alien howled as suddenly he farted and Captain Kirk twirled around in a daze and his foreskin twisted and his kidney stones turned into wooden beads. He pulled out his pistol and shot lasers at his chastity belt and suddenly he hurdled his dick into Captain Kirk"s bellybutton and it tore his flesh while Spock fucked his stomach. Kirk hollered out loud and Mr. Spock threw his shoes to the floor and wrinkled his penis until Kirk bellowed out to make it stop. A maelstom of shit whizzed around the ship and suddenly a giant fag appeared out side and the U.S.S. Enterprise went up his butt. "Oh what the hell have you gotten us into NOW!" Captain Kirk said as he oozed a condom back on his dick and put his panties back on. "OOH!H!!!!!!" Mr. Spock started fucking him again and shoved his phazer up his butt. He dissolved his glands and exploded his turds and finally a queer klingon hurdled through the door and smashed Kirk with his butt hairs. A maniac sucked his dick and suddenly Mr. Spock fagged Kirk so hard that his intestines burst open and he died.

P
Pe
Pen
Peni
Penis
Penis B
Penis Bi
Penis Bir
Penis Birch tree. Hahah, you're all fucks.

Chump change (0)

xtermin8 (719661) | more than 10 years ago | (#7380664)

$780,000 for AT&T? Isn't this just a slap on the wrist for such a big company? Maybe it will frighten the smaller companies into compliance, but I'd rather hear that a large number of smaller violators were being fined, instead of a big player being singled out.

Will the abused get any money? (2, Interesting)

Althazzar (313749) | more than 10 years ago | (#7380684)

The question is will they give any of this money to the people bothered by the calls? They were probably bothered once or twice during dinner, or at some other point of the day, but they took the time to call AT&T about it, and were called anyway... Maybe, just maybe, they will get some of this `pain' reimbursed...

Re:Will the abused get any money? (1)

dtfinch (661405) | more than 10 years ago | (#7380814)

If part of the fines went to consumers, it would create an incentive to make false complaints. It's better to make it a big hassle to complain, with no benefit to the consumer except that warm, fuzzy feeling, and make up for it by having steep fines.

Re:Will the abused get any money? (1)

kryliss (72493) | more than 10 years ago | (#7380911)

The will probably pay out their fine in AT&T Store vouchers the way Microsoft did.

I may be one of the 29 (5, Interesting)

Bruha (412869) | more than 10 years ago | (#7380687)

AT&T Called me about a week after the list was turned on.. of course I got the name and number of the person calling me and then explained that I'm on the DNC list. Would believe she freaked out and asked to not be identified or report her company.

I was like "I've been bombarded by spam from all directions for the last 15 years.. it's on my truck, my answering machine, my email and the d**n phone. You bed your telemarketing arse I'm reporting you."

I did however leave her last name out of the complaint but ya know what.. at work if I screw up the FAA can fine me 10k.. they should be just as careful.

Re:I may be one of the 29 (1)

DrEldarion (114072) | more than 10 years ago | (#7380820)

I've been bombarded by spam from all directions for the last 15 years.. it's on my truck ...

it's on your truck?

Re:I may be one of the 29 (2)

big_debacle (413628) | more than 10 years ago | (#7380912)

A telemarketer should be just as careful as someone who can get fined by the FAA? Hmmm. When's the last time a telemarketer killed a couple of plane loads of people because of a screw up? Oh yeah, never.

I got a call from Dell yesterday... (5, Insightful)

telstar (236404) | more than 10 years ago | (#7380691)

They were calling to sell me broadband access... but they made sure to preface their call with "you recently purchased a laptop from us". As this Do Not Call thing swings into use I forsee the value of knowing who companies sell their products to significantly more valuable than it's ever been. It used to be that only Radio Shack asked who you were ... get used to EVERYONE doing it ... because they'll be able to partner with other retailers and cross-sell products using that loophole in the Do-Not-Call law.

Re:I got a call from Dell yesterday... (1, Informative)

Anonymous Coward | more than 10 years ago | (#7380848)

Even if you have a "pre-existing business relationship", they still have to add you to their own do-not-call list on request. Of course, many of them don't, as this AT&T business demonstrates.

My local phone company (SBC) repeatedly ignored my requests to be placed on their do-not-call lists, but I think they got the message after I reported them to the FTC, FCC and state attorney general.

Re:I got a call from Dell yesterday... (1)

greendoggg (667256) | more than 10 years ago | (#7380855)

Because of things like this, I always gave radio shack and many other companies false information (the cases when I felt there was no benefit to me by giving them my info). Sometimes when I told the clerk at radio shack that I didn't want to identify myself, he actually told me to make something up and give it to him so he could put it into the computer and not get in trouble with his boss. I think that this has helped me at least a little bit in avoiding sales calls and junk mail.

Re:I got a call from Dell yesterday... (1)

BuckaBooBob (635108) | more than 10 years ago | (#7380892)

I would not be shocked to see underhanded practices being used to circumvent the NDC... It needs to be established that the NDC is priority over any other agreement so that we don't get "tricked" into allowing them to ignore the NDC... if it was Due to a pruchase... I would ask them what contract was signed that allows them to violate teh NDC.. or just start questing them about how they obtained your number... Don't answer any of thier questions.. But before you start inform them that the phone is being recored to provide a context for accuracy on thier answers because you will be taking the matter up with the FCC using the recording as proof... That in itself should provide a significant enough red flag for thier records for them not to call you back.. and if they do then you have something to go by.. (if you actually recorded the conversation.)... But typically when someone knows they are being recorded all thier underhanded sneaky tactics are useless.. Also make requests that they remove your number from and Affiliated company and do not pass on your number or any information aswell.

Captain KIRK owns you NIGGER owls! (-1, Troll)

Anonymous Coward | more than 10 years ago | (#7380716)

Captain's Log: My Anus is too Fucking Tight One day Captain Kirk was maiming his cock with a horseshoe when suddenly Mr. Spock ran up to him and shoved his pointy ear up his butt. "What is this for!" the fag captain said. "FAGS FOR YOU AALL!L!!!" the ancient alien howled as suddenly he farted and Captain Kirk twirled around in a daze and his foreskin twisted and his kidney stones turned into wooden beads. He pulled out his pistol and shot lasers at his chastity belt and suddenly he hurdled his dick into Captain Kirk"s bellybutton and it tore his flesh while Spock fucked his stomach. Kirk hollered out loud and Mr. Spock threw his shoes to the floor and wrinkled his penis until Kirk bellowed out to make it stop. A maelstom of shit whizzed around the ship and suddenly a giant fag appeared out side and the U.S.S. Enterprise went up his butt. "Oh what the hell have you gotten us into NOW!" Captain Kirk said as he oozed a condom back on his dick and put his panties back on. "OOH!H!!!!!!" Mr. Spock started fucking him again and shoved his phazer up his butt. He dissolved his glands and exploded his turds and finally a queer klingon hurdled through the door and smashed Kirk with his butt hairs. A maniac sucked his dick and suddenly Mr. Spock fagged Kirk so hard that his intestines burst open and he died.

*_g_o_a_t_s_e_x_*_g_o_a_t_s_e_x_*_g_o_a_t_s_e_x_*
g_______________________________________________g
o_/_____\_____________\____________/____\_______o
a|_______|_____________\__________|______|______a
t|_______`._____________|_________|_______:_____t
s`________|_____________|________\|_______|_____s
e_\_______|_/_______/__\\\___--___\\_______:____e
x__\______\/____--~~__________~--__|_\_____|____x
*___\______\_-~____________________~-_\____|____*
g____\______\_________.--------.______\|___|____g
o______\_____\______//_________(_(__>_\___|_____o
a_______\___.__C____)_________(_(____>_|__/_____a
t_______/\_|___C_____)/______\_(_____>_|_/______t
s______/_/\|___C_____)_KIRK!_|_(___>_/__\_______s
e_____|___(____C_____)\______/__//__/_/_____\___e
x_____|____\__|_____\\_________//_(__/_______|__x
*____|_\____\____)___`----___--'_____________|__*
g____|__\______________\_______/____________/_|_g
o___|______________/____|_____|__\____________|_o
a___|_____________|____/_______\__\___________|_a
t___|__________/_/____|_________|__\___________|t
s___|_________/_/______\__/\___/____|__________|s
e__|_________/_/________|____|_______|_________|e
x__|__________|_________|____|_______|_________|x
*_g_o_a_t_s_e_x_*_g_o_a_t_s_e_x_*_g_o_a_t_s_e_x_*

Third time's a charm (3, Interesting)

Anonymous Coward | more than 10 years ago | (#7380719)

Here's a telemarketing situation where I'm just waiting for the payoff. Our office has several blocks of 100 numbers each, most of which aren't in use and are forwarded to the front desk (because a client may have an old number). Some months ago a mortgage company started autodialing our blocks. Our receptionist went from calm to frothing at the mouth in 60 seconds flat, and eveyone else was getting either a hangup call or a voicemail left for them.

I called the 800 number in the voicemail I personally received, got a manager on the line in record time (it helps if you sound like you want to confirm your satellite recon for the imminent airstrike) and explained that we had a block of numbers, that they were calling ALL of them and to please stop right-fucking-now. I then did the usual bit about do not call lists and a copy of the policy (which I never got). The do not call list was tough, since numbnuts didn't grok the "I have several hundred consecutive numbers" part very well.

The next day they did it again. I got another manager on the line, who was significantly less than understanding about the whole affair. In point of fact, he seemed dismissive of the whole fact that I had complained the day before and tha the was perhaps a bit offended that I was trying to interfere with his attempt to rescue a failing mortgage business. I reminded him about the FCC's $500 per call regulation and he got offended. Go figure. Apaprently the fact that the Federal government might put him out of business wasn't a factor in his worldview. I rang off.

And called the local police department and reported a couple hundred harassing phone calls. I leaned heavily on the second manager's attitude toward my request of the previous day and on his utter disregard for Federal codes covering his business. I named both managers in the complaint. These guys are less than fifty miles from us and in the same state, so it could happen.

We have a case number. Some day they'll screw up, and then a telemarketing manager will do the Perp Walk. I'll be sure to put whatever details I can on a website so we can all share the joy.

"Proposed" ??? (3, Insightful)

seanmeister (156224) | more than 10 years ago | (#7380742)

Why the hell is this "proposed"? It should just be - the law's in place, ATT is violating it, and they should pay the fine - end of story.

Jeezus, I'd love to have a "proposed" fine the next time I get a speeding ticket.

Great (1)

PhoenixFlare (319467) | more than 10 years ago | (#7380763)

Seeing AT&T held to better business practices can only be a good thing, I think, even if it takes a hefty fine for them to see it.

By way of example:

Up until I got a cellphone a few months ago, I had long-distance from them, then decided to shut off the service afterwards. After calling and doing so (and being asked if I wanted service again, in the same breath as they told me they closed the account), it took weeks and three more phone calls (along with 3 more attempts to sign me up again) before my account was finally zeroed out with the last payment i'd sent.

And then on top of that, until just last week I was recieving overdue notices on a balance of $0 and postal letters trying to bribe me into signing up again. Took two more phone calls and an email ripping into them for their practices to finally stop it...Just unbelieveable.

I Am (or should be) one of those "consumers" (1)

istartedi (132515) | more than 10 years ago | (#7380774)

But when I tried to file a complaint the interface was down, then I got really busy and spent a lot less time at home (I suspect the calls still come, they just probably ring out on the answering machine now).

To put the amount of this fine in perspective... (1)

tekiegreg (674773) | more than 10 years ago | (#7380779)

AT&T's quarterly gross profit ending 6/30/2003: 4.129 billion (read the nearest 10Q)
Divide by 90 to get daily revenue (approx): 45.8 mil
Divide 780,000 (the fine amount)into that 45.8 mil and you get 17% of their daily revenue for last quarter...

IMHO that isn't a whole lot...tho that's an FCC warning shot probably :-)

Disclaimer: I'm not the best at math, make your investment decisions elsewhere please :-D

Couldn't happen to a 'nicer' company (3, Interesting)

blizzardsoup (710498) | more than 10 years ago | (#7380783)

I'm not suprised in the least that AT&T got tagged for violating their own (not the FCC) DNC list. They are one of the most relentless telemarketers.

I was getting about a call a week from them when I finally demanded to be placed on their DNC list. Immediately sfter the request, they began calling 2-3 times a week.

When I asked why they kept calling, they lamely said it took 6-8 weeks for the DNC request to be propagated throughout all of their call lists. Only after roughly 8 weeks (and my launching into a profanity laced tirade on each call) did the calls cease.

More DNC scams (0, Offtopic)

stinkydog (191778) | more than 10 years ago | (#7380785)

I got a telemarketing call "from a 501 3c" who was offering me a loan at "a great rate". As this particular "charity" was not listed with the IRS, I reported them for both a DNC violation (calling me) and a fraud violation (claiming to be a charity but not). I hope those a-holes fry.

SD

I agree with Zapp (0)

Anonymous Coward | more than 10 years ago | (#7380788)

If they don't enforce it or lose in court, we're back to square one.

And now you can get fined for swearing at a telemarketer... what the f#$@!?

Captain's Log: My anus is too fucking tight (-1, Troll)

Anonymous Coward | more than 10 years ago | (#7380792)

One day Captain Kirk was maiming his cock with a horseshoe when suddenly Mr. Spock ran up to him and shoved his pointy ear up his butt. "What is this for!" the fag captain said. "FAGS FOR YOU AALL!L!!!" the ancient alien howled as suddenly he farted and Captain Kirk twirled around in a daze and his foreskin twisted and his kidney stones turned into wooden beads. He pulled out his pistol and shot lasers at his chastity belt and suddenly he hurdled his dick into Captain Kirk"s bellybutton and it tore his flesh while Spock fucked his stomach. Kirk hollered out loud and Mr. Spock threw his shoes to the floor and wrinkled his penis until Kirk bellowed out to make it stop. A maelstom of shit whizzed around the ship and suddenly a giant fag appeared out side and the U.S.S. Enterprise went up his butt. "Oh what the hell have you gotten us into NOW!" Captain Kirk said as he oozed a condom back on his dick and put his panties back on. "OOH!H!!!!!!" Mr. Spock started fucking him again and shoved his phazer up his butt. He dissolved his glands and exploded his turds and finally a queer klingon hurdled through the door and smashed Kirk with his butt hairs. A maniac sucked his dick and suddenly Mr. Spock fagged Kirk so hard that his intestines burst open and he died.

Who's profit is it? (1)

MouseR (3264) | more than 10 years ago | (#7380823)

With all the potential revenus from the fines... who gets to profit from it?

It's not like the FCC needs 3/4 of a M$ to stay afloat.

Is the money re-injected in federal-funded communications?

Easy to nail ATT.... (3, Interesting)

MisanthropicProggram (597526) | more than 10 years ago | (#7380834)

because they're so big.

Last week, I got a telemarketer call - yes, I'm on the DNC list. I started slyly asking them,"so, what's the name of your company, again?" Then asked them, "what number are you calling from?"
The lady then freaked-out saying that,"You're oon the DNC list! We're downloading the list now." and gave a bunch of other incredibly stupid reasons why they were breaking the law. In the mean time, I kept repeatedly asking for the number. They never gave it to me.
So, I repported them to both the Federal and the State. And on the State's (GA), I placed in my complaint that the company refused to give me their number.

I have a funny feeling that nothing will come of it, since I didn't get their number.
Which leads me to another issue, how do you file a complaint when these shitheads know to game the system? Is the FCC just going after the big fish in hopes of curtailing the little fry? Which means, the little fry can make calls with impunity?

My 3 cents

Effective strategy for deaaling with telemarketers (3, Insightful)

KojakBang (721296) | more than 10 years ago | (#7380842)

1. Get a Caller ID Box. Your telco probably will charge you a fee for sending the information, since as they see it, you might decide not to answer the phone based on who is calling and therefore they will not earn the connection charge on the call. 2. Block Withheld Numbers if you live in a jurisdiction where withholding your number is still legal. Your telco probably will charge you for this, but it's worth it. {before I had mine blocked, I used to say to Number Withheld: "Are you a paedophile? Because your number is withheld." That saw them off. On my mobile, where there is no such service available, I have to resort to doing an impression of a recorded announcement: "Anonymous calls are not welcome on this line. If your business is important you may ring back without withholding your number. Goodbye." 3. Don't say anything if you don't recognise the caller's number. This spins them out, because they think it could be an answering machine. A legitimate caller will ask for you by name. A sleazeball telemarketer will just hang up. 4. Ask them how they got your number. This distracts them from the purpose of the call and maybe gets them into an infinite loop. 5. If all else fails, remember that it is your line, and you are under no obligation to be polite with unwanted callers. Any obligation of politeness would fall on the originator, not the recipient. I think the best solution would be for the do-not-call list to be in the phone directory, by placing a symbol next to the numbers of people who did not wish to receive unsolictited sales calls. I'm not so anti-social that I'd consider going ex-directory, because that would jeopardise things for people who might have a legitimate reason to call me {and because I like looking up my name in the new phone book every 18 months or so, it gives me a kick without harming anyone else}. Having the "do not call" list in the phone book itself would be almost foolproof. Everyone with a phone line gets the phone book, so there would be no shortage of witnesses to the fact that your number was on the list. The only downside is that you might have to wait till the new directory was published in order to get your name properly DNC'd. But the telemarketing companies could be made to subscribe to an update list as a condition of their operating licence.

What's worse... (1)

0x12d3 (623370) | more than 10 years ago | (#7380853)

I hipped up to the "put me on your do not call list" trick a long time ago, but recently I started getting woken up (I work late shift) by recordings...long ones! What's at the end???!? "leave your number if you would like to be called by a rep. at a later time concerning this offer". Great so I can either get called by another equally annonying call the next morning or I can request a call from a rep. at which time I will be added to their explicit "Call" list.
Has anyone else experienced this??
How have you handled this?

DNC list... (1)

DraKKon (7117) | more than 10 years ago | (#7380857)

I've told a few telemarketers that the number they called was on the Do Not Call list... and they all said, you have to tell us you are on the DNC list.. That's horse crap right? Do they have acccess to the list?

Big Brother has Benefits (4, Funny)

serutan (259622) | more than 10 years ago | (#7380877)

If we have to have a Big Brother (which apparently we do), at least it's nice to have one that will beat up people who keep bothering you.

Wielding their Mighty Sword (1)

snevig (555801) | more than 10 years ago | (#7380878)

Someone posted the opinion that $780,000 is just a slap on the wrist for a company as big as AT&T. Somehow, I doubt that AT&T will agree with that sentiment. IMHO, a fine of $10,000 per phone call is excessive. Perhaps the FCC has previously warned AT&T to honor DNC requests; the article fails to mention this fact & I couldn't be bothered to read the FCC's press release. If they've never even warned AT&T in the past, this is overkill. I'm not a big fan of AT&T, not for that matter the FCC... I'm just of the opinion that the punishment should fit the crime.

Brief Explaination (1)

KojakBang (721296) | more than 10 years ago | (#7380891)

A quick Google search turns up the history [abuse.net] . To summarize, it's a matter of whether or not commercial interests have the same rights as citizens. The Nike case that the Supreme Court recently dimissed highlighted very passionate arguments from both [reclaimdemocracy.org] sides [yourpropertyrights.org] of the issue of Corporate Personhood.

The DNC does restrict speech. It restricts the ability of a telemarketer to call you up and talk to you. "Free speech" in its most literal form cannot be taken to mean anything different. However, the Supreme Court has ruled numerous times that several forms of speech are not protected. Libelous or slanderous speech is not protected. Speech that leads directly to physical harm, such as the classic "yelling, 'Fire!' in a crowded theater" is not protected. Speech that somehow violates your property rights, such as political or religious campaigning on your doorstep or in your house is not protected. For many years, neither was commercial speech in many ways, and discrimination of content based on the fact that it is commercial in nature has been allowed. This is the discrimination that the telemarketers seek to attack.

I don't see much news here... (1)

ldm314 (105638) | more than 10 years ago | (#7380920)

Law was passed saying don't call people on the DNC list, or get a $10,000 fine. AT&T repeatedly called people on the list, AT&T gets fined. What could be simpler?
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