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Home > Consumer Focus Archive > Taking Steps to Protect Your Privacy > Handling Complaints about Unsolicited Mail, Telemarketing and E-Mail
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Consumer Focus: Taking Steps to Protect Your Privacy
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Handling Complaints about Unsolicited Mail, Telemarketing and
E-Mail
Even if you've signed
up for the Direct Marketing Association's consumer preference services to
stop telemarketers from calling or emailing you, you may still need to complain
about a particular company. We've assembled some helpful information to help
you deal with that persistent telemarketer or a case of identity theft where a
criminal has fraudulently used your personal information.
Learn more
about:
Posted: July 16, 2002
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Telemarketing Problems
Tell the caller not
to call you again. The Federal Communications Commission (FCC) Telephone
Consumers Protection Act (TCPA) prohibits telephone solicitation calls to your
home before 8:00 a.m. or after 9:00 p.m. and the telemarketing company may not
call you again at home after you make this request. Anyone making a telephone
solicitation call to your home must provide his or her name, the name of the
person or entity on whose behalf the call is being made, and a telephone number
or address at which that person or entity may be contacted.
You can take action
against entities or persons who continue to call you after you have requested
to be placed on a "do not call" list. Some states permit you to file lawsuits
against the violator, and you may be awarded $500 in damages or actual monetary
loss, whichever is greater. If you have questions about your state laws contact your local or
state consumer protection office or your state Attorney General's office. While
the FCC does not award monetary or other damages, it can give citations or
fines to those violating the TCPA or other FCC rules regarding unsolicited
telephone marketing calls.
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Unsolicited E-mail
There are several websites
that contain tips on how to reduce unsolicited e-mail, or spam. Whenever you
complain about spam, it's important to forward the unsolicited e-mail so that
you include the full e-mail header. The information in the header makes it
possible for consumer protection agencies to follow up on your complaint.
Report your problems with unsolicited
e-mail to the Federal Trade Commission (FTC). If you want to
complain that a "remove me" request was not honored, a removal
link doesn't work, or you're not able to unsubcribe from a list,
you can fill out the FTC's
online complaint form. You can forward a copy a copy
of unwanted or deceptive messages to uce@ftc.gov.
The FTC uses the unsolicited e-mails stored in its database
to pursue law enforcement actions against those people who send
spam or deceptive e-mail.
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Mail
Problems
Unfortunately, it is
nearly impossible to totally stop the delivery of unsolicited mail. The United
States Postal Service can only help you prevent the
delivery of sexually-oriented advertising. But if you believe you're a
victim of fraud and any part of the transaction took place through the U.S.
mail, including the receipt of promotional literature, you should contact the
nearest postal
inspector. You should save all documentation of the transaction,
including postcards, cancelled checks, telephone bills, credit card statements,
and mailing envelopes. If you believe your mail was stolen, report
it immediately to your local postmaster or nearest postal inspector. You'll be
asked to file a formal complaint.
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Identity
Theft
The theft of your
mail may indicate that you are a potential victim of identify theft. Identity
thieves use your personal information such as your social security number,
income information, bank and credit card numbers, and even your name, address,
and phone number to commit fraud or theft such as opening a credit card account
in your name or establishing wireless phone service.
If you suspect you're
a victim of identity theft, there are several steps you
should take immediately before the problem becomes worse:
- Contact the fraud
departments of each of the three major credit
bureaus.
- Contact the
creditors for any accounts that have been tampered with or opened
fraudulently.
- File a report with
your local police or the police in the community where the identity theft took
place.
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Other Resources
This is just a brief
overview. For more information on taking action against privacy violators,
check out these resources from FCIC:
Publications available for
ordering from FCIC:
Websites*:
* Names of
resources and organizations included in this online article are provided as
examples only, and their inclusion does not mean that they are endorsed by the
Federal Citizen Information Center or any other Government agency. Also, if a
particular resource or organization is not mentioned, this does not mean or
imply that it is unsatisfactory.
*If you click on these links, you are leaving FCIC's website. Please
bookmark us before you leave so you can return easily. FCIC is not responsible
for the content of these websites.
July 2002
Revised: December 2005
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