What's not covered: pretty much what you'd expect, like robocalls from political groups, charities, and debt collectors. If the caller isn't trying to sell you something, it doesn't fall under FTC jurisdiction. (Things like flight and prescription alerts are also allowed.) We think political callers are trying to sell you something—a big fat pie made of lies, usually—but apparently the FTC doesn't see it that way.

So beginning next Tuesday, if you receive an auto warranty or other telemarketer robocall, feel free to turn them in to the FTC:

Consumers who receive an unauthorized call starting Tuesday can file complaints with the commission online at www.ftc.gov or by calling (877) FTC-HELP.

"FTC bans most robocalls" [Los Angeles Times]
(Photo: M. Janicki)

Such is the plight of David, who is being hassled by cyborg creditors of his phone number's previous owner. He writes:

For the past couple of years we have been receiving calls from a half dozen assorted credit collection (or similar) agencies asking to speak to Mr. Donald (redacted). Generally we ignore the calls b/c if we don't know the caller Id we don't pick up, and they just leave a message. Occasionally I'll recognize one of the #'s, b/c they call so much, so I'll answer and tell them that Donald Orlando doesn't live here, never has lived here (at least in the 6 years I've lived here), and to please remove us from any and all lists.

But I'm guessing that his collection then gets sold to someone else who starts calling over and over, etc... Is there any way to permanently make these calls stop? Is there some way to convince 'someone' that they have the wrong phone # for this person? So that even if the collection gets sold, or someone new takes up the case, that they'll know they have a bad phone #?

The you can opt out of the calls, although that's only if the caller is playing by the rules and you manage to suffer through the entire message in order to hear the proper escape instructions. Otherwise I'd say a steady diet of call screening and possibly changing your number may be in order. If all else fails, you can always jack into the Matrix, learn kung fu, enlist the help of blade runners and bring the fight to Skynet.

Have any of you been in David's situation and managed to find your way out?

(Photo: bjornmeansbar)

It took three calls from CVS' automated reminder service for me to realize what was going on: CVS Pharmacy was refilling our prescriptions without our asking for them to be refilled, and then their automated dialer was calling us to notify us that we had a prescription waiting. Nobody in my family requested to have a prescription refilled, yet three times CVS called us to tell us to come and pick up our prescription.

Bill is not impressed by this service, which CVS calls "Ready Fill" and which is intended as a convenience both for the customer and the pharmacy. He writes,

When my wife went in to our local Washington, DC CVS to ask about this she was told 1) a lot of people are complaining about CVS' auto-notification system, 2) there's nothing they can do about the robo-caller since it's a system that the company, not this store, initiated, and 3) the doctor wrote these prescriptions with instructions that they be automatically refilled. Say what? Our doctor did no such thing – he didn't write the prescriptions with instructions that they automatically be refilled every 30 days. (One of the medicines was a seasonal allergy medication that obviously wouldn't be refilled in the winter.)

We couldn't find much information about Ready Fill on the CVS website, but this post on a student doctor forum suggests that it's opt-in, but that a lot of times the program isn't sufficiently explained to the customer when he opts in. (We imagine it's also possible that some CVS pharmacies opt in their customers automatically, but we hope that's not the case.) There are also problems with unwanted refills when a prescription changes. Here's the forum post:

If a patient has a monthly prescription that has refills, s/he is eligible for readyfill. This means that in our system we will automatically fill the prescription without us having to call the patient or the patient having to call us to ask for a refill. Basically a few days before the patients prescription runs out, our computer will tell us to fill the rx so all the patient has to do is come in and pick it up. Readyfill is meant to help people who sometimes don't call in their refills till the last minute or people who sometimes just forget to call their refill in.

But truthfully readyfill, from what i have noticed, brings up more problems than it solves. I get a lot of people who say they want readyfill but 1 month later they're angry/confused as to why they are getting an automated call about a prescription being ready that they never called in. Also if there is a dosage change, or a prescription is no longer being taken, or a patient has changed pharmacies, someone has to notify us to take it off or that rx will still be on readyfill and we'll get the angry/confused calls.

So here's the deal: if you get your drugs at CVS and don't want the Ready Fill experience, pay them a visit and ask to have it removed/turned off. If you like the convenience of not having to remember to get your prescriptions refilled, don't forget to contact them if the prescription changes before you're out of refills. And if they won't or can't turn it off and you don't want it, take your prescriptions somewhere else.

(Photo: Lee Nachtigal)

I just received my second call in two days on my cell phone from the "National Health Care Association." It was one of those recorded calls that almost sounds clear enough for you to think it's a live person talking, but it's just a recording. A "Sam Parker" left the recorded message in my voicemail saying that I was prequalified for a National Health Care plan for $3/day, blah blah blah. He left a number, 877-827-7861. I really can't believe that these companies are preying on the uninformed people who more than likely think this is some new government program. I just wanted to give you guys a heads up on this and maybe you can remind people that this is a scam. Also, I googled it real quick and came up with this on Ripoff report.

I also just looked them up on the BBB website and this appears to be them, with a rating of F and some contact info.

I can't verify that this is the same business, since "National Health Care Association" is a rather common name that tries to sound legit, but the pieces do fit.

BBB Reliability Report for A V A Marketing [BBB of Upstate NY]
Report: National Health Care Association

(Photo: alexkerhead)

Judge John F. Grady of the United States District Court for the Northern District of Illinois issued a temporary restraining order against Voice Touch, as well as a business partner, Network Foundations, from making further calls. He also issued a separate temporary restraining order against Transcontinental.

Also named in the restraining orders are Christopher D. Cowart, the owner of Transcontinental; James and Maureen Dunne, the owners of Voice Touch; and Damian Kohlfeld, an owner of Network Foundations.

In freezing the companies' assets, the court also appointed receivers over Transcontinental and Network Foundations to ensure that documents are preserved and assets are not dissipated. The restraining orders are in effect until a preliminary injunction hearing set for May 29.

Really, restraining orders? Injunction hearings? C'mon, judiciary! FTC Chairman Jon Leibowitz called this "one of the most aggressive" telemarketing schemes ever. They're witches, plain and simple. Burn them!

Judge blocks 'robo-calls' selling car warranties [AP]

According to the Los Angeles Times, Senators Chuck Schumer (D-NY) and Mark Warner (D-VA) have asked the Federal Trade Commission to investigate the scammers, and they expect that charges will be filed in a few days. The FTC also added an auto warranty scam alert on its website, with a link to report the caller.

After a Reddit user got the phone number for the company and posted it online for all to see, we figured that the car warranty scammers would be subjected to all the fun things we read about on Encyclopedia Dramatica. That apparently wasn't enough, though, and the robocalls continued, eventually interrupting Senator Chuck Schumer during a meeting. We're hopeful that with the FTC taking it seriously, these robots will finally be defeated.

(Photo: Jeff Sandquist)

So who's behind the robocallers? Here's a list compiled from WirelessWeek and ComputerWorld articles. The first two were the ones involved in the $50k settlement with Verizon; the other three have been named in a similar, unrelated suit filed in New Jersey Superior Court.

• National Auto Warranty Services
  100 Mall Parkway
  Wentzville, Missouri, 63385
  800-649-1856
• Explicit Media - based in Florida; website says they're out of business
• Dealers Warranty (dba Federal Auto Protection) - based in Missouri
• National Dealers Warranty - based in Missouri
• Tele Europe, B.V.
  Papaverweg 34 34 West Higgins
  1032KJ Amsterdam 1032KJ Amsterdam
  Tel. 0206367275 0206367275

"Verizon Files Another Suit Against Telemarketers" [WirelessWeek] (Thanks to CZ!)
"Verizon pursues illegal autodialers" [ComputerWorld] (Thanks to Rob!)

RELATED
Joyful Heart Foundation
'Velveteen Rabbit' Robocallers Pay $25,000 To Settle Lawsuit
"Who The Hell Are These People Calling My Cellphone About A Car Warranty?"
(Photo: atp_tyreseus)

By the way, you can reach the NDVH quickly from any Verizon phone by dialing #HOPE.

"Verizon Settles Telemarketing Suit for $25K" [PC Magazine]
(Photo: cole24_)

RELATED
"Verizon Wireless Sues 'Velveteen Rabbit' Telemarketers"

Save the number (I save it as "Z Douche" so it sorts to the bottom of my contacts list and makes me laugh) and assign it a silent ringtone. Similar calls from other numbers can be assigned as Z Douche's second cell phone or landline or whatever. Typically they call from a handful of numbers repeatedly.

It doesn't solve the problem, but it makes it much less annoying and doesn't burn your minutes.

PREVIOUSLY: Who The Hell Are These People Calling My Cellphone About A Car Warranty?

Here is one such email from reader Jamie:

Have you guys heard anything about the telemarketers calling cell phones wanting to sign you up for an extended car warranty?

It is ridiculous the amount I'm getting on both my personal cell phone and work cell phone. I Google the phone number, different each time, and find that others are getting the same calls. They never leave a message and there IS someone there to answer if you choose to talk with someone.

It appears that it doesn't matter if you are on the Do-Not-Call list or ask them to take you off their list, they keep calling.

Have you heard of this?

Yes, in fact, we wrote about AT&T's attempt to sue the people behind these calls, but no one seems to know who they are because they spoof their phone numbers— and the government doesn't seem to care. We also asked the BBB if they knew who was behind this robot army and they didn't. It is a total mystery.

If you know who they are, tell us about it at tips@consumerist.com. Put "Car Warranty Robocaller" in the subject.

(Photo:dancoulter)

AT&T Mobility said one number alone - 800-219-7425 - made more than 13 million calls to wireless numbers through telecom carriers Paetec Communications, Global Crossing and MCI Inc./Verizon Communications Inc. AT&T said it will need to subpoena those companies and others to determine the owner and operator of various spoofed phone numbers.

Although the calls are a violation of the Telephone Consumer Protection Act, the government hasn't done much to put a stop to them:

Elizabeth Lordan, a spokesperson at the Federal Trade Commission, said such telemarketing also appears to violate the agency's Telemarketing Sales Rules governing the National Do Not Call Registry. Lordan said she is not aware of any completed FTC investigations involving autodial-based extended auto warranty telemarketing. Lordan also said she was unable to say whether the FTC has any probes in progress.

Rosemary Kimball, an FCC spokesperson, said the agency could not immediately provide data on consumer complaints about such telemarketing. Kimball said she was not aware of any FCC enforcement actions on extended warranty telemarketing.

"AT&T Mobility lawsuit tackles autodialing telemarketers, claims ‘annoyance and intrusion'" [RCR Wireless]
(Photo: Seth W.)

Leverage Connections will call you with a recorded message that says they're calling about your credit card, and to push 1. If you fall for that and push the button, you're connected to a commission-only employee who's been told to hang up immediately at the first sign of critical thinking. This includes trying to finish the sentence, "Do not call me again."

If you're the gullible type, however, they'll keep you on the phone and tell you how they can lower your credit card rate... for a fee. What they do, it turns out, is contact the credit card company and ask for a lower rate on your behalf.

Yes, this is the same thing you can do on your own. They'll charge you around $1000-1500 for this service.

A reader wrote to us,

I have received 2-3 calls a week for over a year now. I have filed numerous, useless, complaints with the FTC, the Florida AG's office, the California AG's office ( I reside in CA) and the Florida Dept. of Agriculture and Consumer Services. All to no avail. This company called me yet again this morning.

A person who claims to have worked for them says they hire off of CraigsList and "magic marker signs" around town. The interview consists of being asked if you can sell, and if you say yes you're put on the phone (and told to hang up if the people on the other end start asking questions). He points out, "Thus, anyone could have access to your private information." He also says,

I understand they're an automated system that will call anyone and everyone, mostly elderly, and even those on the "do not call list." We just hung up on everyone who did not say yes and hitting the #2 does nothing. There is nothing to stop the calls. We just hang up on any person who didn't sound like they were interested.

Another person on the same forum says he contacted Leverage Communications via their toll free number:

I spoke to "Eli" who told me that they do not have to abide by DoNotCall regulations because they only leave a message - and by selecting the option you are actually calling them. He claims they are working on behalf of the major credit card companies.

...They have been calling me up to three times a week for the past year.

So will their calls dry up come December 1st, 2008? We doubt it, but they'll be in direct violation of the telemarketing sales rule if their recorded messages don't lead off with a working option to end calls from their company. Make sure you take careful notes of when they call and whether or not they offer an automated option to get off the list, and file a complaint with the FTC if you need to.

(Thanks to Michael!)
(Photo of telephone: Getty)

Of course, there are still exceptions.

Health care-related calls subject to the Health Insurance Portability and Accountability Act of 1996 are still allowed, as are charitable fundraising robocalls made to members of the nonprofit charitable organization for which the call is placed, or to people who previously donated to it. The fundraising calls must still include an automated opt-out, however.

The strict limits won't stop robocalls from political campaigns, either."Political calls are not placed for the purpose of inducing purchases of goods or services, and therefore are not 'telemarketing' within the meaning of the TSR," the FTC notes in a footnote of the amendment.

If you feel plagued by telemarketers, try the tips in our past posts for getting them to stop calling your, or for dealing with them effectively when they keep doing it.

"FTC all but bans robocalls" [CNET] (Thanks to Jason!)