Telemarketer calls keep coming despite safeguards

BY JULIE DELCOUR Associate Editor
Sunday, December 04, 2011
12/04/11 at 3:13 AM


When Mike, the snarky telemarketer, called during the dinner hour to tell Tom Mabe he’d been chosen to receive a free, deluxe, digital satellite system, Mike got the shock of his life.

Telemarketer Mike: May I speak to Tom Mabe?

Voice on the other end: Let me ask you something: Did you know Tom Mabe?

Mike: No, I’m just calling to offer Tom a …

Voice: Hold that thought, hold on a second. (Hey, guys, get really good pictures of the body, and dust everything down for prints). You there, Mike? Let me bring you up to speed.

You’ve actually called a murder scene. Mr. Mabe is no longer with us.

I’m Officer Clarke. I’m conducting a homicide investigation. Hello?

Mike: Yeah.

Officer Clarke: I want to ask you a series of questions. First of all – what was the nature of the business you had with Tom Mabe?

Mike: I…I had no business with him. I’m sorry to have bothered…

Officer: I’m going to ask you to stay on the phone, this call has already been traced and we may need you to come in for further questioning.

Mike: You don’t understand. I’m just calling…

Officer: No, you don’t understand.

Unless you want to be charged with obstruction of justice, it is imperative that you keep your --- on the phone. Tell me, where were you last night between the hours of 8 and 10?

The real Tom Mabe actually is alive and well. An entertainer from Lexington, Ky., Mabe lives out a consumer fantasy. For years he’s created and sold revenge-on-thetelemarketer spoofs. His CDs have made him a satisfied man who’s capitalized on the gag reflex most consumers have for telemarketers.

When the Federal Trade Commission solicited public comment about a proposed national Do-Not- Call list more than a decade ago, 90 percent of respondents supported such a list, which was created in 2004.

Oklahoma’s own list went into effect Jan. 1, 2003, with 436,065 households signing up.

As 2011 closes, 650,000 households are on that list — a big number considering that in the intervening years, many consumers have switched from land lines to cell phones.

If all of us hate phone solicitations — my caller I.D. shows 16 such calls in 10 days — why are the telemarketers still around?

Telemarketers will thrive as long as there’s fertile ground. Kudzu is hard to kill. For every hoop solicitors must jump through to operate legitimately, there probably is a matching loophole that they can slither through. Telemarketers continue to exist because consumers keep slopping the hogs. We get guilted into giving to “causes” we haven’t thoroughly vetted. We’re harried and want to get solicitors off the line.

Or, maybe, we like that bumper sticker showing support for law enforcement. We’ve got the sticker but we have no earthly idea how much of the donation went to the honorable cause and how much went to so-called administrative expenses.

We capitulate.

We cave.

We crater.

The truth is, some people don’t mind doing business with telemarketers.

More than 100 million Americans still purchase goods and services over the phone each year.

Telephone marketers rack up more than $200 billion in sales annually.

Federal and state do-not-call lists do work — to a point — weeding out telemarketers who subscribe to the list and honor its intent. Too often, however, lists do not deter scammers who often prey on the elderly and the vulnerable. Solicitors may use technology to conceal the fact that they’re dialing from distant points where the long arm of the law cannot reach.

“We get calls regularly where an elderly parent or loved ones wired money over to Nigeria or South America or some other place thinking they’d won the lottery and were sending the taxes and processing fees so they could claim their prize.

Once the money is wired out of the country it’s not coming back,” said Assistant Attorney General Tom Bates, chief of the Public Protection Unit.

Do-not-call registries also have exceptions, permitting perfectly legal contact from nonprofits or religious groups, political candidates or causes and callers seeking faceto- face meetings. Calls are permitted if the consumer has had a prior financial relationship with the entity — for instance, an alma mater or a credit-card provider.

Consumers also should remember, Bates said, that when they sign up for prizes or other things at fairs or elsewhere, that action can be construed as consent for telemarketers to call later.

If consumers have questions about a charitable group soliciting funds, they can contact the Secretary of State’s office, which often can confirm if an organization is properly registered and can provide reports showing how much of a donation goes to the charity.

While the AG does prosecute some violators, catching disreputable telemarketers is a tough job for investigators, Bates said, given law enforcement’s limited resources.

As a consequence, the most reliable policing tool is a lead thumb flexed by consumers themselves.

Use it.

“The best weapon is prevention. Be very jealous about sharing phone numbers and personal information,” Bates warned. “Sirens need to go off if they ask for that.

Don’t play detective for the AG’s office.

Let’s leave that job to Tom Mabe, aka Officer Clarke.

Julie DelCour 918-581-8379 julie.delcour@tulsaworld.com


Original Print Headline: Gag reflex: Do-not-call lists only go so far

Copyright © 2013, Tulsa World All rights reserved.