FTC Cracks Down on Senders of Spam Text Messages Promoting "Free" Gift Cards

Gordon,

Not intending to knock you in any way but there might be some misunderstanding as to “declaratory judgment.”
A declaratory judgment, also called a declaration, is the legal determination of a court that resolves legal uncertainty for the litigants. It is a form of legally binding preventive adjudication by which a party involved in an actual or possible legal matter can ask a court to conclusively rule on and affirm the rights, duties, or obligations of one or more parties in a civil dispute (subject to any appeal). http://en.wikipedia.org/wiki/Declaratory_judgment

There are a couple of things worth noting in this posting. First, it was written by Patton Boggs, a law firm purporting to have experience representing clients before the FCC in connection with the Telephone Consumer Protection Act (TCPA). That said, it does appear to be a reasonably well balanced and accurate explanation of the new rule changes issued by the FCC in the context of potential vicarious liability of sellers engaging the services of telemarketers. Essentially, it just bolsters the TCPA a little by allowing the sellers to be added as a party, given the right circumstances.

The TCPA does provide a private right of action with statutory penalties for each violation of the same (I think that it is $750 or something like that) but very few consumers actually pursue a lawsuit against the telemarketer. I have read, some time ago, that there were a couple of law firms filing class action lawsuits against some of the bigger firms.

The biggest problem (and one that makes the Do-Not-Call List useless) is that many of these companies are now calling from overseas, are not subject to US law, and can pretty much do what they like. I regularly get “last and final offer” calls about reducing my credit card debit. Pressing “two to be removed” is useless and just confirms the phone number is valid, pressing “one” to speak with someone and asking to be removed from their list just results in a hang up.      

With regard to your other point. Sorry, I thought that this whole discussion was based on a report that the FTC was now going after these text spammers. Again, my comments are not intended to knock you. And again, the same basic problem remains. Any text message originating from overseas is outside US law enforcement (for the most part).

I got the recorded call today, to my cell phone, from 571-281-0203. Now, that could be faked, I realize, as it is a legitimate local exchange.  I hope they get these people.

Several years ago when I got my first cell phone, I was receiving unsolicited spam text messages and expected to pay for them.  I refused to pay for them and told the cell phone company I would drop their services and refuse to pay the balance of the contract.  They reluctantly dropped the charges and blocked all text messages from and to my number.  I am not now on a contract and BUY  a phone when mine quits working so have no contract to have to pay out. I go to a store that sells refurbished cell phones. They don't like it but I tell them I lived without a cell phone before and can do so now if needed.  They comply with my wants if they want my monthly payment for cell phone. I can quit anytime with no penalty.  I will never sign another cell phone "contract" and tell them so.  I am in my late 70's, on a fixed income,  and have no need for a phone that does more than let me call out and receive calls in case of emergency.
My big problem at this time is the 350 or so emails I receive each day just to have the ability to receive one or two legitimate emails a day.  They are now having offers for free gift cards from Wall mart, Target, Walgreen, etc.  I delete them all. I figure if it is something that asks for personal information it is a scam.

"Crack down" is a gross misnomer. "Issued a sternly worded warning" is actually more to the point.

The FTC is a major league level farce!

Now same spam on Facebook shared by a fb friend for a $200 Macy's gift card, No way can you complete a survey of your interests. It will get turned into a request or application by you for their services. They call and call, and do not leave messages. Who would do business with a company using this approach? Just a personal information grab followed by harassment.

These Telemarketers are a bunch of low life spammers. They will never take no for an answer. They even call twice and you have keep telling them the same answer over again "NO" But they still continue to call and harass people. The FTC or the FCC is not doing more about it. The Phone Companies will not do anything at all to stop these harassers. All you can do is sue these companies for harassment. These people in Washington DC need to know that they are very dangerous and they know where you live too. Because they put this illegal information on their auto dialers and it's illegal and it must be stopped!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!

WE get these texts every time we add minutes to our pre-paid cells from CALLINGMART.COM.  We suspect that this is a company based in INDIA or some other Asian hellhole.  We ALWAYS get one of the spam texts within a day or two of adding our minutes/using the PIN.  Latest one was 11/20 *2014*; so much for the government 'stopping' this!

BTW, I REPORT *EACH* and *EVERY* one of my spam calls and texts, with as much info as to the possible source or other clues as I can.  Even though this is an overseas company, you can BET there is a connection somewhere to a **FILTHY** RICH American involved.

It is now DECEMBER 2014, a full TWENTY ONE MONTHS since this 'announcement' and *I* for one am STILL getting these texts. So much for 'Stopping' them.   I DO NOT give my pre-paid cell number out to companies and I do not use it to shop, browse the internet or ANYTHING other than make calls & texts to friends and family.  The ONLY other entity that has our number is the third party we buy our minutes from: CALLINGMART.COM   They are likely the source of my spam texts.  The GOVERNMENT is a SCAMMER, too!

The TEXT was from 201-371-6033 and today's PHONE call with the same MO came from 972-521-9008 (not that the numbers really matter; they are likely SPOOFED to conceal an OVERSEAS, probably INDIA or PAKISTAN, actual number.)

BOTH came in after we put new minutes on our pre-paid cells using "CALLINGMART.COM".  It happens EVERY time.

I have REPORTED BOTH to the FTC, for all the good it does.

"Cracking down" they claim. Well, now instead of getting texts from these scammers I'm getting cell calls. Of course I blocked the number but they will just call back from another. I'm thinking the threat of a class action suit against the FTC might be an option.

5-29-15 10:32 am  520-448-0310. "Lisa" (sounded like any avg. English speaker). From "Reward Redemption" offering $100. gift card for supposedly visiting a website (didn't say what site). Pressed 2 for Do not call and blocked number. We'll see....

Post there names credit card hacker sniffer mail theft privacy invaders go in your trash mailbox in your home when u r away .they steal from rich the poor the young an old there mine gold is to steal from everybody as quick as possisible.stop in there tracks post there hacker list name.an dress.Andrea kenner broken newyork Age 51 black male he's ahacker stealing ever cchance he can this sucks to no someone like this continue target innocent people another bernniy made off .Andrea kenner  hacker from  we York.24900Rockside rd1302 Bedford heights Ohio I wonder who his next victim will be. Don't trust this worm shut them Down in fight against hacker.now .

The Radom group* using new tactics as of yesterday.. Threats getting ugly ..not giving... They're calling your family members wanting your personal info. If you don't call back they will give a visit with local  sheriffs department ...sure if they live India. They always wanted the gift. They're coming after our bank accounts to telling us to give them our money if they can't steal it!  Beware of 844 area code numbers- voice mails/ text. Regional one caters called family member needed to speak to me never stated why. Would have local sheriffs office assist them at my residence or place of employment if I didn't contact them at 844 782 5660. The more you know. I left blog on site. Maybe someday we could all meet at that cafe!  Philosophers treat! Find me on IG y_kelley 👊🏼

Got spam today yesterday tomorrow I’m tired of it make it stop show me how to make it stop