STRIKE BACK ANTI-TELEMARKETING SCRIPT
Before you start answering questions from a telephone solicitor, you must "qualify" the company as a potential prospect for a law suit. If, during the introductory pitch, the telemarketer indicates that they are working for a non-profit firm, or a survey company, hang up immediately. They are not subject to the law and are a waste of time.
Time of call: __ AM __ PM DATE: __/__/__ (note: You can immediately sue for $500 if before 8AM or after 9PM)
| Qualifying Questions | NOTES |
|
1 |
What is your name? (Refusal to answer is a $500 fine) | |
2 |
What is the name and address of the company you represent? (Refusal to answer is a $500 fine) | |
3 |
What is the company phone number? (Refusal to answer is a $500 fine) | |
4 |
Are you an employee of this company, or do you work for a telemarketing service? (If they work for a service, get the name, address, and phone number.) | |
5 |
Does your company have a pre-existing business relationship with me? (If "yes" skip the next question) | |
6 |
Do you conduct business or have other customers in my city? (your case is stronger if answer is "yes") | |
7 |
Does your company have a written call policy? ($500 fine if they say "No") | |
8 |
Will you send me a copy of your "Do Not Call" policy? ($500 fine if they say "No") | |
9 |
Does your company maintain a "Do Not Call" list? ($500 fine if they say "No") | |
10 |
Will you put my name on your "Do Not Call" list? ($500 fine if they refuse) | |
11 |
May I have your supervisor’s name and address? (This will help expedite your claim). |
WHO YOU CAN NOT SUE: 1) Non-Profit corporations, 2) Companies calling you at a place of business, 3) Companies that are not doing business in your area. 4) Companies that are conducting surveys. Note: Some companies will disguise their sales pitch as a survey. In the event this happens you must elicit a frank admission that they are selling something. One way to do this is to get them to send you literature or an order form. Other companies will claim they are invulnerable because they are not "conducting business in your area." Obviously, if they call you at home, they are conducting business and are subject to the full force of the law.