By:  LINDSEY O’NEILL, ESQ.

Do you get home from a long day, start to enjoy a glass of wine or read the newspaper, only to be disrupted by the constant ringing of the telephone?  Worse yet…. the voice on the other line is a telemarketer?  Well, you have legal rights when it comes to these calls, which might help you make them stop.  It’s been said that the law can be both a sword and a shield…   Here is a short list of your legal rights from the Federal Trade Commission website, which can be your shield against those pesky telemarketing calls:

• Who’s calling — and why?  Telemarketers must tell you it’s a sales call, the name of the seller and what they’re selling before they make their pitch. If they don’t, say “no thanks,” and get off the phone.
• What’s their hurry? Fast talkers who use high pressure tactics could be hiding something. Take your time. Most legitimate businesses will give you time and written information about an offer before asking you to commit to a purchase.
• If it’s free, why are they asking me to pay? Question charges you need to pay to redeem a prize or gift. Free is free. If you have to pay, it’s a purchase – not a prize or a gift.
• Why am I “confirming” my account information — or giving it out at all? Some callers have your billing information before they call you. They’re trying to get you to say “okay” so they can claim you approved a charge.
• What time is it? The law allows telemarketers to call only between 8 am and 9 pm. A seller calling earlier or later is flouting the law.
• Do I want more calls like this one? If you don’t want a business to call you again, say so. If they call back, they’re breaking the law.

Download the FTC brochure here:  FTC Facts for Consumers:  Who’s Calling? Recognize & Report Phone Fraud.

Remember – too many Americans have fallen victim to telemarketing fraud and/or identity theft by virtue of telemarketing scams.  If you believe you may be a fraud victim, or if you have questions about your legal rights with regard to a telemarketer, contact an attorney in your area today.