It seems AOL has elected to become part of the road, rather than part of the steam-roller.
After encountering universal scorn
for its planned release of member phone numbers to one of the nation's
most prolific telenuisance firms (CUC International), AOL backtracked by
planting its other foot firmly in another pile.
AOL's latest idea is to refrain from
selling our phone numbers, and instead make the calls themselves.
In order to do so, they will likely hire a telemarketing service agency
(TSA) to make the calls on their behalf. In such a circumstance,
employees of the TSA will tell residents that they are calling on behalf
of AOL.
The end result will likely be the same number of junk calls interrupting the privacy of the same AOL members, offering the same products or services that CUC would have inflicted on us. Incredibly, AOL just doesn't get it. Folks are sick and tired of being tele-annoyed by junk callers; regardless of what means were used, or who generated the calls.
Instead, AOL insists that such privacy-abusive calls are a service to its members.
Yet AOL conducted a telemarketing campaign against its members even before this story made the news; barging into its members homes to hawk books, magazines, software, etc.
Since AOL promotes products and services
via telemarketing, they must comply with federal telemarketing law; specifically,
the Telephone Consumer Protection Act of 1991 (47 USC 227) and the
collateral FCC regulations (47 CFR 64.1200) which state as follows in subsection...
(e) No person or entity shall initiate any telephone solicitation to
a residential telephone subscriber:
(1) ...
(2) Unless such person or entity has instituted
procedures for maintaining a list of
persons
who do not wish to receive telephone solicitations made by or on behalf
of that
person or entity. The procedures instituted must meet the following
minimum
standards:
(i) Written
policy: Persons or entities making telephone solicitations must have
a written policy, available upon demand, for maintaining a do-not-call
list.
It has come to our attention that AOL is not making its do-not-call policy available upon demand. If this is true, it is a violation of federal law.
More about the requirement of all firms which make junk sales calls to residents must have a do-not-call policy available upon demand, is available at our Members Only page.