In recent years, call centers have been very instrumental in providing product support services and straightforward information to consumers as well as administering network operation for telemarketing and debt collection.
Telemarketers and financing companies such as credit card and loan providers are now using call centers to reach more consumers. This is where the legal gray areas create conflicts between the companies and the consumers.
IDENTITY THEFT
First and foremost is the method by which companies get hold of consumers' personal information. The companies are arguing free enterprise, but legal experts agree that this borders on identity theft.
To cite an example, a credit card provider, through a call center agent, calls to offer you its services. When you ask how they got your phone number, they would say that you were referred to by one of their clients. But when you ask for the name of this client, they would say it's confidential. This is a form of identity theft. You should not entertain such calls, especially when they get to be very bothersome. Don't give any additional information about you. If you feel that they are being intrusive just tell the caller to remove your name from their list because you are not interested.
Another example is when you receive a call telling you that you won a certain promotional product and that you 'lave to go to their office to claim it. Again, how did they get, old of your name and phone number? The catch: If you go to their office and try to claim the alleged product you won, they may lure you to buy other products before you can claim the prize (Warning: Don't fill up any of their forms, and don't sign anything they give to you). This is telemarketing at its worst. Not only did this unscrupulous people steal your personal info, but they will also try to dupe you into buying unrated and substandard products.
Some insurance companies also use call centers to promote their services. Agents would call on you saying you have won an accident or life insurance through their promotional or anniversary raffle of some sort, but you would need to go to their office to fill up some forms. They would keep on calling week after week. Again, this is very bothersome to consumers.
PHONE HARASSMENT
You are harassed when: pestered by calls seeking information about you; offered products and services you didn’t ask for; asked for people you don't know; threatened with law suits. You become a victim of phone harassment.
Phone harassment is causing a telephone to ring or engaging any person in telephone conversation repeatedly and continuously with intent to annoy, abuse, or harass any person at the called number.
All forms of unwanted telephone calls may be considered phone harassment. And phone harassment of whatever kind is illegal in most jurisdictions. Credit providers use the scheme in calling their indebted clients repeatedly to annoy and harass them into payment. Under international law (“Fair Debt Collection Practices Act"), however, even phone calls in connection to debt collection without prior consent from the consumer or the express permission of a court of competent jurisdiction, is considered phone harassment.
Many might have experienced receiving calls allegedly from a particular law office searching for a particular credit company it represents. The caller will insist that your telephone number appears on their records even though you have already advised them that they obviously made errors because the person they are looking for does not live in your house nor does the telephone number belong to him. They, however, will keep on calling you in search of the same person repeatedly. If they are really calling from a law office, then they should know that what they are doing is phone harassment, and this is in violation of your civil rights. It can be considered public disturbance.
It is plain and simple phone harassment because they could have checked the telephone company and be informed that the number does not belong to the person that they are looking for. They are harassing the wrong person (victim), and this constitutes a violation of the victim's right. If call centers are allegedly being used for this purpose, the National Telecommunications Commission (NTC), the Department of Trade and Industry (DTI), and the National Bureau of Investigation (NBI) should look into this matter.
WHAT YOU CAN DO
Never ever give personal information on the phone to people you don't know. In cases where products and services are offered through the phone, tell them outright that you are not interested. It is, however, given that these telemarketers may have obtained your personal information from other sources, say, from your credit card application or from house-to-house product surveys.
Identity theft is a very serious matter. Unscrupulous groups seem to be creating databases of consumers' personal information through application forms and public surveys, and selling them to telemarketers. Our legislators should formulate a very clear-cut law against this intrusive act to prevent the problem from blowing out of proportion.
Imagine the trauma and harassment of a 70-yearold woman receiving repeated phone calls from an alleged law office seeking a person she does not know. She remembered filling-out a survey form about senior citizens where she wrote her phone number. Later on, she has been receiving product offers from telemarketers through the phone. And the worst of it is a threatening phone call regarding debts incurred by a person she does not know.
When you receive such calls, record the number of the caller (if you have caller I.D.), the time of the call, and if possible any vital information you can obtain from the caller (such as caller's name, company name, etc). Don't answer any of their questions. They are the callers; you should be the one asking the questions, not them. If possible, record your conversation. Call the telephone company and have your phone harassment complaints recorded. Report the (repeated) incidences to the proper authorities such as the NTC, the DTI and the NBI.
One more thing, never ever let these unscrupulous people get the better of you. If you feel it is already a waste of time talking to them, manners or no manners, just hang up.*
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