The mobile phone operator Verizon Wireless yesterday sued two US telemarketing firms alleging that they breached federal and state laws by making illegal unsolicited calls to Verizon customers users using auto-diallers.
The lawsuits, against San Diego based Intelligent Alternatives and Resort Marketing Trends of Coral Springs, Florida, are believed to be the first of their kind by a US wireless provider against telemarketing firms.
The suits separately accuse the firms of making hundreds of thousands of calls to mobile phone customers using pre-recorded messages and auto-diallers in violation of the federal Telephone Consumer Protection Act and state laws.
According to Verizon Wireless, Federal Communications Commission regulations prohibit telemarketers from using automated diallers to call cell phone numbers. Automated diallers are standard in the industry; so most telemarketers are barred from calling consumers on their cell phones without their consent.
Verizon Wireless is seeking damages and injunctions against the continued use of the illegal telemarketing practices.
Steven Zipperstein, General Counsel at Verizon Wireless, said: “These lawsuits serve notice once again to any company, organisation or individual who seeks to infringe on our customers’ privacy: the law says you can’t do it, and we will help defend our customers against these sorts of illegal practices.”
In August 2004, the company won a permanent injunction against a group that was spamming Verizon Wireless customers with unsolicited text messages. The company also broke with the US wireless industry in June 2004 by becoming the first to announce it would protect customer privacy by refusing to participate in a national wireless phone directory.
“Wireless users view cell phones as one of their last refuges from telemarketing intrusion and other unwanted, unsolicited calls and messages,” said Mr Zipperstein. “We will vigorously defend the strong wall of customer privacy that we have fortified over the years through our aggressive pro-consumer policies and actions.”
In the US, consumers who do not want to be called by telemarketers can add their fixed or mobile phone numbers to the national "Do Not Call" registry. Business-to-business calls are not covered by the registry.
In the UK, however, both consumers and businesses can reduce the volume of cold calls they receive by registering with the Telephone Preference Service (TPS). Registration is free and can be done via the link below.
Direct marketing firms have a legal obligation to check and comply with the TPS before calling and failure to do so can result in enforcement action by the Information Commissioner.
