Unsolicited and then rude
Complaint
D. J. Cecil
Country: United States
I answered one of the many "unknown caller", "unknown number" calls today and someone actually was on the other end, unfortunately. The woman gave me her name (which I didn't catch) and said she was with EZ Yellow Pages and needed to update our business information before the invoice was sent out. Oh, I need to state that she asked for the owner (my husband) by his first name and then I asked if I could help her. As soon as she said "before we send out the invoice" I informed her we would not accept any invoice from the company. She said okay they would delete all of our advertising and no one would be able to find us by the end of the week. I am really tired of having to put up with these sort of callers, especially when they are just rude and as far as I'm concerned, obnoxious. They don't even give a person a chance to tell them "take this number off your calling list".
Isn't there anything that can be done about phone numbers and identities that are hidden from the called party?
Isn't there anything that can be done about phone numbers and identities that are hidden from the called party?
Comments
As you already picked up, you are likely dealing with a shady "business directory" scam, especially due to the attempt to imply that some verbal contract was being agreed to for some "listing" they are implying you already have, had previously authorized, on terms previously disclosed. That is both deceptive, and a violation of the FTC Telemarketing Sales Rule (TSR).
This is a classic "business directory" scam, where they call mostly small businesses, trying to get some random employee to answer and respond to their threat to "delete all your advertising". They are deliberately rude to con employees (who might be afraid of messing up something they don't even know about) into saying "yes" to what they claim is an existing advertising agreement. Often these scams result in "invoices" for $300 or more, for some "directory" that may have only a few mailed out, or even only be some on-line listing on their website.
They often send out "invoices" even when there is no approval, verbally or otherwise, while claiming to have a "recording of your approval", and attempting to use harassment from some "collection agency" (often themselves), or threats to "damage your credit" if you don't pay for some worthless listing you never ordered.
These scams aren't very effective against larger companies, both because of better trained employees aware of who is and who is not authorized to approve different purchases, tighter accounts payable controls, the likelyhood that D&B won't accept bad credit information from phony companies, legal departments who won't take [***], and policies resulting in routine reporting of suspected criminal fraud attempts to police or DA with enough local clout to get a response. Small business owners are easier to bully.
Sending an invoice or demand for payment for a product never ordered is a violation of U.S. postal regulations, specifically:
http://www.law.cornell.edu/uscode/uscode39/usc_sec_39_00003001----000-.html
"...
(d) Matter otherwise legally acceptable in the mails which—
(1) is in the form of, and reasonably could be interpreted or construed as, a bill, invoice, or statement of account due; but
(2) constitutes, in fact, a solicitation for the order by the addressee of goods or services, or both;
is nonmailable matter, shall not be carried or delivered by mail, and shall be disposed of as the Postal Service directs, unless such matter bears on its face, in conspicuous and legible type in contrast by typography, layout, or color with other printing on its face, in accordance with regulations which the Postal Service shall prescribe—
(A) the following notice: “This is a solicitation for the order of goods or services, or both, and not a bill, invoice, or statement of account due. You are under no obligation to make any payments on account of this offer unless you accept this offer.”; or
(B) in lieu thereof, a notice to the same effect in words which the Postal Service may prescribe.
..."
If you receive any such fraudulent "invoice" alleging a "directory listing order" you never agreed to, you should immediately report it in writing and send a copy of the "invoice" to FTC, your state AG, and the U.S. Postal Inspector, as this constitutes mail fraud.
If you never ordered anything, the businesses that tip-toe just inside the law will have language like "This is a solicitation, not an invoice" somewhere on the mailing. The ones likely to go down the extortion path will not, first attempting to slip their "invoice" through your accounts payable department.
Here is the FTC warning about this type of scam:
http://www.ftc.gov/bcp/edu/pubs/business/alerts/alt024.shtm
http://www.vegasbbb.org/bbb_rated_acc_rpt.asp ... %2C19%2C20%2C26
(888) 881-7236. I pressed 2 to speak to someone in billing. I told them that I never agreed to have our companies name listed. Melvin said that he did not see our account info so we will not be billed. Waiting to see what happens on that. Also, told him to remove our name from their calling list.
Good luck!!!
very frustrating, especially since i am on the registered do not call list..
Good evidence of their intent to doctor a recording. Other reports show they are misrepresenting recordings of "listing verifications" as order authorizations.