Do I Have a Legit Complaint?

Right now, the FCC is starting to act like FEMA when Hurricane Katrina hit New Orleans. At least, that's my opinion... Soon, I'll present a letter I just drafted and sent to one Mr. Tignor at the FCC. The letter itself should explain the problem. But first, let me give you a little background. On February 11, 2009 I filed a complaint online with the FCC about phone number 201-917-7303 from New Jersey that had been repeatedly calling my husband's cell phone all day. When I say repeatedly, I'm not kidding, there were 10 calls the first day! These calls would be either "dead air" or would end up a hang up call. The calls kept coming, multiple times each day, until 02-18-2009, when there were no calls... and we let our guard down... Then today we received a written response (via snail mail) from the FCC that states they "have determined that unfortunately the facts presented in this case do not indicate a violation of the Communications Act of 1934, as amended, or the FCC's rules on which we can take enforcement action."

In our defense, the calls had only been occurring that day when I filed the complaint. At no time did my husband or myself ever speak to anyone as there was never anyone there! So, answering all the questions on the FCC complaint form regarding 201-917-7303 was rather difficult. It is next to impossible to give answers that I don't have, thus many of the answers ended up being "Don't know" or "Unknown" or "Not sure" (now I can't remember which of those responses was actually the option that followed "Yes" or "No").

If you do a Google Search on the number 201-917-7303 (or the other number, 201-918-3074, you'll see listed in my letter to the FCC) you'll come across A LOT of other people having the same problem! Should this not tell the FCC something? Sorta like all those people in Louisiana who were homeless should have made FEMA think Wow, they need some serious help down there! Let's get our shit together and get this done right! (Moldy trailers are a topic for another day - and the shameless lack of help from our federal government, don't even get me started!)

*Shit, sidetracked again!*

The page for "Unwanted Telephone Marketing Calls" from the FCC is located here. This is where I got the information contained within my letter.

Ok, now for the letter... I think I've supplied you with enough info so you shouldn't get lost in the contents.

Dear Mr. Tignor,

I received your response today in the mail regarding my complaint (# XX-XXXXXXXXX-X). Upon reading your response, I decided to check out the FCC site to see exactly why this company was not in violation of the FCC's rules on which the FCC can take enforcement action.

After a little bit of searching and reading customer information provided on FCC.gov, I found specific items I feel supports my position that they are, in fact, in violation of the FCC's rules. I will also include a description of what is going on, including the dates and times of all the calls received on my cellular (wireless) phone.

I read the following on this page on the FCC.site (The parts I feel support my position are bolded, italicized, and in red):

Automatic Telephone Dialing Systems and Artificial or Prerecorded Voice Calls

The FCC has specific rules for automatic telephone dialing systems, also known as “autodialers.” These devices can be particularly annoying and generate many consumer complaints. The rules regarding automatically dialed and prerecorded calls apply whether or not you have registered your home phone number(s) on the national Do-Not-Call list.

Autodialers can produce, store, and dial telephone numbers using a random or sequential number generator. They often place artificial (computerized) or prerecorded voice calls. The use of autodialers, including predictive dialers, often results in abandoned calls – hang-ups or “dead air.” Except for emergency calls or calls made with the prior express consent of the person being called, autodialers and any artificial or prerecorded voice messages may not be used to contact numbers assigned to:

• any emergency telephone line;

• the telephone line of any guest or patient room at a hospital, health care facility, home for the elderly, or similar establishment;

• a paging service, wireless phone service (including both voice calls and text messages), or other commercial mobile radio service; or

• any other service for which the person being called would be charged for the call.

And this:

What You Can Do

The FCC can issue warning citations and impose fines against companies violating or suspected of violating the do-not-call rules, but does not award individual damages. If you receive a telephone solicitation that you think violates any of these rules, you can file a complaint with the FCC.

Let me give you an explanation as to what has been going on. On February 11, 2009, at 9:11 am, I began receiving calls from the phone number 201-917-7303 and the Caller ID would display New Jersey. When I answered these calls, there would be absolute silence on the other end. After about 3 of these calls, I just quit answering the phone when that number showed up on my Caller ID. However, this did not stop the phone from ringing. It would ring several times, then stop. Sometimes only 2 or 3 rings, sometimes until my voice mail had obviously taken over. I had attempted several times to get through to this number to ask to be removed.

On 02-11-2009, I finally got through to a voice mail box, and left a message asking that no one from this number or this company call me again. Other attempts to contact this company resulted in "the voice mail box you are trying to reach is full." These calls continued until 02-17-2009. There were no calls on 02-15-2009 (a Sunday) or on 02-18-2009. Hoping the FCC had resolved the issue (or at the least, the issue had resolved itself), I relaxed and was sure it was over. Until today, when I received your response in the mail, and then yet another call from New Jersey, but this one from the number 201-918-3074. Curiously, I answered the call, and it was "dead air."

Let me make it perfectly clear that I have never talked to anyone from this company because all of the calls were either "dead air" or a hang up, so I can't say who exactly they are. But my internet research has shown them to be affiliated with "Google Money Tree." I have never, at any time or in any manner, requested information from or have held a business relationship with Google Money Tree or with anyone from New Jersey. My request left on a voice mail that I not be called again has gone without being addressed or honored. Upon searching the new number that called today, it looks like it's going to be the exact same scenario.

Here is a log of all the calls I have received from this number, to show you exactly how disruptive and disturbing these calls have become:

201.917.7303 New Jersey calls received on 02.11.2009

9:11 am
10:23 am
11:16 am
12:35 pm
1:35 pm
2:20 pm
2:58 pm
3:14 pm
4:37 pm
7:28 pm

FCC internet complaint filed 02.11.2009 Reference number: XX-XXXXXXXXX-X

02.12.2009
9:07 am
9:52 am
1:02 pm
2:57 pm
4:05 pm
5:07 pm

02.13.2009

11:22 am
1:08 pm
2:19 pm
2:54 pm
3:42 pm
5:50 pm

02.14.2009

11:45 am
2:49 pm
4:38 pm
7:26 pm

02.16.2009
8:36 am
9:52 am
10:49 am
1:47 pm
2:39 pm
3:12 pm
4:16 pm
8:05 pm

02.17.2009
8:33 am
9:10 am
10:18 am
10:54 am
11:30 am

2.18.2009
No calls received today.

02.19.2009
Response received from the FCC.

1:25 pm - another New Jersey call - Dead air then hang up.

Response email sent to Jeffrey Tignor at the FCC.

Please, Mr Tignor, tell me when I can expect someone to address this issue and deal with this company. By searching the numbers 201-917-7303 and 201-918-3074 on the internet, it is quite obvious that I am not the only person having this problem.

I greatly appreciate your time and attention to this matter and all the effort you will put into bringing it to an end.

Sincerely,
XXXX XXX XXXXXXXXX

If anyone else has had a problem with these phone numbers, please begin flooding the FCC with your complaints. These people have GOT TO BE STOPPED!!!

UPDATE! I just received a response from the FCC. This one explained why the original complaint was rejected and asked me to clarify some questions from the online complaint form. Below is the email I received from them and my response to it.

*The response email from the FCC*

Dear XXXXXXXX,

Thank you for contacting the FCC.

I have reviewed your complaint and found Question 2 “Are you on the National Do Not List?” was answered as “uncertain”. Also, you have listed the business number that contacted you, however, you indicated in Question 5d that there was no phone number provided.

These complaints are automatically scored by the computer using logic provided by the Enforcement Bureau of the FCC. If questions are not answered properly, the computer will reject the complaint.

I have changed Question 5d to Yes because you have provided a phone number. I need to know if you are on the National Do Not Call List. If you can provide this information, I will review again and let you know if I need anything further.

*My response to the FCC*

Dear Ms. Chambers,

I try to be very careful about giving out my phone number(s) for this specific reason and had not registered this number prior to February 11th. I answered the question about the Do Not Call List as "uncertain" because I had also just signed up for it the same evening I filed the original complaint with the FCC. The Do Not Call Registry site says "Most telemarketers should not call your number once it has been on the registry for 31 days," so I didn't want to give the impression of being dishonest if it hadn't been long enough for the telemarketing companies to get the updated list and comply. Since it has only been 9 days since I registered my phone number, I still wouldn't know how to correctly answer that question. I still have my email with the link for confirmation from the Do Not Call Registry, if you would need it for verification.

The complaint form was a little difficult to fill out since I'd only been getting calls (at that point) for one day and had never talked to anyone when that number called.

Thank you for your prompt response and attention to this matter.

Sincerely,
XXXXXXXXXXX

I will keep you guys posted on future developments.

(Sorry about all the varying fonts... I'll try to get that fixed up... I'm still learning!)

UPDATE: While there has been no further communication from the FCC, there is now a different number calling. 201-918-4824. This is just nuts.