FCC Form 1088C




Most people don't know that the Telephone Consumer Protection Act of 1991 (TCPA) [US Code, Title 47, Chapter 5, Subchapter II, Part I, § 227] states, in paragraph (b)(1)(B), that "It shall be unlawful ... to initiate any telephone call to any residential telephone line using an artificial or prerecorded voice ... ". Yes, you read that right -- it's illegal to make pre-recorded phone calls.

Of course that doesn't stop telemarketers from doing just that. The question then is, what should I do when I receive one of these illegal pre-recorded phone calls?

The TCPA, in paragraph (c)(5), provides a "private right of action" for violations, (i.e., you can sue the violator), but only if you have "received more than one telephone call within any 12-month period by or on behalf of the same entity". Which means you can't sue until they call a *second* time.

At this point, I'm doing two things:
  1. Fill out and file an FCC Form 1088C (available at http://www.fcc.gov/cgb/consumerfacts/1088C-R.pdf) for each call received (you don't have to wait for a second call before filing a complaint with the FCC),
  2. Record the information about the call below.


Note that, in each case listed below, the caller used an artificial or pre-recorded voice. Calls where the caller hung up without leaving a message are documented elsewhere.



Date and Time (Eastern) Caller ID City/
Registered Carrier/
Switch 		Caller Name Display Notes A call to the CID number reveals ... FCC Complaint number
             
19.02.2007
19:33 		321-946-4519 Orlando Florida
Omnipoint Miami E License, LLC
ORLFFL05CM0 		----- A mechanical call promising me a lower rate on my credit cards "This number is no longer in service" 08-T00096102
04.04.2007
20:23 		603-766-9336 Portsmouth NH
Freedom Ring Communications LLC
PTMONH07DS0 		DIRECT CAPITAL Name in the message was "Scott Dillon", phone number in the message was 1-866-431-7328
http://www.directcapital.com
155 Commerce Way
Portsmouth, NH 03801

Registered Agent:
Steven Cohen Esq.
11 Amherst St.
Manchester NH 03101 		(Didn't try to call) 08-T00096122
10.05.2007
17:45 		904-317-2123 Jacksonville Florida
Bell South Telecomm Inc. DBA Southern Bell Tel & Tel
JCVLFLWCDS0 		FLORIDA A mechanical call promising me a lower rate on my credit cards "This number is no longer in service" 08-T00096084
15.06.2007
10:27 		954-689-7681 Fort Lauderdale Florida
Bell South Telecomm Inc. DBA Southern Bell Tel & Tel
FTLDFLC4DS0 		FLORIDA A mechanical call promising me a lower rate on my credit cards
http://lincmad.blogspot.com/2007/05/now-its-michelle-from-cardholder.html
http://www.kktv.com/home/headlines/7996537.html
http://www.ripoffreport.com/reports/0/247/RipOff0247926.htm 		"This number is no longer in service" 08-T00096112
25.06.2007
10:53 		321-409-0629 Melbourne Florida
Bell South Telecomm Inc. DBA Southern Bell Tel & Tel
MLBRFLMADS0 		FLORIDA A mechanical call warning me my auto warranty coverage is about to expire "This number is no longer in service" 08-T00096128
26.06.2007
12:36 		321-409-0629 See above FLORIDA A mechanical call offering me extended auto warranty coverage See above 08-T00096128
26.07.2007
13:08 		321-777-5032 Eu Gallie Florida
Bell South Telecomm Inc. DBA Southern Bell Tel & Tel
EGLLFLIHDS0 		FLORIDA A mechanical call promising me a lower rate on my credit cards "This number is no longer in service" 08-T00106277
30.07.2007
10:00 		646-747-1397 New York NY
Verizon New York Inc
NYCMNY18DS0 		NEW YORK A mechanical call promising me up to $250,000 in business credit

Apparently http://www.2ndsourcefunding.com
http://www.ripoffreport.com/reports/0/254/RipOff0254260.htm 		Second Source Funding, in New York City  
09.08.2007
20:38 		850-432-4878 FLORIDA A mechanical call promising me a lower rate on my credit cards (haven't tried calling) 08-T00106276
15.08.2007
12:10 		646-747-1397 See above NEW YORK A mechanical call promising me up to $250,000 in business credit

 This time they say they're "Merchant's Cash Financials" 08-T00106278
14.09.2007
17:15 		850-265-5032 Lynn Haven, Florida
Bell South Telecomm Inc. DBA Southern Bell Tel & Tel
LYHNFLOHDS0 		FLORIDA A mechanical call promising me a lower rate on my credit cards (haven't tried calling) 08-T00106280
18.09.2007
17:29 		646-747-1397 See above NEW YORK A mechanical call promising me up to $250,000 in business credit

 (haven't tried calling again) 08-T00106278
20.09.2007
17:30 		850-265-5032 See above FLORIDA A mechanical call promising me a lower rate on my credit cards (haven't tried calling)  
18.12.2007
13:14 		773-347-0009 Chicago, Illinois
Allegiance Telecom Inc
CHCHILLEDS0 		PRIZE CLAIM CEN A mechanical call from Craig Kuba saying that I'm a finalist in a contest (that I have never entered), and that it was imperative that I call him immediately at 888-493-8245 extension 150. (haven't tried calling) 08-T00106281
14.02.2008
11:39 		646-289-8816 New York, N. Y.
DSLNET Communications LLC
NYCMNYOV0MD 		BUSINESS PAYMNT A mechanical call offering me an unsecured cash advance, because my business already accepts credit card payments (news to me).

http://www.2ndsourcefunding.com

Click here to hear the call. 		"Thank you for calling Business Payment Systems." 08-T00111920
26.03.2008
20:25 		305-758-9297     A mechanical call promising me a lower rate on my credit cards. See http://www.heatherwithaccountservices.com. (haven't tried calling)  
30.04.2008
11:17 		772-664-4005     A mechanical call promising me a lower rate on my credit cards. See http://www.heatherwithaccountservices.com. (haven't tried calling)  
Between 25.06.2008 and 01.10.2008, I was out of town, and had unplugged my Caller ID display and my answering machine. Because of this, no calls were logged during this time.
02.10.2008
18:03 		386-736-8732   FLORIDA A mechanical call promising me a lower rate on my credit cards. See http://www.heatherwithaccountservices.com. (haven't tried calling)  
11.10.2008
14:03 		506-221-6586   NEW BRUNSWICK A mechanical call promising me a lower rate on my credit cards. See http://www.heatherwithaccountservices.com. (haven't tried calling)  
01.12.2008
14:08 		850-230-8870   FLORIDA A mechanical call promising me a lower rate on my credit cards. See http://www.heatherwithaccountservices.com. (haven't tried calling)  
05.12.2008
13:32 		407-649-9219   FLORIDA A mechanical call promising me a lower rate on my credit cards. See http://www.heatherwithaccountservices.com. (haven't tried calling)  
22.12.2008
20:53 		386-427-6893   A mechanical call offering me extended auto warranty coverage (haven't tried calling)  
08.01.2009
15:28 		386-427-6893   A mechanical call offering me extended auto warranty coverage (haven't tried calling)  
23.01.2009
14:37 		603-212-3598   PRIVATE SUITE A mechanical call offering to sell me a home satellite system. (haven't tried calling)  
24.02.2009
17:35 		506-226-4562   NEW BRUNSWICK A mechanical call promising me better mortgage rates. (haven't tried calling)  
25.03.2009
10:55 		506-220-4563   NEW BRUNSWICK A mechanical call promising me a lower credit card interest rate. (haven't tried calling)  
28.09.2009
16:23 		202-459-7122     A mechanical call promising me a lower credit card interest rate. (haven't tried calling)  
13.10.2009
17:17 		901-379-0870   TENNESSEE A mechanical call offering me Whole Life insurance. (haven't tried calling)