You are incorrect.  Since purpose of the call is to generate a sale, now or in the future, the caller is a telemarketer selling goods. For example, the fake survey calls leading to a "free" 2-day cruise to the Bahamas are telemarketing calls due to the fees tacked on to the cruise which make it anything but free. The purpose of claiming a fake survey or free estimate is an exemption is to deter call recipeints from pursuing their rights.