Jul 17, 2012
What they're doing is definitely against the law. Problem is that it's a law that is either unenforceable, or not being enforced, or some combination of the two. The FTC and State Attorney Generals say they're doing something, but it's obviously not have a big effect.
Basic problem is that they are trying to use a Do Not Call law to deal with what amounts to organized crime. These people are at least engaged in fraud and identity theft. The FBI should be investigating these guys. The FTC and States don't have the firepower.
Filing complaints is useful because it lets the agencies know there's a problem and we expect them to deal with it. They pretty much know they can't but don't really want to admit it. I talked to a guy from the State (TN) AG's office who called me after I filed a complaint about a year ago. He went through the standard "thank you for your complaint and we're doing all we can to address it" stuff. After I drilled down on the problem with him he admitted that the law is easily evaded and there's essentially nothing they can do about the Rachel From Card Services type robocalls. They can enforce the law against otherwise legit businesses that can be traced. Rachel and all spoof caller ids, change numbers, often operate offshore, and generally can't be traced very well. The FBI needs to deal with these folks.
I've tried to get one of the local Nashville tv stations to send its Investigative Team to the State AG's department and ask why the law isn't being enforced. They're apparently aren't interested, but if they could get some of the enforces on tv and embarrass them a bit maybe enough pressure could be exerted to do something about it.