Judge Takes Do Not Call List Off The Hook:

(Ben Explains What It Means To You!)

Air date:    September 25, 2003

 

Here's what happened: A federal judge in Oklahoma ruled on Wednesday (September 24, 2003) that the Federal Trade Commission overstepped its authority in creating a national do not call list against telemarketers. The ruling came in a lawsuit brought by telemarketers who challenged the list, composed of names of people who do not want to receive business solicitation calls.

 

Here's why it happened:  The telemarketing industry estimates that the do not call list could cut its business in half, costing it up to $50 billion in sales each year. The FTC had signed up about 50 million phone numbers for the list, which was due to take effect October 1.  The telemarketers' lobbying group, The Direct Marketing Association sued to block the list shortly after Congress approved it in January, saying it would violate free-speech laws and discriminate against an industry that provides millions of jobs.

The court said the FTC has authority to curb abusive telemarketing practices under existing law, but that any national do-not-call list must be handled by the Federal Communications Commission; lawmakers were quick to criticize the court's decision, arguing that they had given the FTC the authority to implement the list.  "We are confident this ruling will be overturned and the nearly 50 million Americans who have signed up for the do not call list will remain free from unwanted telemarketing calls in the privacy of their own homes," Reps. Billy Tauzin and John Dingell said in a statement.

Here's what it means to you: Many states (like Texas) have their own Do Not Call lists that are supposedly potent enough to stop the telemarketing calls, so until this ruling is over-turned by a higher court, relax and sign-up on a state level.  Expect the national list to kick in sooner or later, and if you've already signed up, you'll be covered when it does become officially activated.

Here's why it was over-hyped in the first place: C'mon!  There's more holes in the rules regarding what telemarketers are covered than in a piece of Swiss cheese.  And if you want to avoid being pestered by the wave of telemarketers warming up their headsets in anticipation of selling you electricity from alternate providers now that deregulation (and open competition for your electricity dollar) is part of the Texas consumer choice landscape, you've got to sign up for a separate "Electric No Call" list. The "regular" "Do Not Call" list costs $2.25 for three years but if you want to avoid electricity solicitation calls, it will cost another $2.55 for five years. But wait, there's more! Get your phone number placed on BOTH lists for FIVE years...for only $4.80!!! Obviously that's the best (financial) choice but remember: That fee is for each phone number you wish to have listed to be unlisted.

Here's why the Do Not Call list was a joke anyway: Getting your number on these "Do Not Call" lists will not stop the flow of unwanted solicitation phone calls, anyway! Got a credit card? That means you have a "prior relationship" with that company and can expect to receive calls from all of your credit card companies AND/OR their affiliates. Charities and non-profit groups are also exempt from these "Do Not Call" lists, too.

Take matters into your own hands.  Here's how to get off of those "junk" mail and phone lists: The bad guys probably won't care too much about these lists, so expect to receive continued unauthorized phone calls from the scam artists of the world. You can always cut all of these technology-driven telemarketing nuisances off at the knees, but it'll cost you: www.bendover.com/junkmail.asp

Don't know what sort of letter(s) to write or where to send 'em?  You do now!  Ben's done all of the work for you, so quit yer whinin'.....

Didja know that we're coming up on the best time of the year to move? That's right, according to a recent issue of Playboy (c'mon, I read it for the articles...): "The perfect time to relocate is mid-October to mid-May, during the second or third week of the month. About 1-in-6 Americans move each year, including one-third of all people in their 20's....."

Since we're talking about moving, let's go down your "things to do" checklist: Moved your phone service and utilities? [Check!] Put in your change of address on your mail? [Check!!] Have all of your belongings held hostage by some rogue movers? [Check...not!!!]  Do your homework (first) and choose the right moving company!  Ben's Moving Tips will save you time, money and lots-o-heartache.....

Since interest rates are still lower than they were a year ago...what are you waitin' for?  Cash in and lock in the lowest rate in decades by re-financing your current mortgage and cut 10 to 15 years off your term!  And the best news of all?  Deal with the best, lay-it-on-the-line/no-games-played-here company in the country, W.R. Starkey Mortgage.

It's easy to get educated about the process first...and the price is right!  (Free!)  Everything you need to know can be found on-line; get your own copy of Bens' 2003 Home Buyer's Guide by clicking here.

 

Now that you're motivated to buy a house, or trade-up from your current home...how would you like to get some cash back on your next home purchase (or sale)?  (I'll show you how.)  Click here.....

Still looking for a cool birthday (or other special occasion) gift that'll keep on giving, all year long?  Then give 'em a subscription to the Dose of Dover...the most reliable source of insight and no s*** ideas available on the planet.  (You can afford it...it's free!)  Time to share the wealth!  Sign-up for a subscription to the weekly Dose of Dover Newsletter right here!

Since death and taxes are inevitable, why not do a little research today and save your family a casket-load of grief down the road?  Know your rights when it comes to end-of-life issues: Spend a tax-deductible $35 and buy your family a lifetime membership to one of Ben's favorite non-profit organizations that specializes in making you smarter: Funeral Consumer's Alliance of North Texas

If you (or someone you know) is even remotely thinking about paying some non-profit credit counseling service, hiring a debt re-negotiation company or filing for bankruptcy, you might wanna read this first:  Trust me, you'll be more informed and a lot more grateful 10-minutes (or less) from now.....

Wanna cut a deal with the IRS? It'll cost ya $150 starting November 1^st: The popular but seemingly-elusive "Offer In Compromise" program-allowing financially-challenged taxpayers to pay a reduced amount of the taxes owed-is gonna start charging an entry fee...here's why.

From the "you just thought they could be nasty" department; some insights on the IRS' new commissioner: According to a tax industry insider: "The new IRS commish is a real hard liner.  In documents that had to be requested under the Freedom Of Information Act (FOIA), the new commish has stated he's going to do his best to eliminate the offer in compromise program.

 

It's also been documented from internal IRS memos (that also had to be pried out via FOIA),  that the new commissioner has isolated and ostracized the congressionally mandated taxpayer advocate department, and that they're not to be privy to any of the of the IRS' internal loop of information.  It really looks like he a mad dog off the leash.  In the future we see a huge backlash against him, but it might take a few years for all that to build up.  The IRS has a new focus in collections even if the taxpayer has already completed and sent in their returns...and the IRS is dragging its heels in processing returns right now; 6 month or more is quite standard time for them to process older, multiple-years of returns."

Don't make the mistake of trying to deal with the IRS on your own.  Lousy advice could not only cost you dearly, it could jack up your total taxes owed, late fees, interest and/or fines to levels that'll make you think about learning Spanish and heading south of the border. If you've got some tax-related challenges, now's the time to tie down those loose-ends on your terms and get a deal worked out before it's too late.  Non-filers...innocent spouses...941 (payroll taxes) for the entrepreneurs amongst us: Know all your options and learn why hiring an Enrolled Agent probably makes the most sense.

What are you waiting for?  Now's the time to get off your butt and start making travel plans for the Thanksgiving holiday weekend! (You're on the clock and it's now 73 days away): Stretch your travel budget and get your Thanksgiving or Christmas-time travel planning handled now. Check out Ben's no-brainer choice for hotel room or condo deals: www.hotels.com.  

Facing some tough decisions on your leased vehicle?  Chill...we've got some solutions for you to consider, first...Plus: How to work out/minimize the impact of a four-wheeled financial mess...And: Why moving out of the country can destroy your credit report faster than a deadbeat ex-spouse.  Helping you avoid the heartbreak of vehicular (budgetary) manslaughter, one nightmare at a time: Check out the September 25, 2003 edition of Ask Benjamin Dover from The Dallas Morning News right here!