TELEMARKETING/INTERNET COMPLAINTS
FREQUENTLY ASKED QUESTIONS
1. Does Virginia have a "Do Not Call" List?
The National Do Not Call Registry administered by the Federal Trade Commission (FTC) serves as the Do Not Call Registry for the Commonwealth of Virginia. The Virginia Telephone Privacy Protection Act (VTPPA) prohibits telemarketers subject to the VTPPA from calling a telephone number on the National Do Not Call Registry.
Telemarketers subject to the VTPPA are required to compare their call lists to the National Do Not Call Registry and remove registered telephone numbers at least once every 31 days.
Click Here For More Information
About the National Do Not Call Registry
2. How do I register for the National Do Not Call Registry and reduce unwanted telemarketing calls?
Registration for the National Do Not Call Registry is free and can be done online or by telephone. Virginians, and other consumers nationwide, can register their home and cellular phones for the National Do Not Call Registry online by clicking below:
Register Your Home Or Mobile Phone
With the National Do Not Call Registry
(Consumers need an active e-mail address to register online)
To register by phone, consumers must call from the number they want to register.
Toll free telephone registration number: 1-888-382-1222
(TTY 1-866-290-4236)
3. What other protections against unwanted telemarketing calls do I have under state law?
The Virginia Telephone Privacy Protection Act (VTPPA), Virginia Code §§ 59.1-510 through 59.1-518, provides the following protections against unwanted telemarketing calls to Virginians:
prohibits telephone solicitation calls at any time other than between 8:00 a.m. and 9:00 p.m.;
requires telephone solicitors to identify themselves by first and last name and by the name of the company for which they are calling;
requires telephone solicitors to transmit for caller identification services the number, and when available by the telephone solicitor’s carrier, the name of the telephone solicitor;
prohibits telephone solicitors from intentionally blocking caller identification services;
requires telephone solicitors to play a prerecorded identification message whenever a live sales representative is not available to speak with the person answering the call within two seconds of that person’s completed greeting;
prohibits telephone solicitors from calling a telephone number when someone at that number has stated that he or she does not wish to receive solicitation calls by or on behalf of the company for which the call is being made;
prohibits telephone solicitors from calling a telephone number on the National Do Not Call Registry;
permits individuals to sue to enjoin violations, recover damages of $500 for each violation or up to $1,500 for willful violations, and recover their attorneys’ fees and court costs;
authorizes the Commissioner of the Department of Agriculture and Consumer Services to inquire into possible violations and the Attorney General to issue civil investigative demands; and
authorizes the Attorney General, Commonwealth’s Attorneys, and attorneys for any county, city, or town to sue to enjoin violations, recover damages for affected citizens of $500 for each violation, recover a civil penalty of up to $1,000 for each willful violation, and recover attorneys’ fees and expenses.
4. Which telemarketers are required to comply with the Virginia Telephone Privacy Protection Act?
The Virginia Telephone Privacy Protection Act (VTPPA) applies to telephone calls made to a person’s residence in Virginia, or to any wireless telephone with a Virginia area code, for the purpose of offering or advertising any property, goods or services for sale, lease, license or investment, including offering or advertising extensions of credit.
Similar to federal law, the Virginia Telephone Privacy Protection Act’s provisions that prohibit calling a telephone number on the National Do Not Call Registry do not apply to calls made to any person: 1) with that person’s prior permission as evidenced by a signed written agreement authorizing such calls, 2) with whom the company for which the call is being made has an established business relationship, or 3) with whom the individual telemarketer making the call has a personal relationship. However, these exemptions do not apply when the person called has asked not to be called.
5. How do I file a complaint about unwanted telemarketing calls I've been receiving?
A) Complaint regarding call to number on National Do Not Call Registry.
If you have registered for the National Do Not Call Registry administered by the Federal Trade Commission (FTC), please note that it will take 31 days from the date of registration before telemarketers subject to the Registry must stop calling you. If you receive a telemarketing call 31 days after you register, you may file a complaint. Complaints regarding telemarketing calls made to consumers who registered for the National Do Not Call Registry can be filed with the FTC by clicking below:
File A Do Not Call Registry Complaint With the FTC
Complaints filed online with the FTC are routinely reviewed by law enforcement agencies to determine whether a pattern or practice of violations of the National Do Not Call Registry is occurring. The National Do Not Call Registry can be enforced by the FTC, the Federal Communications Commission (FCC), and the Virginia Attorney General’s Office among other governmental entities.
B) Complaint regarding call from company you asked not to call you and other telemarketing complaints not involving the National Do Not Call Registry.
If you have requested to be placed on a company's own "Do Not Call" list and that company calls you again, you may file a complaint with the Virginia Office of Consumer Affairs (OCA). OCA serves as a central clearinghouse in Virginia for the collection, evaluation, investigation or referral of consumer complaints. If OCA has reason to believe a pattern or practice of deception, or other wrongdoing, in violation of our consumer protection statutes -- including the Virginia Telephone Privacy Protection Act -- is occurring, OCA has authority to investigate and refer its findings to this Office or other appropriate governmental offices for a potential enforcement action. Before it can initiate an inquiry on your behalf, OCA must receive a completed complaint form from you.
Consumers may find out more information about OCA's services and download a complaint form by visiting:
Office of Consumer Affairs
PO Box 1163
Richmond, Virginia 23218
(804) 786-2042
Toll Free in VA: 1-800-552-9963
6. What can I do about all the unsolicited commercial e-mail (spam) I'm receiving?
A) NEVER RESPOND TO SPAM
They say they’ll take your name off the list. What they really want to do is confirm that they’ve got a live address. Also, if you respond, they’ll sell your address to every other spammer meaning you’ll soon be flooded with even more spam.
B) DON’T POST YOUR ADDRESS ON YOUR WEB SITE
It seems like a good idea at the time, but posting your e-mail address on your personal home page is just an invitation to spammers. Spammers and the people who sell spamming as a business have software that "harvests" e-mail addresses from the Net. This software crawls through the Internet seeking text strings that are -something-@-something-.-something. When it finds one, it catalogs it on a database of other e-mail addresses to be used to send spam.
C) USE A SECOND E-MAIL ADDRESS IN NEWS GROUPS
Newsgroups are the great e-mail address gathering ground for spammers. If you post to a group, you are going to get spam -- it is just a matter of time. So how are you supposed to participate? Use a different e-mail address than the one you use for talking to friends and relatives. In other words, have a public address and a private address. You’ll just have to deal with the spam in your public account.
D) DON’T GIVE OUT YOUR E-MAIL ADDRESS WITHOUT KNOWING HOW IT WILL BE USED
If a web site is asking for your e-mail address, they want to use it for something. Be sure you know what. Read the terms of use and privacy statements of any site before telling them your address. Ask yourself some simple questions. Are they going to share or sell my address? Do I want e-mails from this web site? Do I trust them? Is it worth the risk? If you can’t answer these questions satisfactorily, and if you can’t find their privacy statement, don’t give them your address.
E) USE A "SPAM" FILTER
While there is no such thing as a perfect filter, anti-spam software can help keep spam at manageable levels. Some of it is cumbersome, some works better than others, some even requires that you let your e-mail messages go through another system for storage and cleaning. But right now, that’s the way it works.
F) NEVER BUY ANYTHING ADVERTISED IN SPAM
The reason that people spam is because they can make money. They make money, like all advertisers, by convincing people to buy a product. If no one buys the things advertised in spam, companies will stop paying spammers to advertise their products.
G) ASK YOUR INTERNET SERVICE PROVIDER (ISP) TO BLOCK ALL FUTURE E-MAIL FROM THE SENDER
This is an important step that can help you and thousands of other subscribers. Once an ISP has reason to believe their network is being used to send unlawful unsolicited commercial e-mail, they can block all further e-mail sent to its subscribers from the address or domain name of the sender.
H) CONTACT THE DIRECT MARKETING ASSOCIATION'S E-MAIL PREFERENCE SERVICE (e-MPS)
Consumers are encouraged to contact the Direct Marketing Association's E-Mail Preference Service (e-MPS). When consumers register through e-MPS, their e-mail address is removed from the marketing lists of DMA members.
Click here for more information regarding Virginia's SPAM law
VISIT THESE WEB SITES:
Coalition Against Unsolicited Commercial Email(Cauce)
7. What can I do about unsolicited faxes?
Virginia Code § 8.01-40.2 prohibits the intentional electronic or telephonic transmission of unsolicited advertising materials by facsimile machine. Persons who receive such faxes are authorized to bring an action to enjoin violations and to recover the greater of their (i) actual damages, together with costs and reasonable attorney’s fees, or (ii) $500. Violations of the Virginia statute also constitute a violation of the Virginia Consumer Protection Act.
Virginia Code § 8.01-40.2 - Va's Unsolicited Fax Law
The federal Telephone Consumer Protection Act of 1991 (TCPA) and Federal Communications Commission (FCC) rules also prohibit the sending of unsolicited advertisements, also known as "junk faxes," to a fax machine. This prohibition applies to fax machines at businesses and residences.
Get Consumer Facts from the FCC concerning unsolicited faxes
Those who have received unsolicited faxes are encouraged to contact the Virginia Office of Consumer Affairs (OCA) and the FCC regarding the incident(s). You may need to provide documentation in support of your complaint, such as copies of the fax(es) you received. The OCA serves as the central clearinghouse for the collection, evaluation, investigation and referral of consumer protection complaints in Virginia. You may find more information about OCA’s services and obtain a complaint form by visiting OCA’s web site or by calling or writing:
Office of Consumer Affairs
PO Box 1163
Richmond, Va 23218
(804) 786-2042
Toll Free in VA: 1-800-552-9963You also can file a complaint about unsolicited faxes with the Federal Communications Commission (FCC) by completing their online complaint form or calling or writing:
FCC’s on-line Consumer Complaint Form
FCC Consumer Center: 1-888-CALL-FCC (1-888-225-5322)
TTY: 1-888-TELL-FCC (1-888-835-5322)
Federal Communications Commission
Consumer & Governmental Affairs Bureau
Consumer Inquiries and Complaints Division
445 12th Street, SW
Washington, DC 20554You may also wish to consult with a private attorney to discuss your options. If you find that you need to consult with an attorney familiar with this area of the law, you may contact the Virginia Lawyer Referral Service, sponsored by the Virginia State Bar (VSB).
8. What do I do if I have received a suspicious e-mail (such as FROM Nigeria or Lagos)?
Letters and e-mails, like the one you received, are often referred to as "Nigerian Scam" letters or "419" letters after the Nigerian statute that makes them illegal. In recent years American consumers have been defrauded out of $100 million annually by international con artists who send the communications primarily from Nigeria and other West African countries.
This is how the typical scheme works: The e-mail or envelope arrives unexpectedly in your mailbox. It contains a confidential business proposal from a mysterious Nigerian government official who offers the reader a unique business opportunity to earn millions of dollars. The proposal offers a 25% commission for assistance in transferring surplus funds of up to $38 million (obtained from "over-invoiced government contracts") from Nigeria to the United States. The solicitations request the reader to provide a bank account number to complete the transaction. "Investors" who respond to the offer will be required to pay a never-ending assortment of legal fees, personal expenses and government bribes until the victim is drained of all assets.
Please do not respond to these fraudulent business proposals in any way. If you have other questions or concerns, please do not hesitate to contact our Office by calling (804) 786-2071 and asking for our Computer Crimes Unit.
There also is a very helpful web site called the Nigeria 419 Coalition that deals with the topic of Nigerian scam letters. On this site there are instructions about sending the e-mail you received to the US Secret Service Task Force.
9. What do I do if I have a problem concerning an item I purchased from an internet auction site?
FTC Brochure on Internet Auctions