Telemarketer calls, preapproved credit offers, good old fashioned junk mail, direct solicitation emails. They’re all as annoying as the ad nauseum political commercials this time of year. Hopefully everyone knows about the do not call list. But were you aware of the Federal Trade Commission’s list of ways to stop junk mail and email solicitations? Did you know about the private cause of action against telemarketers who violate the do not call list in Texas? This, obviously, won’t work on those who do not follow the law (cough cough Nigerian email scams), but should help to curb some of the legitimate direct mail and emails received.

For starters, let’s discuss the do not call list. To verify if you have added your number you can check here assuming you remember the email address used to register the number. Texas also has it’s own version of the list, and you can register your number here. Once your number has been registered 31 days the calls are supposed to stop. But they don’t. Why? The state doesn’t make an effort to enforce the law. Between September 1, 2008 and August 31, 2010 the Public Utility Commission received 6,185 complaints and investigated 13, a whopping 0.21{997ab4c1e65fa660c64e6dfea23d436a73c89d6254ad3ae72f887cf583448986}. The attorney general’s office was somewhat more responsive, receiving 154 complaints and investigating 18, 11.68{997ab4c1e65fa660c64e6dfea23d436a73c89d6254ad3ae72f887cf583448986}.

It’s clear the state lacks the political will to even pretend to care about enforcing the law; thankfully the legislature stepped up to the plate and made a do not call violation a civil cause of action.

Sec. 304.257. PRIVATE ACTION: TELEMARKETING CALLS. (a) A consumer on the Texas no-call list is presumed to be adversely affected by a telemarketer who calls the consumer more than once. The consumer may bring a civil action based on the second or a subsequent violation of Subchapter B if:

(1) the consumer has notified the telemarketer of the alleged violation;

(2) not later than the 30th day after the date of the call, the consumer files with the commission, the attorney general, or a state agency that licenses the person making the call a verified complaint stating the relevant facts surrounding the violation; and

(3) the commission, attorney general, or state agency receiving the complaint does not initiate an administrative action or a civil enforcement action, as appropriate, against the telemarketer named in the complaint before the 121st day after the date the complaint is filed.

Realistically, this provision only has teeth if both the caller and the recipient are in Texas.

To stop receiving preapproved credit and insurance offers you need to contact the credit agencies and opt out of them. The opt out can be for a period of 5 years or a permanent opt out. The web page to opt out is here. Note, the permanent opt out requires action beyond just visiting the web page.

The last piece of opt out is the Direct Marketing Association. They can be contacted to help remove direct mail and email that does not involve credit or insurance offers. Their web page is found here.

Although all these options are not enforced upon most reputable vendors will not violate the lists.