Polite Way to Reject Telemarketing and Never Have Them Call Back Again
How telemarketers observe you
If a telemarketing company "cold calls", at that place's a risk it got your number from the phone book. But at that place are a host of other sources.
Marketing companies trawl through public registers – such as the local quango's listing of building consents – looking for personal data to assistance their sales pitch. Many companies, and even some government agencies, sell personal details to telemarketers.
Someday you enter a competition, make full out a warranty bill of fare or subscribe to a magazine, the visitor volition probably add you to its marketing database. It may on-sell your details (Consumer NZ doesn't).
If you're a TrustPower customer and you pay your neb on fourth dimension, you'll automatically become a TrustPower "Friend". Ane reader told united states how TrustPower telemarketers cold-chosen and tried to convince her to switch her toll account from TelstraClear to ihug. TrustPower says customers are given the option about whether they want to receive marketing information when they first bring together up.
What can you do?
Getting them to terminate calling
The NZ Marketing Clan operates "exercise non post" and "do not call" registers, bachelor free to consumers (not businesses). If you don't desire to receive cold calls from telemarketers, your dwelling house contact details can exist added to the list.
The Clan's 500 members use the list to find out who doesn't want to be called. But it'southward not foolproof - yous'll still get calls from companies that aren't members of the Association. In that location are similar schemes overseas.
To use the NZ Marketing Association registers (available only to consumers, not businesses):
- Visit the Marketing Association website and add yourself to the 'do non phone call' and 'do not mail' lists.
- Email the Marketing Assocation service (contactus@marketing.org.nz) with your total name, home address and dwelling house telephone number.
- Or write (with your full name, address and telephone number) to Do Not Mail and Do Non Call Registers, Marketing Association, P O Box 47681, Ponsonby, Auckland.
Dealing with problems
Get-go, attempt to resolve the thing with the visitor concerned - put your complaint in writing. If this doesn't work, write to the Clan with supporting material and proceed copies of all correspondence relating to your complaint: it will help resolve disputes involving members and, sometimes, not-members. In that location is no fee.
Complaints the Association receives about New Zealand telemarketers are usually about lack of communication and the late or non-delivery of appurtenances. These can often be resolved.
You lot tin can also have a complaint to the Disputes Tribunal . Just, if the company was based overseas, you're probably out of luck.
Your legal rights
If you lot think a telemarketer has treated you lot unfairly, or misled or deceived you while you were ownership a product, you have protection under the Fair Trading Act and tin can complain to the Commerce Committee.
If the telemarketer sends you goods that are faulty or aren't fit for the purpose yous bought them for, that's a breach of the Consumer Guarantees Deed and yous're entitled to a refund.
The Off-white Trading Act too applies if you lot're cold-called past a telemarketer selling goods or services. This Human activity gives you lot a cooling-off menses of 5 working days to cancel if yous sign up over the telephone merely so change your heed. See Uninvited direct sales for more data.
If you gave out personal information nigh yourself for one purpose and it'south been used for some other, you have grounds for a complaint to the Privacy Committee. Y'all can also complain if you lot call back an system has information about you lot but won't permit you come across it.
Your privacy
The Privacy Act requires anyone collecting your personal information to tell you the reason it is being collected, what it will exist used for, and who volition have access. (See our Privacy law report for more information.)
The Human action prohibits anyone from gathering personal data for ane purpose and using it for another, although at that place are some exceptions.
That's why most forms yous fill up out these days inquire if it's okay for the information to exist used for marketing purposes. Non surprisingly, this request is normally buried in the fine print.
Problems can arise if your details are in a public register and the register'south purpose isn't clear.
The Privacy Human activity places limits on when regime departments and businesses can give out personal information. Some departments, like the Inland Revenue Department (IRD), likewise have specific controls in their ain legislation. For example, the IRD can't give out your income details to anyone - except for very express purposes such as data-matching with other government departments to assistance catch benefit fraudsters.
The Privacy Act also means you accept a correct to see any personal data an organisation holds about you. Yous should not exist charged.
If the system doesn't reply within 20 days, or y'all believe it may not have shown all the information it has on you, or information technology fails to correct whatever mistakes, you lot tin ask the Privacy Commissioner to review the matter.
Collecting for clemency
While most telemarketing charities are bona fide, you've got no way of knowing how much of your donation is going to the clemency and how much is being pocketed by the telemarketers themselves.
The Charities Committee is responsible for registering and monitoring charities in New Zealand, under the Charities Human action 2005. One of the requirements of registration is that a charity has to provide data on annual returns.
If you are in dubiousness nigh whether a charity is genuine or not yous can search on the Charities Register website. There is also a free information line: 0508 charities (0508 242 748).
Registration every bit a charity is voluntary. Nonetheless, from July 2008 only charities that are registered are eligible for revenue enhancement-exempt condition.
Market inquiry
Virtually professional market research companies operating in New Zealand are members of Research Clan New Zealand (RANZ). They operate to a code of practice designed to maintain high professional and ethical standards and to protect your rights.
Those taking office in research by members of RANZ should be assured that their identity will not be revealed without explicit consent and that the purpose of conducting the interview is to collect data, non to sell anything – no sales approach volition be made to them as a result of their having taken function.
RANZ provides the following advice for dealing with market research companies (or those claiming to exist conducting market place research):
- The researcher should identify themselves and the proper name of the company they are calling from.
- They will expressly state that they are conducting inquiry or a survey.
- They should politely ask you for your consent to participate in the research exercise.
- They should give yous at least a general idea of the survey topic.
- They should give y'all an indication of how long it will take.
- They should advise you lot if the telephone call is being monitored for quality management purposes and give you the company's contact phone numbers at the cease of the interview.
- If requested, they should requite you lot their supervisor's proper name and contact details.
- If you lot decline to be interviewed then they volition not put any pressure on you to go on.
If whatever of the above does non happen, they may not be operating under RANZ's lawmaking of practice.
If you have concerns that enquiry may not be legitimate, yous can ask the following questions:
- Are y'all calling me to conduct market inquiry or will you endeavor to sell me something?
- Tin you provide me with the proper name of your company and contact details then I can verify that you are a legitimate research firm?
- Tin can y'all give me the telephone number of your supervisor?
These questions should be handled confidently by legitimate researchers or upstanding sales people.
While not all legitimate market research companies are RANZ members, if they are you lot can exist confident that they are operating to a code of conduct that ensures they are not misleading you and that your privacy volition exist protected.
For more than information and to bank check whether a company is a member of RANZ, see www.researchassociation.wildapricot.org.
Our view
- Don't make instant buying decisions. Look until yous've seen all the details in writing.
- If y'all think yous're being called from overseas, don't buy. It'll exist almost impossible to track them downwardly if something goes incorrect.
- Sentry what you say. In several cases nosotros investigated, consumers' recollections of what they agreed to were wrong.
- Keep records. Note the date of the call, the telemarketer's details, the conditions of the sale and whatever promises made by the telemarketer.
- Make certain you can render goods if you find them unsatisfactory. Find out the time period and who'll pay the stamp.
- Choose to exist billed instead of paying upfront. That way, you'll go to see the appurtenances before you pay. If you lot can't do that, pay past credit card – if there's a problem, you lot might be able to become a chargeback.
- If yous're caught out past misleading or aggressive marketing, don't pay the bill. Contact the company immediately to seek a refund.
- If y'all detect information technology hard to stand upwardly to ambitious callers, get an answerphone or messaging service. It will screen your calls and you only need to reply to the ones you lot want. It'south a pocket-sized price for peace of listen.
- Employ the NZ Marketing Association Name Removal Service (come across 'What can y'all do?' above).
Source: https://www.consumer.org.nz/articles/telemarketing
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