Huge Problem-O

“They have to complete a DNC form.

You can call the number however and ensure that you have been registered on the list.”

“Telemarketers can be fun to mess with, tho. Someone called me last week asking if I was interested in some new double glazed windows- She was real pushy. I said sure, I would love some new windows, but what I really need are some bulletproof ones, and they had to be circular like little portholes, and by the way, do you sell curtains that would fit them too?”

“"What, you don't remember it happening already?"

bitpusher



déjà vu!

a capella!

ex post facto!



(and I dearly love the Telecommunications Privacy Act, <G>)”

“Hey, someone answer my questions??!”

“What question?”

“Does there have to be a signature to make the deal legitimate? I gave examples above on how a lot of advertising sales works.

I've been on the sales end of it. A "yes" means to go ahead. Unless I'm totally stupid (which I'm not! Hey! lol), I have made every attempt to qualify the person I'm talking to as THE person who has authority to purchase ads. But I don't have a signature on anything.

So the ads (I'm talking radio here. I used to work in radio.) run and what if the "yes" person comes back, after the fact, and says, well I didn't give you an OK to do that?

That's the OTHER SIDE of this issue. Protecting the legimate ad salesperson/entity.

A lot of advertising is sold over the phone. What steps need to be taken to protect both the LEGITIMATE salesperson... and the customer?”

“Our Stature of Frauds (in Tennessee) states only that contracts in excess of $500 must be in writing to be enforceable. Thus, an oral contract less than $500 or less are binding.

Almost all phone sales capture the information by recording. If I were making a phone sale by phone and not recording....then I would fax a work order form and ask for initials or approval if I were selling to businesses.”

“Golly... I never would have suspected that Lizs was Evil Telemarketing Scum! She seemed like such a Nice Person... but then again... That's how they get ya!


Ban Lizs!

Ban Lizs!

Ban Lizs!”

“Tilt,

When I opened the portal for 1997, it opened on a lonely stretch of road in England and caused Princess Diana's driver to wreck into a tree killing her.

Members of the Heaven's Gate cult also saw the portal open and thought it was the portal to heaven and so committed mass suicide

The Damn Hale Bopp comet came flying through the portal too so don't be surprised if you see it in the sky tonight.

When I saw Bill Clinton getting elected for a second term I couldn't bear it anymore and I shut the portal as quick as I could.

Sorry If you didn't make it through.”

“Lizs, if you have sold unneeded goods to the unwary, You will need to make confession.”

“LOL! I am banned (Hey, I'm joining you in "Ban-dom," Geobeet!) and the Catholic Priest is getting on my ass. Errrrr... so to speak. (Remember, I'm NOT a boy, Mr. Catholic Priest!!)

I thank Chili for a straightforward answer, at least for Tennessee. And no, I was not a telemarketer as you think of them today. Just selling ads for a state playoff baseball game we were broadcasting (and then I even helped broadcast it! >8-O And I've helped with football, too. >8-O And volleyball >8-O )

Yup, I am the evilest, most vile thing going today. >8-))”

“If I think i'm interested in a product that someone has, I then set up an appointment for them to come in and meet.
It's that easy.
It's not very offten that I will do biz with a company without meeting them face to face. Then I have my peolpe (oohh that sounded soo cool) do a DNB search on them. It will give me all the info I need on that company.”

“Well Heck, John. I guess some things were just too much fun the first time, Eh? LOL! I think I'll go downstairs and pop a digital clock in the microwave... just for the halibut. Hale-Bopp we must!

Lizs, I'm sure you were so young and pure of heart you had no concept of the evil you had loosed on the world. I'm also certain that our Old Buddy CP will grant you absolution with a complimentary tour of his rectory.”

“R-E-C-T-???? ewwwwwwwww

And Tilt, here I thought we might travel back to 1977 together... sigh”

“lizs --

Chili is right, in most states you need written evidence of a contract over a certain amount, such as $500. If it's under that amount, it's an oral contract which can be binding. Problem is, when oral contracts are contested it usually turns into a swearing match. Unless someone has a tape, of course.

BTW I highly recommend taping calls with these scumbags if it's legal in your state. In Louisiana, for example, we have "one party consent" which means you can tape someone without their knowledge or consent. Which means you can use it in court.

Anyhow enough of law. I wanna get back to the woods. And purse my career goal of becoming a redneck hillbilly.”

“New Girl,
How much buissness do you do with that mill and is your company part of a larger corperation? You might talk to your boss because you might not have been the only one. If the mill wants your continued buissness (and possibly the corperations) I think they would settle it.”

“'77?

Do You Feel Like We Do?

<GUFFAW>

Does Stratdewd have one of those microphones with the straw? <GRIN>


At the risk of going off on another rectitudinal tangent, I'll just post This Link, then run like hell.

"In Demento We Trust!"”

“As a purchasing manager for a large corporation I've always steered clear of verbal agreements unless it a supplier we have a very good history with. I believe the Uniform Commercial Code states any contract over $1,000 must be confirmed in writing (fax, mail, etc).

Lizs, what I would do is fax the party that has agreed to buy advertising a brief one page summary of what they have agreed to buy and get them to initial it and fax it back. As for who has the authority to bind on behalf of a corporation, that can get sticky..usually it is the officers of the company and/or the Purchasing agents as well. There are different standards at different companies, so it's best to ask outright like you have been doing. Include that in your confirming fax back to the buyer.

IMHO taping works well if you clearly ask point blank "Do you have the authority to act as an Agent for your Company?" Then, if they say yes ask them "Are you contracting with my firm for advertising for the period such and such for this dollar amount?"

This will definitely CYOA.

Tex”

“Alright, now that we have this all debated and the boss wants me to write a letter, how would you guys suggest I word this thing. My boss basically told me that we should say that I never gave authorization in the first place and even if I did, I do not have that power only he does. Suggestions?

Smiley, I am writing you right now. Corporal, why in the world, do you want to do business w/ this co.?”

“Newgirl, IMHO, you need to leave out the part of "if I did, I did not have authority".

You need to write a firm but polite letter stating that you never gave authority and requesting any and all supporting documents, recordings or other evidence that would suggest that you did.”

“The fact that you are an employee of your firm makes your companys obligation binding to anything you approve. So drop the last part. Also give them a door way to get out. Like... "Either your representative made a mistake, or misunderstood, in our prior conversation, or there was someone in your firm who incorrectly made this unauthorized transaction take place."
If you give them a way out... Safe passage! Then they probably will take it!”