Complaints regarding unsolicited and unwanted telephonic communications such as telemarketing phone calls, faxes and pre-recorded messages have led to significant new federal and state laws and regulations to protect consumers and businesses from these abusive marketing practices. Similar laws and regulations exist or have been proposed in other countries, including Canada, Australia and every country in the European Union.
Certain regulations, such as the United States Federal Trade Commission's (FTC) Telemarketing Sales Rules, require that a business maintain a list of telephone numbers for consumers who express a desire not to be solicited by telephone, known as a “Do-Not-Call” (DNC) list, and take appropriate measures to ensure that outgoing calls to telephone numbers on DNC lists are blocked. The DNC lists may include one or more lists specific to a particular business, as well as state-wide, national and industry-imposed lists such as the Direct Marketing Association Telephone Preference Service list. Other DNC regulations may define how, when, to whom and under what conditions consumers and businesses may be contacted. A single violation of a federal or state DNC regulation can result in a substantial fine.
Despite the existence of such laws and regulations, many violations occur and go unreported on a daily basis due to the often complicated effort required to file a complaint with the appropriate regulatory authority. In most cases the complaining party must file the complaint through a website by identifying the offending party, the complaining party, and the date and time of the violation. In practice, the process of having to know where to file the complaint, efficiently collecting the required information and taking the time to actually file the complaint, eliminates all but a very small percentage of viable and enforceable complaints.
In an embodiment, a method comprises receiving call information to record a complaint from a called party against a calling party relating to receipt of a call and adding the call information to a complaint database. The call information may be retrieved from the complaint database and a check made for a match between called party information in a regulatory database and the call information. The call information may be updated in the complaint database based on results of the match checking. Reverse lookup information in a third party database may be requested with the call information updated in the complaint database based on results of the request. An entity, such as a telemarketing company, consumer, consumer advocacy group and regulatory body, may request complaint information from the complaint database. In response to the request, an application server may retrieve the requested complaint information from the complaint database and deliver the retrieved complaint information to the entity.
The foregoing and other features and advantages of the invention will be apparent from the following more particular description of preferred embodiments of the invention, as illustrated in the accompanying drawings in which like reference characters refer to the same parts throughout the different views. The drawings are not necessarily to scale, emphasis instead being placed upon illustrating the principles of the invention.
The communication system further includes database server 112, complaint database 114, web/application server 136, regulatory databases 138, third party databases 140, personal computers 116 and Internet 118.
Calling device 102 and called device 104 are communication devices such as wireline telephones, wireless telephones, facsimile machines and answering machines. For purposes of example, the device 102 is referred to as “calling device,” indicating that it is the device that originates a telemarketing call. Likewise, device 104 is referred to as “called device,” indicating that it is the device that receives the telemarketing call.
Calling device 102 and called device 104 connect via links 120, 122 to the switch nodes 106, 108, respectively. The switch nodes may be private branch exchanges or local processing switches often referred to as central office switches. The switch nodes 106, 108 are connected via links 124, 126, respectively, to PSTN 110. A central office switch may comprise any class 5 switch, for example, that includes memory and processor elements for storing and executing software routines for call processing, including providing access to the network 110 and various call features. In an embodiment, the central office switch includes a dual-tone multi-frequency (DTMF) receiver for receiving and processing DTMF signals sent from devices 102, 104.
In the example communication system shown in
The links 124, 126 may be one or more links that transport payload information and signaling information on the same link or on separate links. The payload information may include voice information and additional information such as video, data, commands and text.
In an embodiment, data links 128 connect network 110 to database server 112. The database server 112 connects to a complaint database 114 over data links 130. As described further herein with respect to
In an embodiment, data links 132 connect the complaint database 114, regulatory databases 138, third party databases 140 to web/application server 136. As described with respect to
A secure web portal provides regulatory bodies, businesses and consumers with access to review any complaint logs associated with their marketing and other telephonic activity or individual complaints. Access to the information may be provided after a registration process (e.g., as described with the example flow of
The regulatory databases 138 may include prohibited directory numbers derived from any one or a combination of a Federal do-not-call list, a state do-not-call list, an industry-specific do-not-call list, a client internal list and other defined lists. These lists may be periodically synchronized with other lists that are remotely located at another facility such as a local administration facility, local exchange carrier, central administration facility, or another facility. The regulatory databases 138 may be associated with an automated call compliance management system, such as the Call Advisor product available from Gryphon Networks Corp., Norwood, Mass.
The third party databases 140 may be any commercially available or custom database or database service that includes reverse-number lookup data, such as business or personal name and address information.
As will be appreciated, the servers 112, 136 and databases 114, 138, 140 may reside on the premises of a client, a local exchange carrier, local administration facility, central administration facility, or other remote facility.
In the first interaction, the telemarketer (calling party) places a call to the consumer (called party) over the PSTN network by dialing the called party's directory number, e.g., 617-555-XXXX. Next, the PSTN delivers the call to the consumer, optionally with calling number delivery or caller-ID information. Caller-ID allows the called device to receive a calling party's directory number and the date and time of the call during the first four second silent interval in the ringing cycle. In this example, the calling party directory number is 508-555-XXXX. In the third interaction, one of the following three actions may occur: the consumer may answer the call; the call may ring with no answer; or the call may be directed to an answering machine or voicemail service. Next, at the termination of the call, the PSTN releases any call resources associated with the consumer. Additionally, the PSTN returns control such that the telemarketer is free to place another call into the network.
In the example shown in
In an embodiment, the PSTN receives the entered * code as a DTMF signal. Upon processing the DTMF signal, the PSTN delivers the directory number of the last calling party (e.g., 508-555-XXXX) to the database server 112. In addition, the PSTN may deliver the directory number of the called party (e.g., 617-555-XXXX) as well as the time and date of the call. The database server receives the call information and stores the information in complaint database 114.
While the call example described in connection with
An example data record 300 for storing the complaint information is shown in
Referring now to
At 514, the process continues with the application server requesting reverse lookup information from one or more third party databases 140 based on the respective directory numbers of the calling and called party. If the server determines at 516 that valid reverse lookup information is not available, the server updates the complaint record entry at 518 with a status indicating that no information was found. If there is valid information available, the server updates the complaint record entry at 520 with the reverse lookup information retrieved from the third party databases 140.
The process illustrated in
It will be apparent to those of ordinary skill in the art that methods involved in the present invention may be embodied in a computer program product that includes a computer usable medium. For example, such a computer usable medium may consist of a read only memory device, such as a CD ROM disk or conventional ROM devices, or a random access memory, such as a hard drive device or a computer diskette, having a computer readable program code stored thereon.
While this invention has been particularly shown and described with references to preferred embodiments thereof, it will be understood by those skilled in the art that various changes in form and details may be made therein without departing from the scope of the invention encompassed by the appended claims.
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