Don't say yes to a telemarketer

Dr. Paweł Rajba: "Telemarketers have prepared scripts that they read step-by-step. They are often also trained in persuasion techniques to keep us on the phone. Unfortunately, if we engage in conversation by explaining we don't have time or politely thanking for the offer, the calls intensify because the system identifies us as potentially interested."

We constantly receive unwanted calls with offers we can't refuse. Do telemarketers have the right to call us?

– Pursuant to legal regulations, including the GDPR, they have the right to call, but only in specific cases. For example, to ask if they can contact you again to present an offer. However, the use of direct marketing without the consumer's express consent is prohibited. However, this consent cannot be implied, nor can it be derived from any other statement.

We could have given such consent, but we just don't remember about it?

"Of course, it happens that, for example, we clicked thoughtlessly on a website, allowing not only contact but also the sale of our data. Sometimes we're dealing with "trading partners" to whom our mobile network has provided their number. It also happens that telemarketing companies don't have consent, but they buy our number. Unfortunately, they don't care because they know that it's very difficult for an individual user to face any legal consequences. Removing our number from such a company's database is almost impossible. Theoretically, a telemarketer should do this as soon as we request it; in practice, they often claim it's impossible and suggest sending the request by registered mail to the company's headquarters. Few people are that determined."

Where do telemarketers get our phone numbers?

"They obtain data from public registers (e.g., when we run a business); online forms filled out while shopping, where we often agree to more than we would like; classifieds portals; and even data leaks. Some companies specialize in creating such databases, which they then resell to others. Another technique used by telemarketers is generating numbers – which is illegal.

A telemarketer has no right to store or use our phone number without our consent to contact that specific company. Unfortunately, as I mentioned, we often unknowingly give consent by agreeing to be contacted by a familiar store or portal "and its partners." The company then makes money by sharing our data: up to 0.80 cents per name and number.

What if we don't want such calls?

"If we're inclined to tilt at windmills, we can invoke our rights and, during the conversation, flatly refuse further contact, request removal of our number from the database, citing GDPR, or refuse to allow recording. We can add our phone number to the so-called Robinson list. This list contains numbers of people who do not wish to be contacted in this way. The problem is that the report must be submitted by traditional mail to the Direct Marketing Association (SMB), and secondly, it will only be honored by companies affiliated with the SMB. We can also report the company that is calling us to the Office of Electronic Communications (UKE), the Office of Competition and Consumer Protection (UOKiK), and the Personal Data Protection Office (UODO).

Will blocking numbers work?

"In the short term, blocking or hanging up is relatively ineffective because telemarketers use hundreds of different numbers. Ultimately, however, it may lead to them noting you in their database as a "hopeless case" and reducing the frequency of your calls."

As a passive defense, we can, for example, install an app that blocks unwanted calls or at least enable caller ID on our phone, which warns us that a telemarketer or scammer is calling. These apps aren't 100% effective, but they "learn" over time and their effectiveness increases.

Sometimes we refuse, explain, and the person on the other end is like a broken record: they keep repeating the same thing.

"Telemarketers have prepared scripts that they read step by step. They are often also trained in persuasion techniques to keep us on the phone. Unfortunately, if we engage in conversation by explaining we don't have time or politely thanking for the offer, the calls intensify because the system identifies us as potentially interested. The longer we continue the conversation, the more often telemarketers will call. So it's worth being assertive. Sometimes, automated calls also occur, but we usually sense them immediately."

What are the most common tricks used by telemarketers?

– Everyone quickly and with a smile (first impressions are important!) goes through their introduction and mention of the offer, then starts using the language of benefits while trying to gauge our needs. They're not selling: they're offering us a limited-time opportunity (which introduces an element of pressure that hinders thinking).

Sometimes he bridges the gap by addressing us by name. While this technique, straight from the US, doesn't necessarily work with older people, it does when someone from Generation Y or Z answers the phone.

The telemarketer also tries to ask a few questions at the beginning, to which we answer "yes." This could be psychological manipulation – saying "yes" is a form of priming, or psychological "softening," the so-called four-wall technique, which increases the likelihood that we will say "yes" to a sales offer. But we could also be dealing with a much more dangerous fraud: in the age of deepfakes, it's very easy to alter a recording to sound as if we were consenting to a purchase. Such frauds have already occurred in various EU countries. Therefore, when asked questions like "Am I speaking with Mr. Zenon," we should answer "I'm listening" instead of "yes." Unfortunately, today, a dozen or even a few seconds of recording our voice is enough for artificial intelligence to generate any statement pretending to be our own.

Manipulation is building sympathy.

– This can be achieved by asking about well-being, offering praise, pointing out common traits ("my son's name is Zenon, what a coincidence!"), or listening empathetically. It's harder to say no to someone we like.

We are also more susceptible to persuasion when a telemarketer presents themselves as a customer advisor, expert, or authority, rather than simply a salesperson. One of the most powerful influence techniques is the emotional rollercoaster that the telemarketer induces by showing irritation when we hesitate.

Manipulation can also involve bombarding us with supposed freebies. If we agree to buy a pot made of Martian steel, it's much easier to convince us to buy a lid, especially if it comes with a freebie we don't need.

Interviewed by Małgorzata Mazur