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The Jewish Ethicist: Intrusive Sales Pitches

The Jewish Ethicist: Intrusive Sales Pitches

Is it unethical to slam the receiver on an annoying salesperson?

by

Q. If I pick up the phone and hear a telemarketer, do I have to listen? If I am too timid to tell her that I'm not interested, can I just hang up? And what about the salesperson herself - isn't she guilty of invading my privacy? AP

A. Your question illustrates that many of our everyday dilemmas are not really questions of ethics but rather of etiquette. There are many norms of considerate behavior that are not really ethical obligations, but we should still strive to fulfill them.

A telemarketer who tries to interest me in a savings plan, or a door-to-door salesperson who wants to sell me cosmetics or cleaning products has no particular right to my attention and resources. I don't have to stay on the phone, nor open the door.

Even so, remember that everyone has to make a living, and this includes salespeople. Ask yourself how you would want to be treated by prospects if you were in this line of work! You will probably conclude that if the salesperson and the product are not particularly offensive, the best course is to be polite, and say, "Thank you, but I'm not interested" before closing the receiver or the door. If you're not rushed for time, you might try and listen to the pitch for at least a few seconds so as not to discourage the caller.

A telemarketer is forbidden to call back after being told not to, so don't hesitate to hang up on someone who harasses you in this way. It goes without saying that there is nothing unmannerly about hanging up on a machine.

You should be aware that there are regulations that protect consumers against unwanted telemarketers. Many states in the US maintain lists of consumers who are not interested in telephone sales pitches, and it is forbidden for telemarketers to call them. The Federal Trade Commission has a telemarketing web page - www.ftc.gov/telemarketing - that includes a link to the FCT Telemarketing Sales Rule, giving principles which all telemarketers in the US must abide by.

Telemarketing harassment is just a new version of an age-old dilemma. The Sages of the Talmud discussed the problem of door-to-door salesmen. The Rabbis recognized that these peddlers provide a valuable service, by proffering unique goods and reaching consumers who find it hard to reach a store. On the other hand, such salesmen have an unfair advantage over local merchants, whose expenses are greater because they pay local taxes. Other passages show that the Rabbis recognized the peddler's potential for mischief. Jewish law, millennia prior to the FTC, regulates such selling so as to balance the benefits such salespeople bring and the danger they can cause.

SOURCES: Shulchan Arukh Choshen Mishpat 156:6.

Send your queries about ethics in the workplace to jewishethicist@aish.com

The Jewish Ethicist presents some general principles of Jewish law. For specific questions and direct application, please consult a qualified Rabbi.

The Jewish Ethicist is a joint project of Aish.com and the Center for Business Ethics, Jerusalem College of Technology. To find out more about business ethics and Jewish values for the workplace, visit the JCT Center for Business Ethics website at www.besr.org.

JCT Center For Business Ethics

Copyright © JCT Center for Business Ethics.

Published: October 20, 2001


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Visitor Comments: 3

(3) Anonymous, October 23, 2001 12:00 AM

Kind of mean to do that

If you want conversation with people, go to the local center, don't maliciously waste someone's time.

(2) K Cartter, October 23, 2001 12:00 AM

DMA

Better to use the legal phrase "please remove my name from your call list" Legally your name and phone number is placed on a list that the Direct Marketing Association will remove from all other lists. Simply saying I'm not interested will allow other marketers to still call you at other times.

(1) Anonymous, October 21, 2001 12:00 AM

BOILER ROOM PRODUCTION

Phone telemarketers are paid by their production rate - I engage them in friendly conversation, comment of their accent, keep them talking and hopeful as long as possible, and then turn them down. Done right this will robe them of several sales, make them feel good, and mess up their quotas. There's nothing their bosses can do since it is us who are slowing things down, and they are not supposed to hang up on us until they are sure we will not be a customer. I am retired and often alone, and I have had some nice conversations with other human beings this way.

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