47CFR64.1200 (a)(6):

Whenever a sales representative is not available to speak with the person answering the call, that person must receive, within two (2) seconds after the called person's completed greeting, a prerecorded identification message that states only the name and telephone number of the business, entity, or individual on whose behalf the call was placed, and that the call was for "telemarketing purposes."

"They may well have made that phone call. What I can do-- quite honestly-- if you provide me your phone number, I can have our marketing department contact the outbound telemarketer to verify that it was, in fact, they who called you. They have those records, of course."

"They are an independent contractor; they're not our agent. So, therefore, they can't identify themselves as us."

47CFR64.1200 (e)(2)(iv):

Identification of telephone solicitor. A person or entity making a telephone solicitation must provide the called party with the name of the individual caller, the name of the person or entity on whose behalf the call is being made, and a telephone number or address at which the person or entity may be contacted.

"I respect the fact that you've expended a fair amount of time discussing this issue with us."

"Well, I would hope, [first name], that you understand that we take phone calls such as yours with a sincerity, and Ms. [name] indicated to me that you had made a request to talk to somebody in management above her level of management. And when you called this morning, [name] came over and said "Mr. [name] is on the phone. Would you talk to him?" And I said, "Well, of course I would."

"Well, I guess I still don't understand, [name], why you think you should sue us."

FCC Report and Order:

The TCPA provides consumers with a private right of action, if otherwise permitted by state law or court rules, for any violation of the autodialer or prerecorded voice message prohibitions and for any violation of the guidelines for telephone solicitations.