Having fun with telemarketers

Question

Growing up, we had a separate home phone line that was listed in the phonebook and had a distinctive ring. So we knew when someone was calling us who had gotten our number out of the phonebook. This was most often telemarketers. So we would answer the phone and try to order a pizza from them, or pretend we only spoke pig-latin.

Is there anything inappropriate (Halachically/ethically) about doing that?

Personally, I like your sense of humour, and my friends and I have a list of prank calls we used to do to information operators (Gee, am I dating myself, here, or what??) that would have you rolling on the floor. (E.g. - we asked the operator "Where are my socks?") But there may be 2 problems - gneivat da'at and, perhaps, excessive levity? — DanF, Jul 04 '14 at 03:24
It appears we don't have a geneivas daas tag....who thinks we should? [ @DanF ] — MTL, Jul 04 '14 at 03:38
@YEZ - I guess you haven't earned enough points to create new tags? — DanF, Jul 04 '14 at 18:16
@DanF I try not to create new tags unless they seem necessary. Are there so many geneivas daas questions? — Y e z, Jul 04 '14 at 18:17
@YEZ I think you've created a recursive question. The search may do the job, but technically, how would you know how many gneivas da'as questions there are if there hasn't yet been a tag for it? In short, if you feel it could use a new tag, tag your own question. You'll be the innovator. It's a nice "title" to have ;-) It's up to future users to use it, if they wish. — DanF, Jul 04 '14 at 18:29
One time I answered the phone to a telemarkerter and pretended I only spoke Hebrew. "Mah? Ani mitzta'er; ani lo medaber Anglit". :-P He ended up sending me to a Spanish-speaking telemarketer who got so confused they finally hung up. They never called again! — ezra, Jul 11 '18 at 00:57

score 6 · Answer 1 · edited Jul 07 '14 at 16:22

6

There is a prohibition of "Ona'at Devarim" - "Verbal Oppresion". This prohibition emanates from two closely placed verses - Vayikra 25:14 and 25:17 that state "Do not aggrieve one another." This article details the applications of "Ona'as Devarim".

In summary, the caller expected to make a sale. Your attempting to play jokes on him most likely aggrieved him and, perhaps, emabrassed him, as well - a separate prohibition. I would assume that the prohibition of Ona'at Devarim applies to not aggrieving gentiles as well as Jews, but I'd have to check that.

So, while you may have had fun, the caller and God, most likely, may not have had had the same sense of humour...

edited Jul 07 '14 at 16:22

MTL

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answered Jul 07 '14 at 16:09

DanF

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(It probably doesn't apply to non-Jews, but that doesn't mean you should go be mean.) – Double AA Jul 07 '14 at 21:51
@DoubleAA - What makes you feel that it wouldn't apply to non-Jews? Wouldn't "darkei Shalom" apply? – DanF Jul 08 '14 at 01:25
Darkei shalom might, but onaah doesn't. That's what I said above. – Double AA Jul 08 '14 at 01:28
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In re-reading my answer, I am rethinking my assumption. Does a telemarjeter really hope to make a sale when he calls? Or does it not actually matter? I mean, he would like to make the sale, but is that an expectation at the time of the call? It's not quiet the same as when a customer walks into your clothing store, unless he says or indicates that he's there to browse. – DanF Nov 21 '19 at 22:39

score 3 · Answer 2 · answered Jul 10 '18 at 20:14

See Shulchan Aruch CM 227:26 which says that there is no prohibition of Onaas Mamon (money) when done to a goy. This is because of the passuk לא תונו איש את אחיו - A goy is not Achiv.

Concerning Onaas Devarim the passuk says LO TONU ISH ES Amiso, which also excludes goyim.

BUT

See Yam Shel shlomo Baba Kama 10:20 that if a chilul Hashem will be caused it is forbidden.

The SMA in CM 348:2 explains the Rema and Rambam that even when there is no Aveira of Onaah, if it involves Genaivas daas it is still forbidden.

Having fun with telemarketers

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