|Received:||11/27/2004 6:18:34 PM|
|Subject:||Trade Regulation Rule on Telemarketing Sales|
|Title:||Notice of Proposed Rulemaking, Request for Comment|
|CFR Citation:||16 CFR Part 310|
Comments:Dear Sirs: Simply put this regulation was put in place to prohibit the use of telemarketing to those who choose not to recieve such calls. Allowing any party to circumvent this rule denies the citizen the freedom of choice. Pre-recorded or not, these messages typically contain advertisements. Determination of an "established business relationship" can fall into either side's hands. Established guidelines exist to serve the consumer. This change would fundamentally remove that spirit. Telemarketing agencies have, in the past, been known for their loose interpretations of the law. It is my belief that it is due to the fact that these companies stand to gain from the questionable use of these services, with little accountability. Recipients, however, stand nothing to gain through the reporting of these violations aside peace of mind. In the FCC's and citizens' collective judgement, which of these two sides is more likely to act in a lawful manner? Established business relationships, no matter how long standing, are not precedent to allow forced telemarketing to those who have chosen not to receive them. Businesses who would have such a relationship communicate with one another in more live forms such as email, IM, or live telephone calls. Said relationship would in itself typically dissuade call reciepient from reporting the call as illigitimate. Also, calls placed may be subject to receiver tolls (such as in the case of cell phones).These calls could force the consumer to pay said tolls for messages which they may or may not have deemed appropriate. Given current "Caller ID" anonymity technology these messages may never be traced back to their original source. Allowing a provision for pre-recorded messages to recipients with "established relationships" could easily be construed into lists similar to internet "spam subscription" lists, of which the recipient has little or no knowledge of membership. The disturbance of these calls is perceived by the recipient. Please re-affirm the recipient's given right to manage these as they see fit.