|Received:||11/27/2004 8:53:10 PM|
|Subject:||Trade Regulation Rule on Telemarketing Sales|
|Title:||Notice of Proposed Rulemaking, Request for Comment|
|CFR Citation:||16 CFR Part 310|
Comments:This proposed amendment is completely unacceptable, particularly after I have already signed up for the Do-Not-Call list. I signed up with a specific understanding of what the rules were and expect them to remain as is. The number one objection to this amendment is the provision of a safe harbor for Telemarketers to deliver prerecorded messages to those with whom they have 'established business relationships' where 'established business relationships' is not defined, or defined far too broadly. The only proper way to allow for these kinds of calls to be made is to require telemarketers to get specific permission that is well defined such as a verifiable, written (not digital) signature on a separate, paper form to be mailed in via the US Postal Service, whose specific, singular purpose is to allow for such calls from a specific business entity. The wording of such form should be standardized and submitted to the FTC as part of this rulemaking and approved only after receiving additional comment from the public assenting to the wording. This permission should not be transferable to any affiliates, subsidiaries or any other entities as such transfers make the permission granted intractable by the consumer -- this being the *exact* same reasoning for the Do-Not-Call list in the first place. In addition, all such permission should terminate after one (1) year, regardless of whether or not there continues to be an 'established business relationship' between the consumer and the business entity.