| Comment Number: | OL-102391 |
| Received: | 11/27/2004 10:04:51 PM |
| Organization: | |
| Commenter: | Robert M. Fesinmeyer |
| State: | WA |
| Subject: | Trade Regulation Rule on Telemarketing Sales |
| Title: | Notice of Proposed Rulemaking, Request for Comment |
| CFR Citation: | 16 CFR Part 310 |
| No Attachments |
Comments:
The TSR should not be amended to allow pre-recorded messages be sent to consumers with whom a pre-existing business relationship exists. 1) The term "pre-existing business relationship" will be abused, allowing messages to be delivered to consumers with only the most tangential relationship to the telemarketer. 2) The suggested amendment does not address the speed with which a consumer can opt-out of receiving pre-recorded messages. A sales representative may be interrupted at the beginning of a message, however a pre-recorded message may not provide the "opt-out" option until the very end. This would force consumers to endure the entire sales pitch before exercising their right to opt-out of further messages, resulting in an unnecessary decrease in consumer rights.