|Received:||12/8/2004 5:23:23 AM|
|Organization:||The Allergy Center, Inc.|
|Subject:||Trade Regulation Rule on Telemarketing Sales|
|Title:||Notice of Proposed Rulemaking, Request for Comment|
|CFR Citation:||16 CFR Part 310|
Comments:I agree 100% that the FTC and the FCC rules should be 100% the same. There should not be any discrepancies or differences between the two agencies. Unfortunatly, there are many differences between the rules imposed by both agencies. The FTC enacted the original DO NOT CALL list and modified the TSR to acheive the desired results. Then the FCC felt it necessary to create their own set of rules, which added to the confusion and showed thier arrogance. It would have been so simple to merely back up the FTC with an identical set of rules. The FTC should not be changing their rules, they were the originators of the DNC and the TSR . The FCC should amend each and every rule they have created to match the FTC 100% and show their support and backing for the FTC. The FTC's rules would have been more than ample to decrease the nationwide telemarketing, instead the FCC felt it necessary to impact even the small mom and pop businesses which perform telemarketing on the local level by stopping in state telemarketing. Furthermore the FCC's rules overstepped the FTC's original intent behind the TSR to weed out illigitimate, deceptive telemarketing operations or telemarketing scams by stopping telemarketing that was used to create bonafide face to face contacts, and further hurting the small local businessman. Again, I reiterate that the FCC should completely remodify all their rules including the automated call rules to match the FTC. The supreme court ruling that upheld the constitutionality of the FTC rules shows they are reasonable, so the FCC should have the burden of modification and should step up to the plate and immediatly remodify thier rules to match the FTC.