Comment Number: OL-109379
Received: 12/10/2004 12:18:03 PM
Organization:
Commenter: David Clemens
State: CA
Subject: Trade Regulation Rule on Telemarketing Sales
Title: Notice of Proposed Rulemaking, Request for Comment
CFR Citation: 16 CFR Part 310
No Attachments

Comments:

66-Million subscribers to the DO NOT CALL list didn't intend for the telemarketing industry to find a "work around" permitting automated telephone SPAM solicitations. This rule change directly subverts the will of the people and spirit of the DO NOT CALL legislation. If this rule is adopted, the telemarketer should be required to obtain an affirmative OPT IN consent for any consumer's telephone numbers they desire to reach. As consumers, our e-mail inbox is littered with automated SPAM messages, our fax machines are full of JUNK FAXES, our mailboxes are stuffed full of unwanted catalogues and JUNK MAIL. Under this rule, our telephones will be overrun with the equivalent of SPAM, JUNK FAXES, and JUNK MAIL. It's time for the telemarketing industry to realize the public is fed-up with being treated like lambs to the slaughter. Further, the "established business relationship" provisions should only apply to businesses with whom the consumer has a continuous relationship, not a casual purchase at a store, restaurant, hotel, etc. The concept should clearly be limited to those business entities with whom the consumer clearly and continuously maintains a financial relationship - their bank, insurance company, etc., and the consumer has affirmatively agreed with the business it desires to obtain additional information. Please reject the proposed rule change, or require an OPT-IN consent from the consumer before permitting any number on the DO NOT CALL LIST to be SPAMMED with voice messages. David Clemens