Comment Number: OL-110154
Received: 12/14/2004 3:18:18 PM
Organization:
Commenter: Micheal Fox
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:

With regard to the proposed safe harbor of prerecorded telemarketing calls, including the "technology that ensures abandonment of no more than three (3) percent of all calls answered by a person, "measured per day per calling campaign" substituting the phrase "measured over a 30-day period," I would plead the commission not allow this change. In my experience of trying to halt all prerecorded telephone solicitations, telemarketing entities will try any defense to try and prove they had the right to invade one's privacy with an automated solicitation, including (1) claiming an EBR (existing business relationship) when none exists; (2) claiming false nonprofit status when none exists; (3) claiming that their prerecorded calls are allowed under the FCC's current rules regarding prerecorded solicitations sent to existing customers, when in fact there was no mechanism in place to measure the rate of call abandonment. Adding language to the TSR in order to match the FCC's TCPA rules only gives them more ammunition for defense of their unlawful solicitation activities. In a state like mine (Washington), where individual actions using the TCPA are prohibited in small claims (where it was meant to be used) by statute, we have to fall back on our state law and/or the protection of the FCC and your own commission to stop these unwanted, unwarranted and unlawful solicitations. Please don't give the telemarketers another argument to send to regulators that they should have free reign over our telephone lines. The only way I've been able to get them to stop is to buy an antisolicitation device (I should not have to do this! I already PAY for the telephone line). Thank you for your time. Sincerely, Micheal Fox