| Comment Number: | OL-113661 |
| Received: | 1/10/2005 1:24:53 PM |
| Organization: | |
| Commenter: | Patti Wilhelm |
| 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:
Members of the Commission: I urge you to retain the current restrictions on automated telemarketing calls. The people of this country have made it very clear that we consider these calls to be an intrusion of our privacy and an invasion of the sanctity of our homes. I understand and share in the blessing of having a right to free speech, but I have never understood how a telemarketer's right to free speech supports his/her claim to exercise that right by coming, uninvited, into my home. As I understand the issue understand the issue now under consideration, there is a conflict in the regulations established by the FTC and the FCC regarding the use of pre-recorded, automatically-generated marketing messages. The FCC has refused to bring it's regulations into allignment with the stricter FTC rules. The FTC, acting on a petition from a telemarketing firm, is now consider loosening its regulations to the less strict level of the FCC. It is not unusual for there to be a conflict in laws or regulations. The interpretation is simple: when there is a conflict, the stricter regulation is followed. I site a very basic example from California. We have maximum speeds posted on most of our roadways and general speed definitions in the Vehicle Code. But our Vehicle Code also defines a basic speed law which essentially states that it is illegal for us to drive at a speed that is too fast for existing conditions. These laws can be in conflict but we have no problem understanding that the stricter rule prevails. If my street is flooded, I had better not be driving 35mph, even if that is the posted allowable speed. Please, please do not give in the telemarketing interests and loosen the regulations that have helped so many of us finally stop the flood of unwanted calls to which we were subjected for so long. Let the FCC keep its looser regulation but retain and enforce the current FTC regulation. Thank you for your consideration of my comments. Patti L. Wilhelm Morro Bay, CA