From: Wayne Anderson
To: FTC.SERIUS
Date: Wed, May 31, 2000 1:44 AM
Subject: Telemarketing Review - Comment. FTC File No. P994414

I would like to offer a few comments on the Telemarketing Sales Rule.

While I think the TSR has gone a long way towards protecting consumers since its inception, I believe more should be done. I have registered with the DMA, notified all financial and other institutions that I have accounts with that I wish to 'opt-out' of further marketing, and notified all telemarketers I have been contacted by to place me on their 'do-not-call' lists. Yet despite my best efforts, I continue to receive telemarketing calls. I believe the current system of 'company-specific' do-not-call lists places too much of the burden on the consumer. I would like to see a centralized system that would let a consumer 'opt-out' one time, and have that choice enforced by Federal law (unlike the DMA's voluntary system).

Furthermore, I continue to receive telemarketing calls from companies I hold accounts with attempting to 'cross-sell' or 'up-sell' me additional products and services, related or unrelated to my account. The 'Established Business Relationship' clause of the FCC's TCPA is a gaping hole that gives these companies an exemption to all consumer 'opt-out' efforts. I would like to see regulations that allow a consumer to restrict contact to matters concerning the existing account only, and prohibit a company from calling for any other reason.

Finally, I would like to see the regulations offer meaningful protection for business as well as consumers. Last year my employer was besieged by a telemarketing company selling automobile glass service. We are a destination ski resort, with over 500 hotel rooms under management. All of these rooms have DID telephone numbers, and as a result guests at our resort were receiving these telemarketing calls. Despite numerous complaints from irate guests about being disturbed and woken up during their vacations, we found we were virtually powerless to do anything to stop the calls from coming. This should not be.

Thank you for considering these comments as you review current regulations.

Wayne E Anderson