From: "Kevin Brosnahan"
To: FTC.SERIUS("tsr@ftc.gov")
Date: Fri, May 19, 2000 5:01 PM
Subject: Telemarketing Review - Comment. FTC File No. P994414

I appreciate the opportunity to make my opinion known.

I have read individual comments from the consumers already posted on the website. Many of the stories being told relate to enforcement of current law. The TSR currently outlaws many of the activities being described. It is important to consider full enforcement of current law before creating new laws that limit legitimate telemarketing further. Bad actors and fraudulent operators seem to be ruining the day for the entire industry. Telemarketing is an industry generating more than $350 billion a year and employing 7 million Americans. Telemarketing companies help educate and train the American workforce, exposing many to new and emerging technology. Those violating the law should be penalized -- don't punish the entire industry with new regulations that fraudulent actors will not follow.

The telephone is a communication instrument, just as is the television or the internet. If we see an advertisement on television we do not like, we change the channel, too many on the web and we surf elsewhere. But for some reason, in the case of the telephone, we should outlaw a viable and valuable ($350 billion a year) industry? We cannot just hang up, we cannot just say "no", we should have the government step in and protect us from unwanted phone calls? The fact is that if telemarketing was solely a nuisance, $350 billion a year would not be sold in this manner. Americans who do not want to be called should realize the value of their information and make arrangements with those they do business with to prtotect it. They should also use the laws already in effect, such as do not call lists, and pursue those breaking the law.

The FTC should also decide whether further protecting Americans from legitimate free commerce is a worthwhile endeavor or morally correct. Those who do not want to receive telephone solicitations should take the steps already available to every consumer to limit calls. Once we limit marketing to an "opt-in" basis, we rob Americans of the opportunity to do business.

Thank you for the opportunity to offer my opinion,

Kevin Brosnahan