|Received:||11/27/2004 7:08:42 PM|
|Subject:||Trade Regulation Rule on Telemarketing Sales|
|Title:||Notice of Proposed Rulemaking, Request for Comment|
|CFR Citation:||16 CFR Part 310|
Comments:This is a horrendous idea. I have two main concerns: (1) meaning of “established business relationship” and (2) the effectiveness opt out provision. (1) What does “established business relationship” mean? If I fill out an entry form at the mall to win a new Ford SUV and I provide my telephone number for Ford to contact me if I win. If Ford then gives my data to a research company, which later calls me on behalf of Ford, does that constitute a prior business relationship? This may constitute a prior business relationship. But what if I receive a call from the same research company on behalf of another client other than Ford? Would that constitute a prior business relationship? The answer should be no, however, I am not sure whether the FTC will interpret “established business relationship” in the same manner. (2) As for the ''opt out'' provision, I do not believe that such a provision is effective. I have in the past requested to be removed from such calling lists with no avail. Will the FTC be monitoring whether the telemarketer abides by the consumer’s requests? Will they be penalized if they do not? How hard and time consuming is this process going to be for the consumer? Am I going to have to spend time calling each one to be opt out? My concern is that I wasted my time making these requests that will not be honored.