|Received:||11/27/2004 9:09:19 PM|
|Commenter:||Torben K. Jensen|
|Subject:||Trade Regulation Rule on Telemarketing Sales|
|Title:||Notice of Proposed Rulemaking, Request for Comment|
|CFR Citation:||16 CFR Part 310|
Comments:Negating The Intent Of The National No-call List: Individuals who enter their telephone numbers into the national no-call list do so to gain protection from telemarketing efforts. If ANY concessions are made granting telemarketing firms conditional access to this group of opted-out consumers, the national no-call list may turn into the exact opposite of what it was intended, since telemarketers could possibly use the list as a marketing tool. Such misuse will obviously be extremely difficult to prove if the marketing efforts employed are otherwise legal, and hence, any legislation put in place to prevent it will be virtually impossible to enforce. Consumers on the national no-call list have effectively expressed that they do not wish to receive any telemarketing calls whatsoever. Thus, the introduction of any loopholes allowing telemarketing firms to bypass existing legislation concerning the national no-call list effectively betrays the trust of the consumers who volunteered their personal contact information to the FTC in good faith. This new legislation would violate the implicit contract between those consumers and the FTC and must be considered fundamentally unfair from a legal point of view. The only case in which commercial entities may bypass the no-call list must remain if they are granted express permission by the consumer.