|Received:||11/28/2004 11:43:54 AM|
|Subject:||Trade Regulation Rule on Telemarketing Sales|
|Title:||Notice of Proposed Rulemaking, Request for Comment|
|CFR Citation:||16 CFR Part 310|
Comments:The proposal to open a safe harbor for prerecorded messages where there is an "established business relationship" is unwise. The definition of "established business relationship" is so vague that it will be abused. For example, if I have purchased a box of cereal at a retail grocer, do I now have such a relationship with the store, the distributor of the cereal, the manufacturer of the cereal, the ad agency of the cereal brand, all other companies that may be part of a conglomerate owning the cereal brand,, and anyone they market sales data to? Given the history of how expansively the the US courts have interpreted the Commerce Clause of the Constitution, it would be plausible that I would have a "established business relationship" with all of them. The potential for abuse of this rule is quite high. Therefore, I ask that this proposed rule not be adopted.