Comment Number: OL-103824
Received: 11/28/2004 4:39:07 PM
Organization: self
Commenter: Roger Emge
State: IN
Subject: Trade Regulation Rule on Telemarketing Sales
Title: Notice of Proposed Rulemaking, Request for Comment
CFR Citation: 16 CFR Part 310
No Attachments

Comments:

I respectfully suggest that you do nothing to change the regulations governing the Federal No Call List. It has not been in effect sufficient time for those regulations to be properly and completely tested...... From my point of view, when I opt out I want the regulations to say what I mean, which is that I do not want to be contacted. Let the regulations support opt in provisions. You can be assured that I will not avail myself of opt in provisions. That would be my choice, as it should be...... After all, it is my telephone and I should have the final say as to who uses it. When the telemarketers begin paying my telephone bill, then and only then should should they be able to do as they wish; until then, leave me alone...... Quite frankly, the Indiana law is stronger than the federal law, and it is enforced. I especially appreciate the provision in the law which permits not-for-profit charities to contact me if I am on the no call list, but only if the calls are made using only volunteers of the not-for-profit making the call; paid solicitors are not an exception...... Three months ago I got a call from a not-for-profit charity. The first thing I asked the caller is whether he was a volunteer or whether he was or represented a paid solicitor. I reminded him that I had captured his number on my caller ID and that if he was not within the law I would contact the Indiana Secretary with the phone number. He promptly hung up; I promptly contacted the Indiana Secretary of State with a complaint and his phone number...... My belief that there should be no exceptions beyond what is now permitted (in fact, they should be tightened up) was solidified during the 2004 Presidential election campaign. I received numerous calls which were obviously part of a push poll made by automated equipment. It was obvious that they were push polls because it didn't matter which number you punched on the key-pad, the message continued as if you had pushed what they considered to be the correct key...... There is an old saying that ..... If it ain't broke, don't fix it...... The current regulations are not broken. Don't amend them. A Scripps-Howard newspaper article I read today indicated that one of the reasons for a proposed change was to bring the FTC rules into line with the FCC. You have it backwards. Let the FCC bring their rules into line with the FTC. Thank you,