|Received:||12/1/2004 12:16:52 PM|
|Subject:||Trade Regulation Rule on Telemarketing Sales|
|Title:||Notice of Proposed Rulemaking, Request for Comment|
|CFR Citation:||16 CFR Part 310|
Comments:Modifying the telemarketing sales rule (TSR) to allow prerecorded calls to customers with whom the caller has an established business relationship (EBR) even where the customer is on the National Do-Not-Call List will create conflict with the existing Telephone Consumer Protection Act (TCPA) statute (47 USC 227(b)(1)(B)) which does not provide an EBR exemption for prerecorded calls which contain commercial advertisements (though the FCC has already wrongly created such an exemption without statutory authority in 47 CFR 64.1200(a)(2)(iv)). The FTC should not repeat the mistake of the FCC. An EBR exemption has historically been heavily abused by telemarketers engaged in illegal telemarketing who fabricate evidence of an EBR in order to avoid civil judgments in TCPA lawsuits. The proposed modification of the TSR will be an invitation to further such abuse.