|Received:||12/28/2004 11:55:21 AM|
|Subject:||Trade Regulation Rule on Telemarketing Sales|
|Title:||Notice of Proposed Rulemaking, Request for Comment|
|CFR Citation:||16 CFR Part 310|
Comments:Proposal is not acceptable. Only sellers that have a signed authorization from the consumer allowing the seller to call the phone number provided by the consumer should be able to exercise the right to call the consumer. The sellers should be made to send thru the mail the acknlowegement of the authorization on a bi-annual basis and any sale or rental of this authorization should be illegal and have stiff fines and/or remedies. This would allow for the seller to call the consumer two times a year only. Any sales call from the seller must include a company name and phone number to a customer service department for reporting non-compliance and a compliance report should be required on a bi-annual basis and sent to the telephone company in order for the telemarketing company to keep their service. The telephone companies are profiting from this business and in essence provides for this business to exist. Therefore the telephone companies should be required to administer this compliance and pass onto the sellers the costs for this. In addition, the telephone companies should also provide for legal advocacy for its customers that would allow for class action suits against any sellers having proven to sell/ rent or shown non-compliance. Any telemarketing companies that can still make a profit from the increase of this cost to do business and is still in compliance with its bi-annual reporting will have proven to the consumer to be credible enough to continue telemarketing their product or service. A bi-annual list of credible sellers should be made available to the public by the phone companies.