|Received:||1/10/2005 2:38:56 PM|
|Subject:||Trade Regulation Rule on Telemarketing Sales|
|Title:||Notice of Proposed Rulemaking, Request for Comment|
|CFR Citation:||16 CFR Part 310|
Comments:I am against easing of the current rules. The purpose of the do-not-call list is to allow us, the citizens and consumers, to stop unwanted/unnecessary calls. The current rules limit marketers due to the cost. The proposed change does not opening the phones to a lot higher volume. We joined the do-no-call list believing that this would eliminate most if not all calls. The proposed changes belie that promise. The small opt-out rate is not a factor since the vast majority of citizens just hang up rather than exercise any type of opt-out action. Before making any change, a comprehensive study of list members should be taken to determine the true number of those who would like to opt-out vs. those that do. I believe the percentage would increase to extremely high levels, perhaps 50% or more. Further, prerecorded calls do not allow one to opt-out until after the message while most of us hang up before the message is played for any length of time. Finally, the thought that because we have purchased something within the last 18 months or made an inquiry means we want solicitations is also ludicrous. Occasional and on-time purchases indicate the customer does not want to do business with that concern on a regular basis. An inquiry means only that the customer was seeking information but, if that is the only contact, obviously did not want to do business with the concern. Both indicate that the customer does not want further followup unless specifically agreed to and/or requested putting these exceptions in the realm of going against the stated purposes of the regulations and against the consumer's wishes. The regulations should be changed so that inquiries are not considered grounds for calls unless the consumer has given specific permission for such. The regulations should also be tightened to define a pattern of purchases that show the consumer does business on a regular or semi-regular basis, and changed so that unless such is shown calls cannot be made for more than 90 days after the last purchase (preferably 30 days) unless the business has obtained specific permission from the consumer to call. These changes would bring the regulations more in line with their intent to protect the consumer instead of the business as they do now.