Comments:

A pre-existing commercial relationship should not provide a safe harbor from the
Do Not Call Registry.  Clearly, if individuals took the time to make sure their
phone lines were free of annoying telemarketing calls by previously registering,
they would not be more forgiving if a telemarketing voice message came from a
business with whom they had previous business dealings.  The suggested ?self-
regulation? by the businesses utilizing such telemarketing in order to preserve
consumer relationships does not provide enough assurance that these calls would
be less annoying than any other type of telemarketing call.  By allowing
telemarketing calls from any business with whom a consumer had a previous
transaction, the Do Not Call Registry would be virtually moot.  By registering on
the Do Not Call Registry, individuals intend to block all live and prerecorded
telemarketing calls and messages.

Also, allowing pre-recorded telemarketing calls that require the consumer to follow
certain prompts in order to indicate the "Do Not Call" status may increase the
frequency of people being victimized by marketing schemes.  In addition,
consumers, especially the elderly and inexperienced consumers, may be
manipulated through the use of pre-existing name-recognition sales pitches. 
Voice recordings do not give consumers the opportunity to ask questions, as a
live telemarketer allows.  The promises of being transferred to a live person seem
illusory ? it seems impossible a company can guarantee they will be able to
transfer each call within two seconds.  Pre-recorded messages are cold and
impersonal.  In order to prevent manipulation and confusion, pre-recorded
messages should be prohibited.

In addition, in gaining a consumer's express written agreement to receive pre-
recorded messages the companies gaining consent must provide adequate
disclosure.  They must indicate how frequently they intend to call, that messages
may be left on answering machines if no one is home, if other companies have
access to their phone-number through the consent, and how a consumer can
cease the phone calls if they so choose.  Such disclosure must be documented
and the rate of repeat calls to homes must be recorded and available for review to
all consumers to make sure companies are not abusing their privileges.

In no way are pre-recorded telemarketing messages from businesses that had
previous dealings with a consumer any less intrusive than cold-telemarketing
calls.  Either way, telemarketing calls are uninvited (especially if the caller placed
her number on the Do Not Call Registry).  Such calls disrupt the privacy of one's
home and impose a wide variety of burdens on consumers.  In an era where
consumers are being inundated with spam email, junk mail, massive television ad
campaigns, and every other sort of advertising ? the phone lines, because they
are paid for by the consumer, should be one mode of advertising prohibited from
abuse.  Pre-recorded telemarketing calls should be prohibited in every way
possible.