16 CFR Part 310: Telemarketing Sales Rule Federal Register Notice: Rule Review Request for Public Comments as Part of the FTC’s Systematic Regulatory Review #00026

Submission Number:
00026
Commenter:
Stanley Marcus
Organization:
State:
Pennsylvania
Initiative Name:
16 CFR Part 310: Telemarketing Sales Rule Federal Register Notice: Rule Review Request for Public Comments as Part of the FTC’s Systematic Regulatory Review
Matter Number:

R411001

I am a consumer and from my perspective the Do Not Call procedure is not working. I am bombarded daily by invitations to lower my credit card interest, take delivery of a prepaid emergency calling device, have a burglar alarm system installed, take a vacation I have won, lower the rate for my electricity and correct a payment problem with a magazine subscription -- to mention only those of immediate recall. In no case did I have any prior business relation with the caller and in some cases the caller's premise was flat-out fraudulent. Also, this excludes the rash of charitable solicitations that breaks out periodically. The Do Not Call system is routinely violated with impunity because the prohibition has no teeth; it is clear that, despite protestations to the contrary, the FTC is not serious about stopping unwanted calls. My suggestion: 1) mandate that the caller's phone number be accurately displayed and mandate the accurate identification of the company and state of incorporation or registration, making failure a federal crime; 2) give the recipient of an unauthorized call a right to file suit in state court, with a presumption of damages at the maximum of the state's small claims court jurisdiction and allow such claims to be aggregated and transferred to the caller's state of incorporation or registration or location of assets for satisfaction of the judgment(s). The foregoing will give individuals and lawyers an incentive to enforce the Do Not Call rules.