4. 

The Commission should revise its proposed new definition for an  outbound 

telephone call.    

The Commission should exclude from the definition of an  outbound telephone call  

internal  up selling  solicitations to an inbound caller and tailor the definition to impose only the 

disclosure requirements of the Rule on telemarketers who engage in external  up selling  during 

an inbound call.   The current proposed Rule inappropriately fails to distinguish between calls 

transferred between telemarketers representing the same seller and calls between telemarketers 

representing different sellers.  Moreover, the current proposal would subject internal  up selling  

solicitations involving different CSRs to calling hour restrictions, do not call requirements and 

other aspects of  the proposed Rule that logically should not apply to any call initiated by a 

consumer.  

5. 

Caller ID Blocking.   

The Commission also should clarify that the proposed prohibition on Caller ID blocking 

does not affirmatively require the use of equipment that can display the telephone number of the 

calling party.    

6. 

Any national do  not call requirements the Commission adopts should 

preempt the application of state laws and regulations to interstate telemarketing calls. 

Finally, the Commission should preempt state laws to the extent they apply to interstate 

telemarketing calls by sellers within the FTC's jurisdiction to regulate.  This limited preemption 

would dramatically simplify the maze of state telemarketing laws that companies must negotiate 

when executing interstate calling campaigns and is supported by legislative history surrounding 

Congress' authorization of a nationwide do not call database under the Telephone Consumer 

Protection Act ( TCPA ).   

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