by the Rule, and notes that each exemption is justified by one of four factors:  (1) whether 

Congress intended a particular activity to be exempt from the Rule; (2) whether the conduct or 

business in question is already the subject of extensive federal or state regulation; (3) whether the 

conduct at issue lends itself easily to the forms of abuse or deception the Telemarketing 

Consumer Fraud and Abuse Prevention Act ( Telemarketing Act )

19

 was intended to address; 

and (4) whether the risk that fraudulent sellers or telemarketers would avail themselves of the 

exemption outweigh the burden to legitimate industry of  compliance with the Rule.

20

  As 

explained below, the creation of an exemption from the proposed do not call requirements for 

calls furthering an existing business relationship is warranted by each of the foregoing factors.  

1. 

The Legislative History of the Te lemarketing Act and TCPA Support 

the Creation of an Established Business Relationship Exemption. 

The legislative history of the Telemarketing Act specifically states that  [the] regulat[ion] 

of legitimate, mutually beneficial activities is not the purpose of [the statute]. 

21

  Instead, the Act 

was intended to  strike an equitable balance between the interest of stopping deceptive 

(including fraudulent) and abusive telemarketing activities and not unduly burdening legitimate 

businesses. 

22

Congress attempted to strike the same balance in the TCPA.

23

  As the FCC explained, the 

TCPA was not meant to impede legitimate telemarketing practices, but rather was designed to 

balance consumer privacy interests against the  continued viability of beneficial and useful 

19

 15 U.S.C.    6101 6108. 

20

NPRM

, 67 Fed. Reg. 4492, 4528. 

21

House Report on the Telemarketing Act

, H.R. Rep. No. 103 20, at 2 (1993). 

22

Id.

23

 47 U.S.C.   227 (2001). 

13