burdens to legitimate telemarketing. 

35

  The lack of an established business relationship 

exemption in the FTC's proposed national do not call regime clearly adds a burden to legitimate 

telemarketing   a burden that Congress and the FCC 

expressly determined should not be imposed 

under the TCPA.  

2. 

Calls to Current Customers Already Are Subject to Extensive 

Regulation Under the Existing TSR. 

An established business relationship exemption from the national do  not call 

requirements would not affect other aspects of the existing TSR, including calling hour 

restrictions,

36

 prohibitions against abusive and harassing conduct,

37

 and the requirement that all 

telemarketers must honor company specific do  not call requests.

38

  These provisions of the 

existing TSR effectively protect consumers from unwarranted intrusions on their privacy by 

telemarketers with whom they have formed existing relationships.  If a current customer wishes 

to prevent calls from a particular merchant or service provider with whom the customer does 

business, he or she can do so simply by asking to be placed on the company's own do not call 

list.   

The TCPA's company specific do not call provisions provide substantially identical 

protections.  As the FCC explained, notwithstanding the existence of an established business 

relationship exemption to the rules governing unsolicited telephone solicitations,  a business 

may not make telephone solicitations to an existing or former customer who has asked to be 

placed on that company's do not call list. 

39

  The FCC determined that  [a] customer's request to 

35

Id.

 at 8. 

36

 Proposed Rule   310.4(c). 

37

Id. 

at   310.4(a), (b)(1)(i), (d) and (e). 

38

Id.

 at   310.4(b)(1)(iii)(A). 

39

TCPA Report and Order

, 7 F.C.C.R. 8752, 8770 n.63 (1992). 

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