fraudulent telemarketing activity, but it has little or no relevance to the proposed do  not call 

registry requirements, which primarily are aimed at protecting consumer privacy.

48

Because the do not call requirements primarily are concerned with privacy as opposed to 

fraud, an established business relationship exemption limited to the do not call provisions should 

have little or no effect on the Commission's ability to prosecute fraudulent telemarketing.  Calls 

to existing customers would remain fully subject to the TSR's current provisions prohibiting 

misrepresentations

49

 and requiring affirmative disclosure of the material terms of telemarketing 

transactions.

50

The proposed do not call requirements would do little or nothing to advance the FTC's 

interest in reducing telemarketing fraud, but would significantly burden ongoing business 

relationships by requiring sellers to obtain  express verifiable authorization  before 

communicating with customers whose telephone numbers appeared in the national registry.  

Therefore, the fourth and final factor   whether the burdens on legitimate businesses outweigh 

the risk that an established business relationship exemption could be exploited by fraudulent 

telemarketers    strongly supports granting such an exemption.   

B. 

The FTC Should Adopt The FCC's Definition of an  Established Business 

Relationship  for Purposes of Implementing Any National Do Not Call Requirements. 

To avoid potential conflicts with parallel telemarketing laws and regulations administered 

by the FCC, Cox urges the Commission to adopt an exemption that is coextensive with the 

established business relationship exception defined under the TCPA: 

The term established business relationship means a prior or 

existing relationship formed by a voluntary two way 

48

Id.

 at 4517. 

49

 Proposed Rule   310.3(a)(2). 

50

Id.

 at   310.3(a)(1). 

19