services.
54
This exception is startling in its reach. According to the NPRM, this proposed
amendment would expand the TSR's coverage to embrace all outbound business to business
telemarketing involving any and all services related to the World Wide Web.
55
In support of this proposal, the Commission asserts that the sale of Internet and Web
services
56
to small businesses has emerged as one of the leading sources of complaints about
fraud by small businesses.
57
This assertion hardly is surprising, however, given the explosive
growth of the Internet economy. The Department of Commerce reported in February that U.S.
retail e commerce sales increased 19.3 percent between 2000 and 2001,
58
despite the fact that
total retail sales increased by only 3.3 percent during the same period of time.
59
According to the
University of Texas, electronic commerce transactions, including both retail and business to
business sales, generated a total of $830 billion in 2000.
60
As of 1993, few among even the largest companies in the United States had established a
presence on the World Wide Web. By 1998, however, at least 35 percent of all small businesses
had established a Web site and one third of those sites supported e commerce transactions.
61
Since that time, Web sites for small businesses have continued to proliferate. The Small
54
The current version of the Rule already includes an exception to the business to business exemption for calls
involving sales of non durable office or cleaning supplies.
55
NPRM,
67 Fed. Reg 4492
,
4500.
56
Internet services are defined as the provision, by an Internet Service Provider, or another, of access to the
Internet, and Web services are defined as designing, building, creating, publishing, maintaining, providing or
hosting a website on the Internet. Proposed Rule, 310.2(o) and (bb).
57
NPRM
at 4531.
58
See
Press Release, U.S. Census Bureau, U.S. Dep't of Commerce,
Retail E Commerce Sales in Fourth Quarter
2001
(Feb. 20, 2002), at http://www.census.gov/mrts/www/current.html.
59
See id
.
60
See
University of Texas Center for Research in Electronic Commerce
, The Internet Economy Indicators
,
at
http://www.internetindicators.com/execsummry.html.
61
See
U.S. Small Business Admin., Small Business Expansions in Electronic Commerce 8 (2000),
at
http://www.sba.gov/advo/stats/e_comm2.pdf.
21