implicated by the Commission's sweeping proposal to regulate  any and all services related to 

the World Wide Web. 

94

Moreover, as Susan Grant of the National Consumers League noted during the July 

forum,  [o]ne of the distinguishing characteristics of [the internet and Web services] scam is that 

there is no preexisting relationship between the vendor and the business. 

95

  Accordingly, 

because there is no evidence of fraud in the context of ongoing business relationships, any 

selective regulation of Internet and web services should exempt telephone communications to 

existing customers. 

Finally, as several participants in the July forum suggested, any

exception for Internet and 

Web services should be limited strictly to the TSR's prohibitions against deceptive telemarketing 

misrepresentations.  This measure would enable the Commission to target the types of 

telemarketing fraud described in the NPRM without burdening Cox's affiliates and other 

legitimate ISPs and Internet technology and Web services firms with national do not call 

obligations, calling hour restrictions, or disclosure requirements that the Commission has 

generally deemed unnecessary in the business to business context.

  96

94

NPRM

, 67 Fed. Reg. 4492, 4500. 

95

 Rule Tr. at 256 57. 

96

As Jerry Cerasale of the Direct Marketing Association noted, the affirmative disclosure requirements of the Rule 

would be impractical and unnecessary because  unlike business to consumer calls where there is only a brand 

relationship, in business to business calls, it's both a brand and individual relationship.  Rule Tr. at 263. Elaborating 

on this reasoning, Char Pagar of the Promo tion Marketing Association stated: 

you're going to have a situation in B to B calls where you have repeat dealings . 

. . [a sales representative is going to] make a number of calls per day to people 

who [the sales rep] has spoken to many, many times in the past who know what 

the terms are . . . and [the sales rep] is calling them again to say, do you want to 

get X at . . . Y price . . .   

Id.

 at 269.  Keith Anderson of the FTC also suggested that it may be enough to subject businesses to the Rule's 

prohibitions on misrepresentations and not subject them to the disclosure and other requirements of the TSR.  

Id.

 at 

270 71. 

31