Cox accordingly urges the Commission to revise the proposed amended TSR to clarify 

that it is not intended to prevent transfers of customer billing information from a seller to its own 

sales agents (and vice versa) for use in telemarketing calls involving the seller's own products 

and services.  Specifically, the FTC should permit the disclosure and receipt of cus tomer billing 

information to and from sellers and their third party telemarketing agents where:  (1) the 

information was originally acquired during the sale of the seller's own goods or services; and (2) 

the subsequent use of the customer's billing information is limited to transactions involving the 

same seller's goods and services.  The Commission also should clarify that nothing in the 

proposed amended Rule is intended to prevent a seller's transfer of comprehensive customer 

records, including customer billing information, to its successor in  interest after an ordinary 

course transfer of control event, such as a merger or sale of a seller's business as a going 

concern.   

IV. 

THE PROPOSED DEFINITION OF AN  OUTBOUND TELEPHONE CALL  IS 

OVERBROAD. 

The Commission's proposed definition of an  outbound telephone call  would extend the 

applicability of the TSR to 

inbound

 calls in two situations:   (1) when, in the course of a single 

call, a consumer or donor is transferred from one telemarketer soliciting one purchase or 

charitable contribution to a different telemarketer soliciting a different purchase or contribution, 

and (2) when a single telemarketer solicits purchases or contributions on behalf of two separate 

sellers or charitable organizations (or some combination of the two). 

99

  In these circumstances, 

the transferred call or second solicitation would be treated as an  outbound telephone call  

subject to all of the requirements of the proposed amended TSR.   

99

NPRM

 at 4500. 

34