preposterous results.  Before inquiring about a caller's interest in another seller's products or 

service, a telemarketer who receives an inbound call would have to make a  real time  

determination as to whether the caller's name or number is on the proposed national do  not call 

registry and consider whether the second solicitation is taking place before 8 a.m. or after 9 p.m.  

Cox does not believe that such an impractical and burdensome result was contemplated or 

intended by the FTC.  In fact, the NPRM evidences that the Commission proposed this 

definitional change with only the disclosure requirements of the Rule in mind.

102

  Discussing the 

intent underlying the proposed  outbound telephone call  definition, the Commission states: 

[I]n external up selling, when calls are transferred from one seller 

or telemarketer to another, or when a single telemarketer solicits 

on behalf of two distinct sellers, it is crucia l that customers or 

donors clearly understand that they are dealing with separate 

entities . . . [I]t is also important that consumers understand that the 

purpose of the second transaction is to solicit sales of goods or 

services . . . .

103

Thus, it appears that the Commission's goal in proposing the  outbound telephone call  

definition was limited to ensuring that consumers are not deceived or misled about the nature and 

purpose of  up sell  transactions, or about the identity of the seller of the products or services 

offered in those transactions.  Accordingly, Cox encourages the Commission to tailor the 

proposed definition of  outbound telephone call  to its intended purpose of imposing only the 

Rule's disclosure obligations on telemarketers who engage in  up selling  during inbound 

telephone calls.   

102

NPRM

 at 4500. 

103

Id.

 at 4500 n.70. 

36