Skip to main content
An official website of the United States government
The .gov means it's official.
Federal government websites often end in .gov or .mil. Before sharing sensitive information, make sure you're on a federal government site.
The site is secure.
The https:// ensures that you are connecting to the official website and that any information you provide is encrypted and transmitted securely.
Search:
Agenda
Reg Review
ICR
This script is used to control the display of information in this page.
Display additional information by clicking on the following:
All
Brief and OIRA conclusion
Abstract/Justification
Legal Statutes
Rulemaking
FR Notices/Comments
IC List
Burden
Misc.
Common Form Info.
Certification
View Information Collection (IC) List
View Supporting Statement and Other Documents
Please note that the OMB number and expiration date may not have been determined when this Information Collection Request and associated Information Collection forms were submitted to OMB. The approved OMB number and expiration date may be found by clicking on the Notice of Action link below.
View ICR - OIRA Conclusion
OMB Control No:
3084-0097
ICR Reference No:
200905-3084-002
Status:
Historical Active
Previous ICR Reference No:
200806-3084-001
Agency/Subagency:
FTC
Agency Tracking No:
Title:
Telemarketing Sales Rule
Type of Information Collection:
Revision of a currently approved collection
Common Form ICR:
No
Type of Review Request:
Regular
OIRA Conclusion Action:
Approved without change
Conclusion Date:
07/21/2009
Retrieve Notice of Action (NOA)
Date Received in OIRA:
05/28/2009
Terms of Clearance:
Inventory as of this Action
Requested
Previously Approved
Expiration Date
07/31/2012
36 Months From Approved
07/31/2009
Responses
1,308,667,007
0
2,500,033,146
Time Burden (Hours)
1,634,347
0
2,582,865
Cost Burden (Dollars)
6,502,348
0
12,575,000
Abstract:
The Telemarketing Sales Rule requires certain disclosures in telemarketing calls for the sale of good or services or the solicitation of charitable contributions by sellers and/or telemarketers. The disclosures provide consumers or prospective donors with information necessary to make informed decisions. The current OMB approval for the information collection requirements in the TSR expires on May 31, 2009.
Authorizing Statute(s):
US Code:
15 USC 6101-6108
Name of Law: Telemarketing and Consumer Fraud and Abuse Prevention Act
Citations for New Statutory Requirements:
None
Associated Rulemaking Information
RIN:
Stage of Rulemaking:
Federal Register Citation:
Date:
Not associated with rulemaking
Federal Register Notices & Comments
60-day Notice:
Federal Register Citation:
Citation Date:
74 FR 11952
03/20/2009
30-day Notice:
Federal Register Citation:
Citation Date:
74 FR 25540
05/28/2009
Did the Agency receive public comments on this ICR?
Yes
Number of Information Collection (IC) in this ICR:
22
IC Title
Form No.
Form Name
Discl. for inbd call upsell that results in a sale
Discl. for inbd calls upsold
Discl. for outbd call upsell that results in a sale
Discl. for outbd calls resulting in direct sales and then upsold
Discl. for outbd. calls resulting in direct sales
Inbound calls involving business opportunities
One-time setup of seller disclosures for prerecorded calls
Outbound call disclosures w/o early termination
Outbound call disclosures with early termination
Rcrdkpg for phase-in of Prerecorded Call Provisions
Recordkeeping for live TM calls
Recordkeeping for new entrants for live & prerecorded calls
Specific discl. for inbd. call upsells realizing a neg. option sale
Specific discl. for inbd. call upsells realizing a sale of CCLP
Specific discl. for outbd. call upsells realizing a sale of CCLP
Specific discl. for outbd. call upsells realizing neg. option sale
Specific discl. for outbd. calls involving CCLP
Specific discl. for outbd. calls involving negative options
Specific discl. for outbd. calls involving prize promotions
Submitting identifying info additional times for further Registry access
Submitting identifying info once for Registry access
Written discl. in direct mail solicitations
ICR Summary of Burden
Total Approved
Previously Approved
Change Due to New Statute
Change Due to Agency Discretion
Change Due to Adjustment in Estimate
Change Due to Potential Violation of the PRA
Annual Number of Responses
1,308,667,007
2,500,033,146
0
0
-1,191,366,139
0
Annual Time Burden (Hours)
1,634,347
2,582,865
0
0
-948,518
0
Annual Cost Burden (Dollars)
6,502,348
12,575,000
0
0
-6,072,652
0
Burden increases because of Program Change due to Agency Discretion:
No
Burden Increase Due to:
Burden decreases because of Program Change due to Agency Discretion:
No
Burden Reduction Due to:
Short Statement:
The current cumulative burden estimate of 1,634,347 hours is reduced from the FTCs prior cleared burden estimate in 2006 of 2,500,000 (and, incremental to that in 2008, the additional 82,865 hours for the prerecorded call amendments). Estimated non-labor cost is reduced from $12,575,000 to $6,502,350. These reductions are largely attributable to staffs reduced estimates for the number of telemarketing entities subject to the TSR (from 15,000 to 14,335), based on updated National Registry data, a correction to how the estimated number of inbound telemarketers was extrapolated from that overall estimate, the eliminated prior double-counting of telefunders in staffs burden estimates, and a reduced estimate of the number of direct initial sales from inbound calls subject to FTC jurisdiction (2.8 billion versus 3.3 billion previously).
Annual Cost to Federal Government:
$0
Does this IC contain surveys, censuses, or employ statistical methods?
No
Is the Supporting Statement intended to be a Privacy Impact Assessment required by the E-Government Act of 2002?
No
Is this ICR related to the Affordable Care Act [Pub. L. 111-148 & 111-152]?
Uncollected
Is this ICR related to the Dodd-Frank Wall Street Reform and Consumer Protection Act, [Pub. L. 111-203]?
Uncollected
Is this ICR related to the American Recovery and Reinvestment Act of 2009 (ARRA)?
No
Is this ICR related to the Pandemic Response?
Uncollected
Agency Contact:
Craig Tregillus 202 326-2970 ctregillus@ftc.gov
Common Form ICR:
No
On behalf of this Federal agency, I certify that the collection of information encompassed by this request complies with 5 CFR 1320.9 and the related provisions of 5 CFR 1320.8(b)(3).
The following is a summary of the topics, regarding the proposed collection of information, that the certification covers:
(a) It is necessary for the proper performance of agency functions;
(b) It avoids unnecessary duplication;
(c) It reduces burden on small entities;
(d) It uses plain, coherent, and unambiguous language that is understandable to respondents;
(e) Its implementation will be consistent and compatible with current reporting and recordkeeping practices;
(f) It indicates the retention periods for recordkeeping requirements;
(g) It informs respondents of the information called for under 5 CFR 1320.8 (b)(3) about:
(i) Why the information is being collected;
(ii) Use of information;
(iii) Burden estimate;
(iv) Nature of response (voluntary, required for a benefit, or mandatory);
(v) Nature and extent of confidentiality; and
(vi) Need to display currently valid OMB control number;
(h) It was developed by an office that has planned and allocated resources for the efficient and effective management and use of the information to be collected.
(i) It uses effective and efficient statistical survey methodology (if applicable); and
(j) It makes appropriate use of information technology.
If you are unable to certify compliance with any of these provisions, identify the item by leaving the box unchecked and explain the reason in the Supporting Statement.
Certification Date:
05/28/2009