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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:
201005-3084-003
Status:
Historical Active
Previous ICR Reference No:
200907-3084-003
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:
08/20/2010
Retrieve Notice of Action (NOA)
Date Received in OIRA:
08/10/2010
Terms of Clearance:
Inventory as of this Action
Requested
Previously Approved
Expiration Date
08/31/2013
36 Months From Approved
07/31/2012
Responses
1,312,236,750
0
1,308,667,007
Time Burden (Hours)
1,677,722
0
1,634,347
Cost Burden (Dollars)
6,561,101
0
6,502,348
Abstract:
The amendments to the FTC's Telemarketing Sales Rule (TSR) address unlawful practices that have been occurring with increasing frequency in the telemarketing of debt relief services, including for-profit credit counseling services, debt settlement, and debt negotiation services. Based on recent law enforcement actions, staff outreach to stakeholders, analysis of complaint data, and other research, the Commission believes that tailoring the TSR to address law violations in the sale of debt relief services is warranted under the Telemarketing Act to enhance consumer protection.
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:
3084-AB19
Final or interim final rulemaking
75 FR 48458
08/10/2010
Federal Register Notices & Comments
Did the Agency receive public comments on this ICR?
Yes
Number of Information Collection (IC) in this ICR:
27
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
Gen'l & specif. discl. for inbd dbt relief calls tied to direct mail
Gen'l & specif. discl. for inbd dbt relief calls tied to gen'l media
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
Rcrdkpg for those newly subj. to TSR b/c of proposed dbt relief provs.
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 non-exempt DM inbd calls for dbt relief
Specific discl. for outbd calls for debt relief
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
1,312,236,750
1,308,667,007
0
3,569,743
0
0
Annual Time Burden (Hours)
1,677,722
1,634,347
0
43,375
0
0
Annual Cost Burden (Dollars)
6,561,101
6,502,348
0
58,753
0
0
Burden increases because of Program Change due to Agency Discretion:
Yes
Burden Increase Due to:
Changing Regulations
Burden decreases because of Program Change due to Agency Discretion:
No
Burden Reduction Due to:
Short Statement:
These amendments to the Telemarketing Sales Rule (TSR) address the telemarketing of debt relief services. These amendments define debt relief services, prohibit debt relief providers from collecting fees until after services have been provided, require specific disclosures of material information about offered debt relief services, prohibit specific misrepresentations about material aspects of debt relief services, and extend the TSRs coverage to include inbound calls made to debt relief companies in response to general media advertisements. The amendments are necessary to protect consumers from deceptive or abusive practices in the telemarketing of debt relief services. The Final Rule requires specific new disclosures in the sale of a debt relief service, as that term is defined in § 310.2(m). The disclosures will provide consumers critical information before they enroll in a debt relief service. In addition, new respondents will be subject to the existing provisions of the TSR, including its general sales disclosures and recordkeeping provisions. The required disclosures are necessary to inform consumers of important information about the debt relief services being offered. The recordkeeping requirements are necessary to facilitate law enforcement by ensuring that debt relief service providers retain records demonstrating their compliance with the Rule.
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]?
No
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:
Catherine Harrington-McBride 202 326-2452 cmcbride@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:
08/10/2010
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