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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:
202204-3084-004
Status:
Historical Inactive
Previous ICR Reference No:
201902-3084-001
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:
Comment filed on proposed rule and continue
Conclusion Date:
06/16/2022
Retrieve Notice of Action (NOA)
Date Received in OIRA:
06/03/2022
Terms of Clearance:
OMB files this comment in accordance with 5 CFR 1320.11(c). This OMB action is not an approval to conduct or sponsor an information collection under the Paperwork Reduction Act of 1995. This action has no effect on any current approvals. If OMB has assigned this ICR a new OMB Control Number, the OMB Control Number will not appear in the active inventory. For future submissions of this information collection, reference the OMB Control Number provided. Resubmit when proposed rule is finalized.
Inventory as of this Action
Requested
Previously Approved
Expiration Date
09/30/2022
36 Months From Approved
10/31/2022
Responses
986,855,068
0
986,855,068
Time Burden (Hours)
1,233,817
0
1,233,817
Cost Burden (Dollars)
4,717,987
0
4,717,987
Abstract:
The Federal Trade Commission (“FTC”) issued a Notice of Proposed Rulemaking (“NPRM”) that would amend the Telemarketing Sales Rule (“TSR”) and add both new recordkeeping requirements and modifications to existing recordkeeping requirements for sellers or telemarketers. While the Commission has made substantial amendments to the TSR over the last 25 years to address the rise in unwanted calls—including by identifying new abusive and deceptive telemarketing practices such as prohibiting robocalls and calls to consumers on the DNC Registry—the TSR’s recordkeeping provisions have remained largely static and no longer adequately meet the needs of the Commission’s law enforcement mission to protect consumers. In developing the proposed amendments, the Commission carefully considered the types of records sellers and telemarketers likely keep in the ordinary course of business, any additional burden the proposed amendments would impose, and the types of records that the Commission considers necessary to enforce the TSR.
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
Proposed rulemaking
87 FR 33677
06/03/2022
Federal Register Notices & Comments
Did the Agency receive public comments on this ICR?
No
Number of Information Collection (IC) in this ICR:
28
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
General sales discl. for inbd calls - CCLP exception
General sales discl. for inbd calls - advance fee loans exception
General sales discl. for inbd calls - credit repair sales exception
General sales discl. for inbd calls - invest. opps. exception
General sales discl. for inbd calls - loss recovery services exception
General sales discl. for inbd calls -- business opportunities exception
General sales discl. for inbd debt relief calls
Outbound call disclosures w/o early termination
Outbound call disclosures with early termination
Recordkeeping for live TM calls
Recordkeeping for new entrants for live & prerecorded calls
Specific discl. for inbd debt relief 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 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
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:
As described in the Supporting Statement, the proposed rulemaking would result in additional recordkeeping burden for covered entities. The Commission has also revised downward its estimate of the number of covered entities based on updated industry data from 6,561 in 2019 to 4,385 in 2022. Thus, even though the proposed amendments will add 230,500 recordkeeping hours, the overall impact to the previously cleared estimate in 2019 is an estimated additional 216,439 hours of recordkeeping burden hours, annualized, and cumulative of all affected entities (since there are 2,176 fewer covered entities now). The changes also would result in an incremental increase of $6,265,223 labor costs for recordkeeping over the previously cleared estimate in 2019 of $446,862, resulting in an estimated total of $6,712,085. Finally, the proposed changes would also result in an estimated total of $285,025 in additional capital/non-labor costs. Although per entity capital/non-labor costs for recordkeeping are anticipated to increase by $15 per entity, this yields an overall decrease of $43,025 for the industry as a whole compared to the 2019 clearance because of an estimated reduction of the total number of covered entities.
Annual Cost to Federal Government:
Does this IC contain surveys, censuses, or employ statistical methods?
No
Does this ICR request any personally identifiable information (see
OMB Circular No. A-130
for an explanation of this term)? Please consult with your agency's privacy program when making this determination.
No
Does this ICR include a form that requires a Privacy Act Statement (see
5 U.S.C. §552a(e)(3)
)? Please consult with your agency's privacy program when making this determination.
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]?
No
Is this ICR related to the American Recovery and Reinvestment Act of 2009 (ARRA)?
No
Is this ICR related to the Pandemic Response?
No
Agency Contact:
Patricia Hsue 202 326-3132 phsue@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:
06/03/2022