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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:
202404-3084-001
Status:
Active
Previous ICR Reference No:
202208-3084-001
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:
04/22/2024
Retrieve Notice of Action (NOA)
Date Received in OIRA:
04/16/2024
Terms of Clearance:
Inventory as of this Action
Requested
Previously Approved
Expiration Date
04/30/2027
36 Months From Approved
10/31/2025
Responses
985,656,328
0
985,652,560
Time Burden (Hours)
1,293,350
0
1,228,050
Cost Burden (Dollars)
4,653,179
0
4,596,659
Abstract:
The Telemarketing Sales Rule ("TSR") requires certain disclosures in telemarketing calls for the sale of goods 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 Commission is adopting amendments that, among other things, require telemarketers and sellers to maintain additional records of their telemarketing transactions, prohibit material misrepresentations and false or misleading statements in business to business (“B2B”) telemarketing calls, and add a new definition for the term “previous donor.” These amendments are necessary to address technological advances and to continue protecting consumers, including small businesses, from deceptive or abusive telemarketing practices. The Commission requests approval for the new recordkeeping requirements of the Rule.
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
89 FR 26760
04/16/2024
Federal Register Notices & Comments
Did the Agency receive public comments on this ICR?
No
Number of Information Collection (IC) in this ICR:
30
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
Onetime recordkeeping for currently covered entities-2024 Final Rule
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
Recordkeeping for new entrants-2024 Final Rule
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
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
985,656,328
985,652,560
0
3,768
0
0
Annual Time Burden (Hours)
1,293,350
1,228,050
0
65,300
0
0
Annual Cost Burden (Dollars)
4,653,179
4,596,659
0
56,520
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:
This is a program change, not an adjustment. The Commission estimates an additional 3,750 annual hours and $116,138 in annual labor costs for new entrants, a one-time burden of 184,650 hours and $5,718,611 in labor costs for established entities, and an annual non-labor cost burden of $56,520. The Final Rule amendments update the TSR’s existing recordkeeping requirements so that the requirements comport with the substantial amendments to the TSR since the recordkeeping requirements were first made in 1995. The requirements are also necessary in light of the technological advancements that have made it easier and cheaper for unscrupulous telemarketers to engage in illegal telemarketing.
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:
04/16/2024