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FTC

RIN: 3084-AA98

Publication ID: Fall 2004

Title: Telemarketing Sales Rule
Abstract: This rulemaking is related to RIN 3084-AA86. In 1995, the Commission issued the Telemarketing Sales Rule (TSR), 16 CFR part 310, under the Telemarketing and Consumer Fraud and Abuse Prevention Act (TSR Act), 15 USC 6101-6108. The TSR requires telemarketers to disclose information; prohibits misrepresentations; limits the times telemarketers may call consumers; prohibits calls to consumers who ask not to be called again; and sets payment restrictions for the sale of certain goods and services. In the Fall 2003 Agenda, the Commission reported that it had completed its review of the TSR as required by the TSR Act. That review was summarized in the statement of basis and purpose for the Amended TSR. 68 FR 4580 (Jan. 29, 2003). Among other changes, the Amended TSR established the National Do Not Call Registry, enabling consumers to register their preference not to receive telemarketing calls. On July 31, 2003, the Commission published a Final Rule further amending the TSR by establishing the fees that would be charged to entities engaged in telemarketing that access the National Registry. 68 FR 45134. The Consolidated Appropriations Act of 2004, Pub. L. No. 188-199, 188 Stat. 3, Division B, Title V (Appropriations Act), which was enacted on January 23, 2004, required that the Federal Trade Commission amend the TSR within 60 days of enactment to require telemarketers subject to the TSR to obtain from the FTC the list of telephone numbers on the do-not-call registry once a month. Accordingly, the Federal Trade Commission announced a proposal to amend the "do-not-call" provisions of the TSR to require that telemarketers subject to the Rule access the national do-not-call registry and purge numbers on the registry from their call lists every month, instead of every quarter as the Rule originally required. 69 FR 7330 (Feb. 13, 2004). The proposal would also allow a consumer to assert a valid do-not-call complaint thirty days after entering his or her number rather than waiting three months as originally required. On March 23, 2004, the Commission announced that the amendments to the Rule provisions will become effective on January 1, 2005. 69 FR 16368 (Mar. 29, 2004). In the Appropriations Act, Congress also authorized the Commission to collect fees of $23.1 million in Fiscal Year 2004 to implement and enforce the Amended TSR. Pursuant to the Appropriations Act, the Commission published an NPRM that would amend the TSR to revise the fees charged for industry access to the national do-not-call registry. 69 FR 23701 (Apr. 30, 2004). On July 30, 2004, the Commission published a Final Rule revising those fees. 69 FR 45580. Under the new fee structure, the annual fee for each area code of data accessed will be $40, and the maximum amount that any entity will be charged for access to 280 area codes of data or more will be $11,000. The Final Rule continues to allow all entities accessing the Registry to obtain the first five area codes of data for free, and allows those entities exempt from the Registrys requirements to obtain access at no charge. The new fee schedule is effective September 1, 2004.
Agency: Federal Trade Commission(FTC)	Priority: Substantive, Nonsignificant
RIN Status: Previously published in the Unified Agenda	Agenda Stage of Rulemaking: Completed Actions
Major: No	Unfunded Mandates: No
CFR Citation: 16 CFR 310
Legal Authority: 15 USC 6101 to 6108

Legal Deadline:

Action	Source	Description	Date
NPRM	Statutory	30-Day "Do-Not-Call" Registry	03/23/2004

Timetable:

Action	Date	FR Cite
NPRM - Monthly Access Requirement	02/13/2004	69 FR 7330
Comment Period End	02/26/2004
Final Rule Announced	03/23/2004
Final Rule (31 day access requirement)	03/29/2004	69 FR 16368
Final Action Effective (31 day access requirement)	01/01/2005
Amended Fees NPRM	04/30/2004	69 FR 23701
Comment Period End	06/01/2004
Final Rule (revised fee schedule)	07/30/2004	69 FR 45580
Effective date of new fee schedule	09/01/2004

Regulatory Flexibility Analysis Required: No	Government Levels Affected: None
Small Entities Affected: Businesses	Federalism: No
Included in the Regulatory Plan: No
Related RINs: Related to 3084-AA86
Agency Contact: Allison Brown Attorney Federal Trade Commission Division of Marketing Practices, Bureau of Consumer Protection, 600 Pennsylvania Avenue NW, Washington, DC 20580 Phone:202 326-3079 Email: aibrown@ftc.gov David M Torok Attorney Federal Trade Commission Division of Marketing Practices, Bureau of Consumer Protection, Washington, DC 20580 Phone:202 326-3075 Email: dtorok@ftc.gov