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FTC RIN: 3084-AA98 Publication ID: Fall 2007 
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 U.S.C. 6101 to 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. Among other changes, the amended TSR established the National Do-Not-Call Registry, enabling consumers to register their preference not to receive telemarketing calls (68 FR 4580; Jan. 29, 2003). To date, consumers have registered over 145 million telephone numbers on the Registry, which accepts home land line and personal cell phone numbers at http://www.donotcall.gov or 1-888-382-1222. 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 Do-Not-Call Registry (68 FR 45134). The Consolidated Appropriations Act of 2004, Public Law No. 188-199, 188 Stat. 3, Division B, title V (Appropriations Act), 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 National Do-Not-Call Registry once a month. After notice and comment, the Federal Trade Commission amended the TSR on March 23, 2004, requiring 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, and also allowing a consumer to assert a valid “do-not-call” complaint 30 days after entering his or her number rather than waiting 3 months as originally required (69 FR 16368; Mar. 29, 2004)(Final Rule); (69 FR 7330; Feb. 13, 2004)(NPRM). 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. On July 30, 2004, the Commission published a final rule revising the fees charged for industry access to the National Do-Not-Call Registry (69 FR 45580) (Final Rule); (69 FR 23701; Apr. 30, 2004) (NPRM). On April 22, 2005, the Commission published a new NPRM to revise the fees charged the industry for access to the National Do-Not-Call Registry (70 FR 20848). The comment period ended on June 1, 2005, and the Commission thereafter announced a revised fee schedule that became effective on September 1, 2005 (70 FR 43273; July 27, 2005). On May 1, 2006, the Commission published an NPRM seeking comments about whether to review the fees charged the industry for access to the National Do-Not-Call Registry. 71 FR 25512. On July 31, 2006, the Commission issued a final rule revising the fee structure charged to industry. 71 FR 43048. Under the new structure, the annual fee for each area code of data accessed will be $62, and the maximum amount charged to entities accessing 280 area codes or more will be $17,050. The rulemaking still allows telemarketers to obtain the first five area codes of data for free and allows those entities exempt from the Registry’s requirements to obtain access at no charge. The revised fees were effective on September 1, 2006. During spring 2008, staff anticipates that the Commission will publish a new NPRM to revise the fees charged the industry for access to the National Do-Not-Call Registry. On November 17, 2004, the Commission published an NPRM proposing to create a new safe harbor that would allow prerecorded messages in certain defined situations, announcing the Agency's forbearance from enforcing the TSR's current call abandonment provisions against callers that engage in prerecorded message telemarketing so long as they comply with the proposed change, and seeking comment on a requested change in the method used to calculate the percentage of abandoned calls. 69 FR 67287. The comment period ended on January 10, 2005. On October 4, 2006, the Commission issued a revised NPRM and announced that it would not create a new safe harbor for prerecorded messages and therefore would end its forbearance policy permitting such messages effective January 2, 2007. 71 FR 58716. The revised and extended comment period ended on December 18, 2006. 71 FR 65762. The revised NPRM proposes to make explicit that the TSR's call abandonment provision bars sellers and telemarketers from delivering a prerecorded message when a person answers a telemarketing call, except in the very limited circumstances permitted in the call abandonment safe harbor and when a consumer has consented, in writing, to receive such calls. The revised NPRM also proposes to change the method for measuring the maximum allowable call abandonment rate in the call abandonment safe harbor provision from “3 percent per day per calling campaign” to “3 percent per 30-day period per calling campaign.” On November 3, 2006, the Commission granted a petition requesting a 40-day extension to the original 30-day comment period on the revised NPRM from November 6, 2006, to December 18, 2006. 71 FR 65762 (Nov. 9, 2006). On December 18, 2006, the Commission granted four petitions requesting an extension of its enforcement forbearance policy permitting prerecorded calls subject to certain conditions until the conclusion of the prerecorded call rulemaking proceeding. 71 FR 77634 (Dec. 27, 2006). 
Agency: Federal Trade Commission(FTC)  Priority: Substantive, Nonsignificant 
RIN Status: Previously published in the Unified Agenda Agenda Stage of Rulemaking: Proposed Rule Stage 
Major: No  Unfunded Mandates: No 
CFR Citation: 16 CFR 310   
Legal Authority: 15 USC 6101 to 6108   
Legal Deadline:  None
Timetable:
Action Date FR Cite
NPRM - Monthly Access Requirement  02/13/2004  69 FR 7330   
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   
Final Rule (Revised Fee Schedule)  07/30/2004  69 FR 45580   
Effective Date of New Fee Schedule  09/01/2006    
NPRM (Fee Changes)  04/22/2005  70 FR 20848   
NPRM Comment Period End (Fee Changes)  06/01/2005    
Final Rule (Fee Changes)  07/27/2005  70 FR 43273   
Effectve Date of New Fee Schedule  09/01/2005    
NPRM on Call Abandonment and Prerecorded Messages  11/17/2004  69 FR 67287   
NPRM Comment Period End (Call Abandonment)  01/10/2005    
Final Rule (Fee Changes)  07/31/2006  71 FR 43048   
New Fee Schedule Effective  09/01/2006    
Revised NPRM (Call Abandonment)  10/04/2006  71 FR 58716   
Revised NPRM Comment Period Extended (Call Abandonment)  11/09/2006  71 FR 65762   
Revised NPRM Comment Period End (Call Abandonment)  12/18/2006  71 FR 65762   
NPRM Enforcement Forbearance Policy Reinstated (Call Abandonment)  12/27/2006  71 FR 77634   
Commission Action (Call Abandonment)  12/00/2007    
NPRM (Fee Changes)  05/00/2008    
Regulatory Flexibility Analysis Required: No  Government Levels Affected: None 
Small Entities Affected: Businesses  Federalism: No 
Included in the Regulatory Plan: No 
RIN Information URL: www.ftc.gov/opa/2004/11/tsramend.htm  
RIN Data Printed in the FR: No 
Related RINs: Related to 3084-AA86 
Agency Contact:
Craig Tregillus
Attorney
Federal Trade Commission
Bureau of Consumer Protection, 600 Pennsylvania Avenue NW,
Washington, DC 20580
Phone:202 326-2970
Email: ctregillus@ftc.gov

John A. Krebs
Attorney
Federal Trade Commission
Bureau of Consumer Protection, 600 Pennsylvania Avenue, NW.,
Washington, DC 20580
Phone:202 326-2692
Email: jkrebs@ftc.gov