3084-AB19 202210 The Regulatory Plan and the Unified Agenda of Federal Regulatory and Deregulatory Actions 3084 Federal Trade Commission FTC Telemarketing Sales Rule

On August 11, 2014, the Commission initiated periodic review of the Telemarketing Sales Rule and solicited public comments. 79 FR 46732 (Aug. 11, 2014). The comment period as extended closed on November 13, 2014. 79 FR 61267 (Oct. 10, 2014). On December 15, 2015, the Commission amended the Telemarketing Sales Rule to prohibit the use of certain payment methods in all telemarketing transactions, expand the scope of the advance fee ban for recovery services, and clarify certain provisions of the rule. Those amendments became effective February 12, 2016, and June 13, 2016.

On June 3, 2022, the Commission issued a Notice of Proposed Rulemaking (NPRM) seeking public comment on proposed amendments to the Rule. 87 FR 33677 (June 3, 2022). The proposed amendments would 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 transactions, and add a new definition for the term previous donor.” The comment period closed on August 2, 2022, and the Commission has received 25 comments to date.

On June 3, 2022, the Commission issued an Advance Notice of Proposed Rulemaking (ANPRM) seeking public comment on whether the Rule should continue to exempt telemarketing calls to businesses, whether the Rule should require a notice and cancellation mechanism with negative option sales, and whether to extend the Rule to apply to telemarketing calls that consumers initiate to a telemarketer (i.e. inbound telemarketing calls) regarding computer technical support services. 87 FR 33662 (June 3, 2022). The comment period closed on August 2, 2022, and the Commission has received 22 comments to date.

Staff is reviewing the comments and will provide a recommendation to the Commission regarding both rulemakings by Spring 2023.

]]> Substantive, Nonsignificant Previously Published in The Unified Agenda Proposed Rule Stage No No 16 CFR 310 15 U.S.C. 6101 to 6108 15 U.S.C. 41 to 58 No NPRM 08/19/2009 74 FR 41988 NPRM Comment Period End 10/09/2009 NPRM Comment Period Extended 10/15/2009 74 FR 52914 NPRM Extended Comment Period End 10/26/2009 Public Forum 11/04/2009 Final Rule 08/10/2010 75 FR 48458 Technical Correction to Final Rule 08/24/2010 75 FR 51934 Effective Date 09/27/2010 Effective Date (Advance Fee Ban) 10/27/2010 ANPRM (Caller ID) 12/15/2010 75 FR 78179 NPRM (Anti-Fraud) 07/09/2013 78 FR 41200 Closure of Proceeding (Caller ID) 12/20/2013 78 FR 77024 Rule Review, Request for Public Comment 08/14/2014 79 FR 46732 Rule Review Comment Period Extended 10/10/2014 79 FR 61267 Rule Review Extended Comment Period End 11/13/2014 Final Rule (Anti-Fraud) 12/14/2015 80 FR 77520 Final Rule (Anti-Fraud) Effective 02/12/2016 Final Rule (Anti-Fraud-Use of Certain Payment Methods) Effective 06/13/2016 ANPRM 06/03/2022 87 FR 33662 NPRM 06/03/2022 87 FR 33677 ANPRM Comment Period End 08/02/2022 NPRM Comment Period End 08/02/2022 Staff Review of Public Comments 12/00/2022 No Businesses None Undetermined No https://www.ftc.gov/business-guidance/blog/2022/04/telemarketing-sales-rule-we-asked-you-answered-we-heard-you No Yes Patricia Hsue Staff Attorney 3084 Federal Trade Commission FTC 202 326-3132 phsue@ftc.gov Division of Marketing Practices, 600 Pennsylvania Avenue NW, Washington DC 20580