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| FTC | RIN: 3084-AB19 | Publication ID: Fall 2010 |
| Title: Telemarketing Sales Rule | |
| Abstract: The Federal Trade Commission proposes to amend the FTC's Telemarketing Sales Rule (TSR or Rule) to address the sale of debt relief services (74 FR 41988). The Commission seeks public comment on the proposed amendments, which would: define the term "debt relief service;" ensure that, regardless of the medium through which such services are initially advertised, telemarketing transactions involving debt relief services would be subject to the TSR; mandate certain disclosures and prohibit misrepresentations in the telemarketing of debt relief services; and prohibit any entity from requesting or receiving payment for debt relief services until such services have been fully performed and documented to the consumer. The comment period, as extended, closed on October 26, 2009. The Commission received hundreds of comments from the public. The Commission held a public forum on November 4, 2009, where Commission staff and interested parties discussed the proposed amendments and issues raised in the comments. On July 29, 2010, the Commission announced rule amendments defining debt relief services, prohibiting debt relief providers from collecting fees until services have been provided, and requiring specific disclosures related to fundamental aspects of debt relief services (75 FR 48458). The rule also extends the TSR's coverage to inbound calls and prohibits misrepresentations related to success rates and non-profit status. With the exception of the advance fee ban, the rule's provisions were effective September 27, 2010. On October 27, 2010, the Commission announced an enforcement policy for the TSR Debt Relief Services Rule: The Commission will defer enforcement of the new rule for tax debt relief services until further notice. The enforcement policy states, however, that tax debt relief services must comply with the other portions of the FTC's Telemarketing Sales Rule during the enforcement deferral period. Companies that sell other kinds of debt relief services over the telephone continue to be subject to enforcement of the TSR Debt Relief Service Rule, including the prohibition against charging fees before settling or reducing a consumer's credit car or other unsecured debt. Separately, Commission staff are considering proposed amendments to the TSR concerning caller identification services and disclosure of the identity of the seller or telemarketer responsible for telemarketing calls. Staff anticipates that the Commission will issue an advance notice of proposed rulemaking during the first quarter of 2011. Commission staff are also considering possible amendments to the TSR that would provide new or strengthen existing anti-fraud provisions, as well as make explicit certain other requirements in the TSR. Staff anticipates that the Commission will issue an advance notice of proposed rulemaking during the first quarter of 2011. | |
| Agency: Federal Trade Commission(FTC) | Priority: Substantive, Nonsignificant |
| RIN Status: Previously published in the Unified Agenda | Agenda Stage of Rulemaking: Prerule Stage |
| Major: No | Unfunded Mandates: Undetermined |
| CFR Citation: 16 CFR 310 | |
| Legal Authority: 15 USC 6101 to 6108 15 USC 41 to 58 | |
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Legal Deadline:
None |
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Timetable:
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| Regulatory Flexibility Analysis Required: Yes | Government Levels Affected: None |
| Small Entities Affected: Businesses, Organizations | Federalism: Undetermined |
| Included in the Regulatory Plan: No | |
| International Impacts: This regulatory action will be likely to have international trade and investment effects, or otherwise be of international interest. | |
| RIN Data Printed in the FR: Yes | |
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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 |
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