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|FTC||RIN: 3084-AB19||Publication ID: Spring 2023|
|Title: 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 anticipates sending a recommendation to the Commission regarding both rulemakings by late Spring 2023.
|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 U.S.C. 6101 to 6108 15 U.S.C. 41 to 58|
|Regulatory Flexibility Analysis Required: No||Government Levels Affected: None|
|Small Entities Affected: Businesses||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 Information URL: https://www.ftc.gov/business-guidance/blog/2022/04/telemarketing-sales-rule-we-asked-you-answered-we-heard-you|
|RIN Data Printed in the FR: No|
Federal Trade Commission
Division of Marketing Practices, 600 Pennsylvania Avenue NW,
Washington, DC 20580