View Rule
View EO 12866 Meetings | Printer-Friendly Version Download RIN Data in XML |
FTC | RIN: 3084-AB19 | Publication ID: Spring 2024 |
Title: Telemarketing Sales Rule | |
Abstract:
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 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. On April 16, 2024, the Commission issued a Final Rule amending the TSR’s recordkeeping provisions, adding "previous donor” as a new definition, and prohibiting misrepresentations in B2B telemarketing calls. 89 FR 26760 (April 16, 2024). The Final Rule was effective on May 16, 2024. However, compliance with 16 CFR 310.5(a)(2) is not required until October 15, 2024.
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. On April 16, 2024, the Commission issued a proposal to amend the TSR to extend its coverage to inbound telemarketing calls that consumers place to telemarketers selling technical support services i.e., calls that consumers make in response to an advertisement through any medium or to a direct mail solicitation. 89 FR 26798 (April 16, 2024) The comment period closed on June 17, 2024, and staff are reviewing the comments. |
|
Agency: Federal Trade Commission(FTC) | Priority: Substantive, Nonsignificant |
RIN Status: Previously published in the Unified Agenda | Agenda Stage of Rulemaking: Final 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 |
Legal Deadline:
None |
||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
Timetable:
|
Regulatory Flexibility Analysis Required: No | Government Levels Affected: None |
Small Entities Affected: Businesses | Federalism: No |
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 | |
Agency Contact: Patricia Hsue Staff Attorney Federal Trade Commission Division of Marketing Practices, 600 Pennsylvania Avenue NW, Washington, DC 20580 Phone:202 326-3132 Email: phsue@ftc.gov |