Final Rule

Telemarketing Sales Rule

Document Details

Document Number	2024-07180
Type	Final Rule
Published	Apr 16, 2024
Effective Date	May 16, 2024
RIN	3084-AB19
Docket ID	-
Text Fetched	Yes

Agencies & CFR References

Agency Hierarchy:

Federal Trade Commission

CFR References:

16 CFR 310

Linked CFR Parts

Part	Name	Agency
No linked CFR parts

Paired Documents

Type	Proposed	Final	Method	Conf
No paired documents

Doc #	Type	Title	Published
2024-07182	Proposed Rule	Telemarketing Sales Rule...	Apr 16, 2024

External Links

View on FederalRegister.gov Search Regulations.gov

📊 Regulatory Analysis (Deterministic extraction)

🛠 Clerical Correction

Notice-and-comment waived because changes are non-substantive.

Correction (high confidence)

Compliance Obligations 122 found

107 required actions

15 prohibited actions

REQUIRED unspecified must comply However

REQUIRED unspecified must comply Uniting (by Providing Appropriate Tools Required to Intercept and Obstruct Terrorism Act (“USA PATRIOT Act”))

PROHIBITED unspecified must comply Finally

MUST unspecified must comply narrow exemption

MUST unspecified must obtain 2022 NPRM

MAY NOT unspecified must comply some instances (by the time the Commission has identified the relevant voice provider)

REQUIRED unspecified must ensure Specifically

MUST unspecified must submit business relationship

MUST unspecified must comply particular charity

MUST unspecified must comply such entity

... and 112 more obligations

Costs of Compliance

100

Work Hours

Extracted Entities (locations, events, objects)

Locations: Ohio safe The safe if the seller or telemarketer who made the error otherwise complies with the other provisions of the safe seller or telemarketer used to qualify for the safe specific DNC list and its corresponding safe the Commission notes the safe DNC Registry the telemarketer or seller downloaded in implementing the process referenced in the safe Safe reasonable grace period for sellers and telemarketers to cure any inadvertent deficiencies in their recordkeeping system before any civil penalties might apply and the proposed example NFIB raises would fall squarely within the safe

Organizations: EPA FCC Your Yellow Book Canada Epixtar Media Sugar

Comment analysis not applicable for clerical corrections (no public comment period).

Legal Authority & Citations

Statutory Authority: 15 U.S.C. 6101 15 U.S.C. 6102(a) 15 U.S.C. 57 15 U.S.C. 45(m) 28 U.S.C. 2462 15 U.S.C. 6104(a) 15 U.S.C. 6104(d) 15 U.S.C. 53(b) 15 U.S.C. 6106 15 U.S.C. 2301 15 U.S.C. 45 15 U.S.C. 2103 5 U.S.C. 601 5 U.S.C. 605 5 U.S.C. 605(b) 47 U.S.C. 227 5 U.S.C. 552(a) 5 U.S.C. 801 5 U.S.C. 804 15 U.S.C. 1601

CFR References: 16 CFR 310 16 CFR 310.5 16 CFR 310.3 16 CFR 310.2 16 CFR 310.4 310 CFR 310.2 5 CFR 1320.3 47 CFR 64.1200 1 CFR 51

▼ Full Text (31,914 words)

Text Available

<RULE>
 
 FEDERAL TRADE COMMISSION 
 <CFR>16 CFR Part 310</CFR>
 <RIN>RIN 3084-AB19</RIN>
 <SUBJECT>Telemarketing Sales Rule</SUBJECT>
 
 <HD SOURCE="HED">AGENCY:</HD>
 Federal Trade Commission. 
 
 
 <HD SOURCE="HED">ACTION:</HD>
 Final rule. 
 
 <SUM>
 <HD SOURCE="HED">SUMMARY:</HD>
 The Federal Trade Commission (“FTC” or “Commission”) adopts amendments to the Telemarketing Sales Rule (“TSR”) that, among other things, 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 calls, and add a new definition for the term “previous donor.” These amendments are necessary to address technological advances and to continue protecting consumers, including small businesses, from deceptive or abusive telemarketing practices. 
 </SUM>
 <EFFDATE>
 <HD SOURCE="HED">DATES:</HD>
 The amendments are effective May 16, 2024. However, compliance with 16 CFR 310.5(a)(2) is not required until October 15, 2024. The incorporation by reference of certain material listed in the rule is approved by the Director of the Federal Register as of May 16, 2024. 
 </EFFDATE>
 
 <HD SOURCE="HED">ADDRESSES:</HD>
 
 Relevant portions of the record of this proceeding, including this document, are available at 
 <E T="03">https://www.ftc.gov.</E>
 
 
 <FURINF>
 <HD SOURCE="HED">FOR FURTHER INFORMATION CONTACT:</HD>
 
 Patricia Hsue, (202) 326-3132, 
 <E T="03">phsue@ftc.gov,</E>
 or Benjamin R. Davidson, (202) 326-3055, 
 <E T="03">bdavidson@ftc.gov,</E>
 Division of Marketing Practices, Bureau of Consumer Protection, Federal Trade Commission, 600 Pennsylvania Avenue NW, Mail Stop CC-6316, Washington, DC 20580.
 
 </FURINF>
 
 <SUPLINF>
 <HD SOURCE="HED">SUPPLEMENTARY INFORMATION:</HD>
 
 This document states the basis and purpose for the Commission's decision to adopt amendments to the TSR that were proposed and published for public comment i

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