OMB files this comment in accordance with 5 CFR 1320.11(c). This OMB action is not an approval to conduct or sponsor an information collection under the Paperwork Reduction Act of 1995. This action has no effect on any current approvals. If OMB has assigned this ICR a new OMB Control Number, the OMB Control Number will not appear in the active inventory. For future submissions of this information collection, reference the OMB Control Number provided. Resubmit when proposed rule is finalized.
table that charts list comparision
Inventory as of this Action
Requested
Previously Approved
09/30/2022
36 Months From Approved
10/31/2022
986,855,068
0
986,855,068
1,233,817
0
1,233,817
4,717,987
0
4,717,987
The Federal Trade Commission (âFTCâ) issued a Notice of Proposed Rulemaking (âNPRMâ) that would amend the Telemarketing Sales Rule (âTSRâ) and add both new recordkeeping requirements and modifications to existing recordkeeping requirements for sellers or telemarketers. While the Commission has made substantial amendments to the TSR over the last 25 years to address the rise in unwanted callsâincluding by identifying new abusive and deceptive telemarketing practices such as prohibiting robocalls and calls to consumers on the DNC Registryâthe TSRâs recordkeeping provisions have remained largely static and no longer adequately meet the needs of the Commissionâs law enforcement mission to protect consumers. In developing the proposed amendments, the Commission carefully considered the types of records sellers and telemarketers likely keep in the ordinary course of business, any additional burden the proposed amendments would impose, and the types of records that the Commission considers necessary to enforce the TSR.
US Code:
15 USC 6101-6108
Name of Law: Telemarketing and Consumer Fraud and Abuse Prevention Act
As described in the Supporting Statement, the proposed rulemaking would result in additional recordkeeping burden for covered entities. The Commission has also revised downward its estimate of the number of covered entities based on updated industry data from 6,561 in 2019 to 4,385 in 2022.
Thus, even though the proposed amendments will add 230,500 recordkeeping hours, the overall impact to the previously cleared estimate in 2019 is an estimated additional 216,439 hours of recordkeeping burden hours, annualized, and cumulative of all affected entities (since there are 2,176 fewer covered entities now). The changes also would result in an incremental increase of $6,265,223 labor costs for recordkeeping over the previously cleared estimate in 2019 of $446,862, resulting in an estimated total of $6,712,085. Finally, the proposed changes would also result in an estimated total of $285,025 in additional capital/non-labor costs. Although per entity capital/non-labor costs for recordkeeping are anticipated to increase by $15 per entity, this yields an overall decrease of $43,025 for the industry as a whole compared to the 2019 clearance because of an estimated reduction of the total number of covered entities.
On behalf of this Federal agency, I certify that the collection of information encompassed by this request complies with 5 CFR 1320.9 and the related provisions of 5 CFR 1320.8(b)(3).
The following is a summary of the topics, regarding the proposed collection of information, that the certification covers:
(i) Why the information is being collected;
(ii) Use of information;
(iii) Burden estimate;
(iv) Nature of response (voluntary, required for a benefit, or mandatory);
(v) Nature and extent of confidentiality; and
(vi) Need to display currently valid OMB control number;
If you are unable to certify compliance with any of these provisions, identify the item by leaving the box unchecked and explain the reason in the Supporting Statement.
Telemarketing Sales Rule NPRM - Supporting Statement - 2022 - FINAL.pdf
Recordkeeping for live TM calls