The Telemarketing Sales Rule ("TSR") requires certain disclosures in telemarketing calls for the sale of goods or services or the solicitation of charitable contributions by sellers and/or telemarketers. The disclosures provide consumers or prospective donors with information necessary to make informed decisions.
The Commission is adopting amendments 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 (âB2Bâ) telemarketing calls, and add a new definition for the term âprevious donor.â These amendments are necessary to address technological advances and to continue protecting consumers, including small businesses, from deceptive or abusive telemarketing practices. The Commission requests approval for the new recordkeeping requirements of the Rule.
US Code:
15 USC 6101-6108
Name of Law: Telemarketing and Consumer Fraud and Abuse Prevention Act
This is a program change, not an adjustment. The Commission estimates an additional 3,750 annual hours and $116,138 in annual labor costs for new entrants, a one-time burden of 184,650 hours and $5,718,611 in labor costs for established entities, and an annual non-labor cost burden of $56,520. The Final Rule amendments update the TSRâs existing recordkeeping requirements so that the requirements comport with the substantial amendments to the TSR since the recordkeeping requirements were first made in 1995. The requirements are also necessary in light of the technological advancements that have made it easier and cheaper for unscrupulous telemarketers to engage in illegal telemarketing.
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.
TSR Final Rule-Supporting Statement-2024-FINAL.pdf
Recordkeeping for live TM calls