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FTC proposes TSR amendments to extend robocall protections

Agency Rule-Making & Guidance Federal Issues FTC Small Business Telemarketing Telemarketing Sales Rule Robocalls

Agency Rule-Making & Guidance

On April 28, the FTC proposed rulemakings to extend protections for small businesses against telemarketing business-to-business schemes and strengthen safeguards to protect consumers from other telemarking scams. Both the notice of proposed rulemaking (NPR) and advance notice of proposed rulemaking (ANPRM) stem from the FTC’s regulatory review of the Telemarketing Sales Rule (TSR) and address public comments received as part of the review.

The NPR proposes to amend TSR recordkeeping requirements to require telemarketers to retain seven new categories of information related to their telemarketing activities, including records concerning each unique prerecorded message, records sufficient to show the established business relationship between a seller and a consumer, records of the service providers used by a telemarketer to deliver outbound calls, and records of the FTC’s Do Not Call Registry that were used to ensure compliance with this rule. Additionally, the NPR seeks comments on whether the FTC should amend the TSR to prohibit material misrepresentations and false or misleading statements in business-to-business telemarketing transactions to prevent harm caused by deceptive telemarketing, and proposes adding a definition of “previous donor” related to charitable donation solicitations.

The ANPRM seeks comments on a range of issues related to whether calls related to tech-support scams should be covered by the TSR, whether telemarketers should be required to provide consumers with a simple click-to-cancel process when they sign up for subscription plans, and whether the TSR should stop treating telemarketing calls made to businesses differently from those made to consumers. According to the FTC, robocalls made to businesses are generally exempt from certain TSR provisions.

Comments on both proposed rulemakings are due 60 days after publication in the Federal Register.

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