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Telemarketing Sales Rule (“TSR”)

FTC · final-rule · Published 2008-08-29 · Effective 2008-10-01 · 73 FR 51164

Document

Document number
E8-20253
Federal Register citation
73 FR 51164
CFR reference
16 CFR 310
Type
Rule
Action
Final Rule Amendments
Category
final-rule
Agency
US Federal Trade Commission
Publication date
2008-08-29
Effective date
2008-10-01

Abstract

The Commission adopts two final amendments to the TSR. The first is an amendment making explicit a prohibition in the TSR on telemarketing calls that deliver prerecorded messages without a consumer's express written agreement to receive such calls. This amendment also requires that all prerecorded telemarketing calls provide specified opt-out mechanisms so that consumers can opt out of future calls. The amendment is necessary because the reasonable consumer would consider prerecorded telemarketing messages to be coercive or abusive of such consumer's right to privacy. The second amendment modifies the method for measuring the maximum call abandonment rate prescribed by the TSR's call abandonment safe harbor. The new method will permit sellers and telemarketers to calculate call abandonment rates for a live calling campaign over a thirty-day period, or any part thereof. This amendment is necessary because the current "per day" standard effectively precludes the use of predictive dialers with small calling lists.

Source

Authoritative
Federal Register document
Machine
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