USA: EPIC submits comments on proposed rulemaking to amend FTC Telemarketing Sales Rules
The Electronic Privacy Information Center ('EPIC') announced, on 4 August 2022, that it, along with 13 other consumer advocacy and legal aid organisations, had submitted comments in response to the Federal Trade Commission's ('FTC') consultation on proposed rulemaking to amend the Telemarketing Sales Rule. In particular, the comments suggest further improvements including requirements for authenticating consent, requirements regarding the format of records, and protections for consumer data kept by companies pursuant to the FTC recordkeeping requirements, among other things.
Specifically, the comments recommend that the FTC strengthen the Telemarketing Sale Rules ('TSRs') by adopting the proposals in its notice of proposed rulemaking, and states that the FTC should adopt a five-year record retention requirement. Furthermore, on the point of consent, the comments provide that the FTC should require the legal name of the specific seller, clarify its statement about verbal consent, require more than an IP address to authenticate consent, and clarify that the TSRs' consent requirements do not lower the bar below what the Telephone Consumer Protection Act 1991 requires.