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USA: FTC launches consultation on proposed rulemaking to amend Telemarketing Sales Rule

The Federal Trade Commission ('FTC') announced, on 28 April 2022, that it has issued a notice of proposed rulemaking to amend the record-keeping requirements of the Telemarketing Sales Rule ('TSR') and an advance notice of proposed rulemaking on addressing other telemarketing tactics and scams, launching a consultation on the same. In particular, the FTC stated that the proposed amendments to the TSR would, among other things, require telemarketers and sellers to maintain additional records of their telemarketing transactions and prohibit material misrepresentations and false or misleading statements in business to business ('B2B') telemarketing transactions.

Additionally, the FTC stated that it has issued an advance notice of proposed rulemaking and is seeking comments on whether, among other things:

  • the TSR should continue to exempt telemarketing calls to businesses;
  • the TSR should require a notice and cancellation mechanism with negative option sales; and
  • to extend the TSR to apply to telemarketing calls that consumers initiate to a telemarketer (i.e. 'inbound telemarketing calls') regarding computer technical support services.

Comments should be received 60 days after the date of publication in the federal register.

You can read the press release here, the notice of the proposed rulemaking here, and the advanced notice of proposed rulemaking here.