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May 2022 - Call Compliance News

Federal Trade Commission

The Federal Trade Commission (“FTC”) has proposed new amendments to the Telemarketing Sales Rule (“TSR”) which would prohibit misrepresentations in business-to-business calls and amend recordkeeping provisions to require additional records be maintained for a period of five years. Comments are due 60 days after the notification is published in the Federal Register. We will you keep you updated of that date if you would like to file comments in support or desire our assistance in preparing those comments.

The FTC has also asked whether technical support calls should be subject to the TSR and whether solicitation calls should have a simple means to cancel, such as “click to cancel.”

The additional categories of records for the proposed recordkeeping changes are as follows: (1) a copy of each unique prerecorded message; (2) call detail records of telemarketing campaigns; (3) records sufficient to show a seller has an established business relationship with a consumer; (4) records sufficient to show a consumer is a previous donor to a particular charitable organization; (5) records of the service providers that a telemarketer uses to deliver outbound calls; (6) records of a seller or charitable organization’s entity-specific do-not-call registries; and (7) records of the Commission’s DNC Registry that were used to ensure compliance with this Rule.

If adopted, recordkeeping requirements would substantially change.

The authors make every attempt to provide current, accurate information, but Telemarketing ConnectionS® is not intended to be a substitute for legal counsel, and readers should not use it in lieu of obtaining knowledgeable legal, or other professional, counsel expert in the field of commercial telemarketing law. References in Telemarketing ConnectionS® do not constitute endorsement by Copilevitz & Canter, L.L.C. or Telemarketing ConnectionS®. January 1, 2005, Copilevitz & Canter, L.L.C.
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