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Thursday, October 16, 2014

FTC Extends Comments Period on Telemarketing Sales Rule

The Federal Trade Commission (FTC), asking whether it should retain, modify, or rescind the Telemarketing Sales Rule (TSR), is now accepting comments through November 13, 2014.

On July 31, 2014, the FTC announced that it had begun a review of the TSR, as part of its systematic review of the Commission’s rules and regulations.

The Commission’s notice requesting public comment posed an extensive list of questions on the costs, benefits and efficacy of the TSR in the marketplace, and whether the FTC should retain, modify, or rescind it. The Commission also specifically requested comment on three issues: 1) whether the pre-acquired account information provisions of the TSR should be modified in view of current credit card association rules and the Restore Online Shoppers’ Confidence Act, 15 U.S.C. 8401 (2010); 2) what impact, if any, the increasing use of general media to solicit inbound calls from consumers to purchase a variety of goods or services, including those involving a negative option or free trial, is having; and 3) the costs and burdens of modifying the recordkeeping requirements of the TSR to require telemarketers to retain their own call records.

ABIA will submit comments to the Federal Trade Commission and will discuss this on our Government Relations (GR) Working Group calls. If you are a member of the ABIA and would like to participate on our GR calls, held every-other Friday, please contact Renee Galbraith.

Read the FTC Press Release.