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Dreher Tomkies LLP
Attorneys at Law
2750 Huntington Center
41 South High Street
Columbus, Ohio 43215
Telephone (614) 628-8000
Fax (614) 628-1600



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FTC ISSUES FINAL AMENDED TELEMARKETING SALES RULE

On December 18, 2002 the FTC announced its adoption of amendments to the Telemarketing Sales Rule, 16 C.F.R. §§ 310.1 et seq. (“TSR”), which implements the Telemarketing and Consumer Fraud and Abuse Prevention Act, 15 U.S.C. §§ 6101‑6108. Among other things, the amendments:

  • Establish a national do-not-call list;

  • Revise the circumstances under which express verifiable authorization of payment must be obtained and the procedures by which a telemarketer may obtain express verifiable authorization;

  • Mandate disclosures and prohibit misrepresentations when selling credit card loss protection;

  • Prohibit disclosing or receiving, for consideration, unencrypted consumer account numbers;

  • Prohibit billing information to be submitted for payment without express informed consent;

  • Require transmission of name and telephone number to any caller identification service;

  • Generally prohibit telemarketers from abandoning outbound telephone calls;

  • Extend provisions of the TSR to “upselling” transactions;

  • Prohibit denying or interfering with a consumer’s right to be placed on a do-not-call list;

  • Revise certain record keeping requirements; and

  • Narrow certain exemptions of the TSR.

The amended TSR is effective 60 days after publication in the Federal Register. Full compliance with the caller identification transmission requirements, however, is not required until 365 days after publication. The FTC will announce when compliance is required with the do‑not‑call registry provisions, which it anticipates will be approximately seven months after a contract is awarded to create the national registry.

If we can help you comply with the requirements and prohibitions under the TSR or if you would like a copy of the final amended rule, please contact Mike Tomkies at (614) 628‑1603 or mtomkies@dltlaw.com or Chuck Gall at (614) 628‑1605 or cgall@dltlaw.com .