Complying With The Telemarketing Sales Rule
Who Must Comply With The Telemarketing Sales Rule?
Who Is Not Covered By The Telemarketing Sales Rule?
- Some Businesses and Individuals
- Some Types of Calls
- Most Calls in Response to a Catalog Are Exempt
- 900-Number Calls
- Calls Relating to the Sale of Franchises Or Business Opportunities
- Unsolicited Calls from Consumers
- Calls that Are Part of a Transaction Involving A Face-to-Face Sales Presentation
- Business-to-Business Calls That Do Not Involve the Sale of Nondurable Office or Cleaning Supplies
- Most Calls Responding to General Media Advertising
- Some Calls Responding to Direct Mail Advertising
- Some Types of Calls
What Does The Rule Require Sellers and Telemarketers To Do?
- Disclose Material Information
- Provide Information to Consumers
- Cost and Quantity
- Material Restrictions, Limitations, or Conditions
- No-Refund Policy
- Prize Promotions
- Provide Information to Consumers
The Rule Requires Prompt Oral Disclosures of Certain Information in Outbound Telemarketing Calls
The Rule Prohibits Misrepresentations
- Cost and Quantity
- Material Restrictions, Limitations, or Conditions
- Performance, Efficacy, or Central Characteristics
- Refund, Repurchase, or Cancellation Policies
- Material Aspects of Prize Promotions
- Material Aspects of Investment Opportunities
- Affiliations or Endorsements
- Material Restrictions, Limitations, or Conditions
How Does The Rule Affect Users of "Demand Drafts" or "Phone Checks"?
- Written Authorization
- Tape Recorded Authorization
- Authorization by Written Confirmation
- Tape Recorded Authorization
The Rule Prohibits Assisting and Facilitating Sellers or Telemarketers Who Violate The Rule
The Rule Prohibits Credit Card Laundering
The Rule Prohibits Specific Abusive Practices
- Threats, Intimidation, and Profane or Obscene Language
- Payment Restrictions on Sales of Credit Repair Services
- Payment Restrictions on Sales of Recovery Services
- Payment Restrictions on Sales of Advance-Fee Loans
- Calling Restrictions
- The "Do Not Call" Provision
- Payment Restrictions on Sales of Credit Repair Services
The Rule Requires Recordkeeping
- Advertising and Promotional Materials
- Information on Prize Recipients
- Sales Records
- Employee Records
- Verifiable Authorizations for Demand Drafts
- How Are Records to be Maintained?
- Who Must Keep Records?
- Information on Prize Recipients
What Are The Penalties for Violating The Rule?
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