Telemarketing Sales Rule

Forms and Documents

Document Name	Status
TSR - Supporting Statement - 2019 - FINAL.pdf Supporting Statement A	2019-08-02

IC Document Collections

IC ID	Document Title	Status
32278	Recordkeeping for live TM calls	Modified
207545	Specific discl. for inbd debt relief calls	Modified
207534	General sales discl. for inbd debt relief calls	Modified
207532	General sales discl. for inbd calls - CCLP exception	Modified
207531	General sales discl. for inbd calls - loss recovery services exception	Unchanged
207530	General sales discl. for inbd calls - credit repair sales exception	Modified
207529	General sales discl. for inbd calls - advance fee loans exception	Modified
207494	General sales discl. for inbd calls - invest. opps. exception	Modified
190181	Specific discl. for outbd calls for debt relief	Modified
189196	Submitting identifying info additional times for further Registry access	Modified
189194	Submitting identifying info once for Registry access	Modified
189193	General sales discl. for inbd calls -- business opportunities exception	Unchanged
189192	Specific discl. for inbd. call upsells realizing a neg. option sale	Unchanged
189191	Specific discl. for outbd. call upsells realizing neg. option sale	Unchanged
189190	Specific discl. for outbd. calls involving negative options	Unchanged
189189	Specific discl. for inbd. call upsells realizing a sale of CCLP	Unchanged
189188	Specific discl. for outbd. call upsells realizing a sale of CCLP	Unchanged
189187	Specific discl. for outbd. calls involving CCLP	Unchanged
189186	Specific discl. for outbd. calls involving prize promotions	Unchanged
189185	Discl. for inbd call upsell that results in a sale	Unchanged
189184	Discl. for outbd call upsell that results in a sale	Unchanged
189183	Discl. for outbd. calls resulting in direct sales	Unchanged
189182	Written discl. in direct mail solicitations	Modified
189178	Discl. for inbd calls upsold	Unchanged
189177	Discl. for outbd calls resulting in direct sales and then upsold	Unchanged
189176	Outbound call disclosures with early termination	Unchanged
189175	Outbound call disclosures w/o early termination	Unchanged
185985	Recordkeeping for new entrants for live & prerecorded calls	Unchanged

ICR Details

OMB Control No: 3084-0097	ICR Reference No: 201902-3084-001
Status: Active	Previous ICR Reference No: 201607-3084-001
Agency/Subagency: FTC	Agency Tracking No:
Title: Telemarketing Sales Rule
Type of Information Collection: Extension without change of a currently approved collection	Common Form ICR:  No
Type of Review Request: Regular
OIRA Conclusion Action: Approved without change	Conclusion Date: 09/10/2019
	Date Received in OIRA: 08/02/2019
Terms of Clearance:

	Inventory as of this Action	Requested	Previously Approved
Expiration Date	09/30/2022	36 Months From Approved	09/30/2019
Responses	986,855,068	0	988,700,329
Time Burden (Hours)	1,233,817	0	1,238,670
Cost Burden (Dollars)	4,717,987	0	4,757,647

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Abstract: The Telemarketing Sales Rule ("TSR") requires certain disclosures in telemarketing calls for the sale of good or services or the solicitation of charitable contributions by sellers and/or telemarketers. The disclosures provide consumers or prospective donors with information necessary to make informed decisions. The current OMB approval for the information collection requirements in the TSR expires on August 31, 2019.

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Authorizing Statute(s): US Code: 15 USC 6101-6108 Name of Law: Telemarketing and Consumer Fraud and Abuse Prevention Act
  

Citations for New Statutory Requirements: None

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Associated Rulemaking Information
RIN:	Stage of Rulemaking:	Federal Register Citation:	Date:
	Not associated with rulemaking

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Federal Register Notices & Comments
60-day Notice:	Federal Register Citation:	Citation Date:
	84 FR 22844	05/20/2019
30-day Notice:	Federal Register Citation:	Citation Date:
	84 FR 37872	08/02/2019
Did the Agency receive public comments on this ICR? No

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Number of Information Collection (IC) in this ICR: 28

IC Title	Form No.	Form Name
Specific discl. for outbd. call upsells realizing neg. option sale
Recordkeeping for live TM calls
Recordkeeping for new entrants for live & prerecorded calls
Specific discl. for inbd. call upsells realizing a sale of CCLP
Specific discl. for outbd calls for debt relief
Specific discl. for inbd. call upsells realizing a neg. option sale
Written discl. in direct mail solicitations
Discl. for outbd. calls resulting in direct sales
Specific discl. for outbd. calls involving prize promotions
Discl. for outbd calls resulting in direct sales and then upsold
Discl. for inbd call upsell that results in a sale
Specific discl. for outbd. calls involving CCLP
Outbound call disclosures with early termination
Outbound call disclosures w/o early termination
Discl. for inbd calls upsold
Specific discl. for outbd. calls involving negative options
Submitting identifying info once for Registry access
Discl. for outbd call upsell that results in a sale
Specific discl. for outbd. call upsells realizing a sale of CCLP
Submitting identifying info additional times for further Registry access
General sales discl. for inbd calls - credit repair sales exception
General sales discl. for inbd calls - advance fee loans exception
General sales discl. for inbd calls - loss recovery services exception
General sales discl. for inbd calls - CCLP exception
General sales discl. for inbd calls - invest. opps. exception
Specific discl. for inbd debt relief calls
General sales discl. for inbd calls -- business opportunities exception
General sales discl. for inbd debt relief calls

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ICR Summary of Burden

	Total Approved	Previously Approved	Change Due to New Statute	Change Due to Agency Discretion	Change Due to Adjustment in Estimate	Change Due to Potential Violation of the PRA
Annual Number of Responses	986,855,068	988,700,329	0	0	-1,845,261	0
Annual Time Burden (Hours)	1,233,817	1,238,670	0	0	-4,853	0
Annual Cost Burden (Dollars)	4,717,987	4,757,647	0	-24,000	-15,660	0

Burden increases because of Program Change due to Agency Discretion: No

Burden Increase Due to:

Burden decreases because of Program Change due to Agency Discretion: No

Burden Reduction Due to:

Short Statement: The instant cumulative burden estimate of 1,233,817 hours is slightly reduced from the FTC’s prior cleared burden estimate in 2016 of 1,238,670 hours. Estimated annual non-labor cost is reduced from $4,757,647 to $4,717,991. These reductions are largely attributable to staff’s reduced estimates for the number of telemarketing entities subject to the TSR, based on updated National Registry data.

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Annual Cost to Federal Government:

Does this IC contain surveys, censuses, or employ statistical methods? No

Does this ICR request any personally identifiable information (see OMB Circular No. A-130 for an explanation of this term)? Please consult with your agency's privacy program when making this determination.     No

Does this ICR include a form that requires a Privacy Act Statement (see 5 U.S.C. §552a(e)(3))? Please consult with your agency's privacy program when making this determination.     No

Is this ICR related to the Affordable Care Act [Pub. L. 111-148 & 111-152]? No

Is this ICR related to the Dodd-Frank Wall Street Reform and Consumer Protection Act, [Pub. L. 111-203]? No

Is this ICR related to the American Recovery and Reinvestment Act of 2009 (ARRA)? No

Is this ICR related to the Pandemic Response? Uncollected

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Common Form ICR:  No

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On behalf of this Federal agency, I certify that the collection of information encompassed by this request complies with 5 CFR 1320.9 and the related provisions of 5 CFR 1320.8(b)(3).

The following is a summary of the topics, regarding the proposed collection of information, that the certification covers:

(a) It is necessary for the proper performance of agency functions;

(b) It avoids unnecessary duplication;

(c) It reduces burden on small entities;

(d) It uses plain, coherent, and unambiguous language that is understandable to respondents;

(e) Its implementation will be consistent and compatible with current reporting and recordkeeping practices;

(f) It indicates the retention periods for recordkeeping requirements;

(g) It informs respondents of the information called for under 5 CFR 1320.8 (b)(3) about:

(i) Why the information is being collected;

(ii) Use of information;

(iii) Burden estimate;

(iv) Nature of response (voluntary, required for a benefit, or mandatory);

(v) Nature and extent of confidentiality; and

(vi) Need to display currently valid OMB control number;

(h) It was developed by an office that has planned and allocated resources for the efficient and effective management and use of the information to be collected.

(i) It uses effective and efficient statistical survey methodology (if applicable); and

(j) It makes appropriate use of information technology.

If you are unable to certify compliance with any of these provisions, identify the item by leaving the box unchecked and explain the reason in the Supporting Statement.

Certification Date: 08/02/2019

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