By: Lesley Fair | Jul 30, 2014 4:18PM
In 1995, the FTC built the Telemarketing Sales Rule from the ground up. Since then, we’ve done some remodeling – for example, including the provision to outlaw most robocalls. We also added a wing in the form of a little something called the National Do Not Call Registry. Now that the TSR has been around for almost 20 years, we have a question for you: Does it need some renovation?
The FTC reviews the rules it enforces on a periodic basis to see if any provisions – like harvest gold appliances or rumpus rooms with knotty pine paneling – could use refurbishing. You’ll want to read the Federal Register Notice for the list of specific questions, but here are a few of the things we’d like you to weigh in on:
- General questions about the future of the TSR. Is there a continuing need for the Rule? Why or why not? What’s the impact on consumers, industry members, and small businesses? <Linda Richman voice>Discuss among yuhselves</Linda Richman voice>
- Pre-acquired account information. “Pre-acquired account information” is information that lets a seller or telemarketer cause a charge to be placed on a consumer’s account without getting the account number directly from that person. Has the TSR’s requirement of “express informed consent” been effective in preventing the illegal use of pre-acquired information to bill people without their affirmative OK? Should the FTC consider a ban on any use of pre-acquired account information in external upsells?
- Negative options. Generally speaking, the TSR applies only to outbound calls placed to consumers. But what about when an ad on TV, radio, etc., offers a product or service sold through a negative option program? Should consumers who call telemarketers and sellers in response to those ads get the same disclosures now required for outbound telemarketing calls? Why or why not?
Other specific questions relate to recordkeeping, self-regulatory efforts, new technology, and exemptions to the TSR, but no TSR-related issue is out of bounds. File your comment online by October 14, 2014.
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antiquepen replied on Permalink
While I agree with the TSR, some calls should be exempt.
1. Charities calling for donations. ( if these were stopped, think of all the services that would go away.) People certainly would not send in a blind contribution out of thin air, if they were not called and appealed to.
2. Debt collectors.. (the person being called reneged on the debt, they should be called to collect, regardless of the reason)
3. Any other legitimate call from a company that you have done business with, or filled out a request card, or submitted information (online, mail, survey) requesting materials of interest.
4. Any reputable organization will comply with the callers "do not call again" request. The scammers are the ones who keep rebutting and telling you that they are exempt and continue to sell you their product.
These are my opinions. You many have a different view. That's okay.
kasper replied on Permalink
I USE TO WORK FOR A COMPANY (YUMA AZ) THAT THE FEW MONTHS THAT I WORKED THERE I ALWAYS FELT THAT I WAS LYING TO THE CUSTOMER. WHEN YOUR ASKED TO BE PUT ON THE DO NOT CALL LIST-THAT'S A LIE. YOU JUST HANG UP & LATER SOMEONE ELSE ON A COMPUTER CALL, WILL GET THE CALL AGAIN OVER & OVER. THERE REALLY NO "TAKE OFF THE CALL LIST".