New York SBDC Research Network

From MarketingProfs : The Federal Trade Commission's Telemarketing Sale Rule (TSR) includes regulations to support both law enforcement and consumers. It provides the FTC and state attorneys general law-enforcement tools to combat telemarketing fraud; it gives consumers added privacy protections and defenses against unscrupulous telemarketers; and it helps consumers differentiate between fraudulent and legitimate telemarketing. Key provisions of the TSR include, without limitation, the following: required disclosures, prohibited misrepresentations, limited call-time windows, required information on caller ID transmissions, abandoned outbound call prohibitions, billing and payment restrictions, upsell requirements, pre-recorded message restrictions, and recordkeeping obligations. However, with some exceptions, most telephone calls between a telemarketer and a business are exempt from the TSR, and telemarketers often rely on the B2B exemption from applicable Do Not Call (DNC) regi...

From the FTC : The Federal Trade Commission wants businesses to know about important Telemarketing Sales Rule (TSR) amendments that are now in effect. These changes make it unlawful for telemarketers to use three types of payment methods exploited by con artists and scammers. As of this month, it is illegal for telemarketers to ask consumers to pay for goods or services using cash-to-cash money transfers, such as MoneyGram and Western Union provide, or by providing PIN numbers from cash reload cards such as MoneyPak, Vanilla Reload or Reloadit packs. It also is illegal for telemarketers to use unsigned checks called “remotely created payment orders” to withdraw money directly from consumers’ bank accounts. As detailed in a press release issued in November 2015 , the FTC finalized the payment method bans amendments to the TSR late last year.  Business guidance about the new bans  is available.  New guidance warns consumers  that any telemarketer requesting payme...

The Federal Trade Commission has announced updated fees starting on October 1, 2013, for telemarketers accessing phone numbers on the National Do Not Call Registry. All telemarketers calling consumers in the United States are required to download the numbers on the Do Not Call Registry to ensure they do not call those who have registered their phone numbers. The first five area codes are free, and organizations that are exempt from the Do Not Call rules, such as some charitable organizations, may obtain the entire list for free. Telemarketers must subscribe each year for access to the Registry numbers. The access fees for the Registry are being increased as required by the Do‑Not‑Call Registry Fee Extension Act of 2007. Under the Act’s provisions, in fiscal year 2014 (from October 1, 2013 to September 30, 2014), telemarketers will pay $59, an increase of $1, for access to Registry phone numbers in a single area code, up to a maximum charge of $16,228 for all area codes nationw...

When the Do Not Call registry opened registration to the American public in 2003, the majority of individuals rejoiced at the thought of no more telemarketer calls. According the FTC, "The registry was created to offer consumers a choice regarding telemarketing calls". Now, the list has started to expire since numbers are only on the list for five years from the date registered and not everyone who originally signed up is aware that they may be recieving unsolicited calls in the near future. For the article on the list expiring, go here . To re-register your number when it expires, go here . For more information from the Federal Trade Comission, go here . ---Alexis Mokler