Telemarketing Sales Rule

OMB Control No: 3084-0097	ICR Reference No: 202408-3084-001
Status: Received in OIRA	Previous ICR Reference No: 202404-3084-001
Agency/Subagency: FTC	Agency Tracking No:
Title: Telemarketing Sales Rule
Type of Information Collection: Revision of a currently approved collection	Common Form ICR:  No
Type of Review Request: Regular	Date Submitted to OIRA: 08/28/2024

	Requested	Previously Approved
Expiration Date	36 Months From Approved	04/30/2027
Responses	994,461,722	985,656,328
Time Burden (Hours)	1,417,166	1,293,350
Cost Burden (Dollars)	4,691,404	4,653,179

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Abstract: The Telemarketing Sales Rule ("TSR") requires certain disclosures in telemarketing calls for the sale of goods 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 Federal Trade Commission proposes to amend the TSR to extend its coverage to inbound telemarketing calls by consumers to technical support services – i.e., calls that consumers make in response to an advertisement through any medium or to a direct mail solicitation. The Commission seeks approval for the additional disclosure and recordkeeping requirements associated with the proposed amendments.

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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:
3084-AB19	Proposed rulemaking	89 FR 26798	04/16/2024

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Federal Register Notices & Comments

Did the Agency receive public comments on this ICR? No

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Number of Information Collection (IC) in this ICR: 32

IC Title Form No. Form Name Discl. for inbd call upsell that results in a sale Discl. for inbd calls upsold Discl. for outbd call upsell that results in a sale Discl. for outbd calls resulting in direct sales and then upsold Discl. for outbd. calls resulting in direct sales Disclosure Requirements - Tech Support Companies - 2024 NPRM General sales discl. for inbd calls - CCLP exception General sales discl. for inbd calls - advance fee loans exception General sales discl. for inbd calls - credit repair sales exception General sales discl. for inbd calls - invest. opps. exception General sales discl. for inbd calls - loss recovery services exception General sales discl. for inbd calls -- business opportunities exception General sales discl. for inbd debt relief calls Onetime recordkeeping for currently covered entities-2024 Final Rule Outbound call disclosures w/o early termination Outbound call disclosures with early termination Recordkeeping Requirements - Tech Support Companies - 2024 NPRM Recordkeeping for live TM calls Recordkeeping for new entrants for live & prerecorded calls Recordkeeping for new entrants-2024 Final Rule Specific discl. for inbd debt relief calls Specific discl. for inbd. call upsells realizing a neg. option sale Specific discl. for inbd. call upsells realizing a sale of CCLP Specific discl. for outbd calls for debt relief Specific discl. for outbd. call upsells realizing a sale of CCLP Specific discl. for outbd. call upsells realizing neg. option sale Specific discl. for outbd. calls involving CCLP Specific discl. for outbd. calls involving negative options Specific discl. for outbd. calls involving prize promotions Submitting identifying info additional times for further Registry access Submitting identifying info once for Registry access Written discl. in direct mail solicitations

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ICR Summary of Burden

	Total Request	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	994,461,722	985,656,328	0	8,805,394	0	0
Annual Time Burden (Hours)	1,417,166	1,293,350	0	123,816	0	0
Annual Cost Burden (Dollars)	4,691,404	4,653,179	0	38,225	0	0

Burden increases because of Program Change due to Agency Discretion: Yes

Burden Increase Due to: Changing Regulations

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

Burden Reduction Due to:

Short Statement: This would be a program change, not an adjustment. The estimated additional annual hours of burden would be 123,816, and the estimated additional annual labor costs would be $3,544,614.

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Annual Cost to Federal Government: $0

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? No

Agency Contact: Patricia Hsue 202 326-3132 [email protected]

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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: 08/28/2024

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