16 C.F.R. § 310.6

Exemptions

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(a) Solicitations to induce charitable contributions via outbound telephone calls are not covered by § 310.4(b)(1)(iii)(B) of this part.

(b) The following acts or practices are exempt from this part:

(1) The sale of pay-per-call services subject to the Commission's Rule entitled “Trade Regulation Rule Pursuant to the Telephone Disclosure and Dispute Resolution Act of 1992,” 16 CFR part 308, provided, however, that this exemption does not apply to the requirements of § 310.4(a)(1), (a)(8), (b), and (c);

(2) The sale of franchises subject to the Commission's Rule entitled “Disclosure Requirements and Prohibitions Concerning Franchising,” (“Franchise Rule”) 16 CFR part 436, and the sale of business opportunities subject to the Commission's Rule entitled “Disclosure Requirements and Prohibitions Concerning Business Opportunities,” (“Business Opportunity Rule”) 16 CFR part 437, provided, however, that this exemption does not apply to the requirements of § 310.4(a)(1), (a)(8), (b), and (c);

(3) Telephone calls in which the sale of goods or services or charitable solicitation is not completed, and payment or authorization of payment is not required, until after a face-to-face sales or donation presentation by the seller or charitable organization, provided, however, that this exemption does not apply to the requirements of § 310.4(a)(1), (a)(8), (b), and (c);

(4) Telephone calls initiated by a customer or donor that are not the result of any solicitation by a seller, charitable organization, or telemarketer, provided, however, that this exemption does not apply to any instances of upselling included in such telephone calls;

(5) Telephone calls initiated by a customer or donor in response to an advertisement through any medium, other than direct mail solicitation, provided, however, that this exemption does not apply to:

(i) Calls initiated by a customer or donor in response to an advertisement relating to investment opportunities, debt relief services, technical support services, business opportunities other than business arrangements covered by the Franchise Rule or Business Opportunity Rule, or advertisements involving offers for goods or services described in § 310.3(a)(1)(vi) or § 310.4(a)(2) through (4);

(ii) The requirements of § 310.4(a)(9) or (10); or

(iii) Any instances of upselling included in such telephone calls;

(6) Telephone calls initiated by a customer or donor in response to a direct mail solicitation, including solicitations via the U.S. Postal Service, facsimile transmission, electronic mail, and other similar methods of delivery in which a solicitation is directed to specific address(es) or person(s), that clearly, conspicuously, and truthfully discloses all material information listed in § 310.3(a)(1), for any goods or services offered in the direct mail solicitation, and that contains no material misrepresentation regarding any item contained in § 310.3(d) for any requested charitable contribution; provided, however, that this exemption does not apply to:

(i) Calls initiated by a customer in response to a direct mail solicitation relating to prize promotions, investment opportunities, debt relief services, technical support services, business opportunities other than business arrangements covered by the Franchise Rule or Business Opportunity Rule, or goods or services described in § 310.3(a)(1)(vi) or § 310.4(a)(2) through (4);

(ii) The requirements of § 310.4(a)(9) or (10); or

(iii) Any instances of upselling included in such telephone calls; and

(7) Telephone calls between a telemarketer and any business to induce the purchase of goods or services or a charitable contribution by the business, provided, however that this exemption does not apply to:

(i) The requirements of § 310.3(a)(2) and(4); or

(ii) Calls to induce the retail sale of nondurable office or cleaning supplies; provided, however, that §§ 310.4(b)(1)(iii)(B) and 310.5 shall not apply to sellers or telemarketers of nondurable office or cleaning supplies.

[75 FR 48516, Aug. 10, 2010, as amended at 80 FR 77559, Dec. 14, 2015; 89 FR 26785, Apr. 16, 2024; 89 FR 99075, Dec. 10, 2024]

Notes of Decisions

Cited in 18 cases (4 in the last 5 years), 1998–2025 · leading case: Nat'l Fed'n of the Blind Special Olympics Maryland, Inc. v. Fed. Trade Comm'n, 420 F.3d 331 (4th Cir. 2005).

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Nat'l Fed'n of the Blind Special Olympics Maryland, Inc. v. Fed. Trade Comm'n, 420 F.3d 331 (4th Cir. 2005). “16 C.F.R. § 310.6 (a). Appellants National Federation of the Blind and Special Olympics Maryland, Inc.”

Fed. Trade Comm'n v. Pointbreak Media, LLC, 376 F. Supp. 3d 1257 (S.D. Fla. 2019). · cites it 2× “In their initial briefing, Pillonato and Ramsey argued Pointbreak Media calls should benefit from the business-to-business exception. ( See Resp. 6).”

Kornea v. J.S.D Mgmt., Inc., 366 F. Supp. 3d 660 (E.D. Pa. 2019). “See 16 C.F.R. § 310.6 (b)(7). Plaintiff also alleges that Defendants "provided substantial assistance or support to sellers or telemarketers" in violation of the Act.”

United States v. Dish Network LLC, 75 F. Supp. 3d 916 (C.D. Ill. 2014). · cites it 2× “” 16 C.F.R. § 310.6 (b)(7). Any violation of the TSR constituted an unfair and deceptive act or practice in or affecting commerce in violation of § 5(a) of the Federal Trade Commission Act (FTC Act).”

Fed. Trade Comm'n v. Publishers Bus. Servs., Inc., 821 F. Supp. 2d 1205 (D. Nev. 2010). · cites it 2× “” 16 C.F.R. § 310.6 (b)(7). A. The Business-To-Business Exemption to the TSR PBS contends the plain language of the business-to-business exemption to the TSR exempts PBS from its requirements because PBS only calls businesses.”

Fed. Trade Comm'n v. Inc21.com Corp., 745 F. Supp. 2d 975 (N.D. Cal. 2010). “” 16 C.F.R. 310.6(b)(7). Curiously, while the TSR defines the terms “seller,” “telemarketer,” and “customers,” it does not define the term “business.”

Fed. Trade Comm'n v. Stephen Lalonde, 545 F. App'x 825 (11th Cir. 2013). “16 C.F.R. § 310.6 (b)(5). The TSR, however, does cover inbound telemarketing where the calls are made “in response to .”

Nat'l Fed'n of the Blind v. Fed. Trade Comm'n, 303 F. Supp. 2d 707 (D. Maryland 2004). “16 C.F.R. § 310.6 (a). 2 . The same requirement is applied to commercial telemarketers in a parallel provision of the TSR.”

In Re Nat'l Credit Mgmt. Grp., L.L.C., 21 F. Supp. 2d 424 (D.N.J. 1998). “See 16 C.F.R. § 310.6 (e). 44 . Section 310.3(a) states: Prohibited deceptive telemarketing acts or practices.”

Mainstream Mktg. Servs., Inc. v. Fed. Trade Comm'n, 283 F. Supp. 2d 1151 (D. Colo. 2003). “16 C.F.R. § 310.6 (a). The amended Rules also define abusive telemarketing practices as abandoning any outbound telephone call.”

United States v. Dish Network, L.L.C., 75 F. Supp. 3d 942 (C.D. Ill. 2014). “” 16 C.F.R. § 310.6 (b)(7). Any violation of the TSR constituted an unfair and deceptive act or practice in or affecting commerce in violation of § 5(a) of the Federal Trade Commission Act (FTC Act).”

United States v. Corporations for Character, L.C., 116 F. Supp. 3d 1258 (D. Utah 2015). “Merriam-Webster's Collegiate Dictionary 528; see also Black’s Law Dictionary 803. .”

Show all 18 citing cases →

— 16 C.F.R. § 310.6(b)(1) — 1 case

Fed. Trade Comm'n v. paddle.com Mkt. Ltd. (D.D.C. 2025).

— 16 C.F.R. § 310.6(b)(2) — 1 case

Fed. Trade Comm'n v. paddle.com Mkt. Ltd. (D.D.C. 2025).

— 16 C.F.R. § 310.6(b)(7) — 1 case

— 16 C.F.R. § 310.6(b)(7)(i) — 1 case

Fed. Trade Comm'n v. paddle.com Mkt. Ltd. (D.D.C. 2025).

— 16 C.F.R. § 310.6(b)(7)(ii) — 1 case

Fed. Trade Comm'n v. paddle.com Mkt. Ltd. (D.D.C. 2025).

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