15 U.S.C. § 6102

Telemarketing rules

Read at: OLRCuscode.house.gov CornellLII GovInfogovinfo.gov JustiaTitle 15 CasesGoogle Scholar

(a) In general(1) The Commission shall prescribe rules prohibiting deceptive telemarketing acts or practices and other abusive telemarketing acts or practices.(2) The Commission shall include in such rules respecting deceptive telemarketing acts or practices a definition of deceptive telemarketing acts or practices which shall include fraudulent charitable solicitations, and which may include acts or practices of entities or individuals that assist or facilitate deceptive telemarketing, including credit card laundering.(3) The Commission shall include in such rules respecting other abusive telemarketing acts or practices—(A) a requirement that telemarketers may not undertake a pattern of unsolicited telephone calls which the reasonable consumer would consider coercive or abusive of such consumer’s right to privacy,(B) restrictions on the hours of the day and night when unsolicited telephone calls can be made to consumers,(C) a requirement that any person engaged in telemarketing for the sale of goods or services shall promptly and clearly disclose to the person receiving the call that the purpose of the call is to sell goods or services and make such other disclosures as the Commission deems appropriate, including the nature and price of the goods and services; 11 So in original. The semicolon probably should be a comma. and(D) a requirement that any person engaged in telemarketing for the solicitation of charitable contributions, donations, or gifts of money or any other thing of value, shall promptly and clearly disclose to the person receiving the call that the purpose of the call is to solicit charitable contributions, donations, or gifts, and make such other disclosures as the Commission considers appropriate, including the name and mailing address of the charitable organization on behalf of which the solicitation is made.In prescribing the rules described in this paragraph, the Commission shall also consider recordkeeping requirements.(b) Rulemaking authority

The Commission shall have authority to prescribe rules under subsection (a), in accordance with section 553 of title 5. In prescribing a rule under this section that relates to the provision of a consumer financial product or service that is subject to the Consumer Financial Protection Act of 2010, including any enumerated consumer law thereunder, the Commission shall consult with the Bureau of Consumer Financial Protection regarding the consistency of a proposed rule with standards, purposes, or objectives administered by the Bureau of Consumer Financial Protection.

(c) ViolationsAny violation of any rule prescribed under subsection (a)—(1) shall be treated as a violation of a rule under section 57a of this title regarding unfair or deceptive acts or practices; and(2) that is committed by a person subject to the Consumer Financial Protection Act of 2010 shall be treated as a violation of a rule under section 1031 of that Act [12 U.S.C. 5531] regarding unfair, deceptive, or abusive acts or practices.(d) Securities and Exchange Commission rules(1) Promulgation(A) In general

Except as provided in subparagraph (B), not later than 6 months after the effective date of rules promulgated by the Federal Trade Commission under subsection (a), the Securities and Exchange Commission shall promulgate, or require any national securities exchange or registered securities association to promulgate, rules substantially similar to such rules to prohibit deceptive and other abusive telemarketing acts or practices by persons described in paragraph (2).

(B) ExceptionThe Securities and Exchange Commission is not required to promulgate a rule under subparagraph (A) if it determines that—(i) Federal securities laws or rules adopted by the Securities and Exchange Commission thereunder provide protection from deceptive and other abusive telemarketing by persons described in paragraph (2) substantially similar to that provided by rules promulgated by the Federal Trade Commission under subsection (a); or(ii) such a rule promulgated by the Securities and Exchange Commission is not necessary or appropriate in the public interest, or for the protection of investors, or would be inconsistent with the maintenance of fair and orderly markets.If the Securities and Exchange Commission determines that an exception described in clause (i) or (ii) applies, the Securities and Exchange Commission shall publish in the Federal Register its determination with the reasons for it.(2) Application(A) In general

The rules promulgated by the Securities and Exchange Commission under paragraph (1)(A) shall apply to a broker, dealer, transfer agent, municipal securities dealer, municipal securities broker, government securities broker, government securities dealer, investment adviser or investment company, or any individual associated with a broker, dealer, transfer agent, municipal securities dealer, municipal securities broker, government securities broker, government securities dealer, investment adviser or investment company. The rules promulgated by the Federal Trade Commission under subsection (a) shall not apply to persons described in the preceding sentence.

(B) DefinitionsFor purposes of subparagraph (A)—(i) the terms “broker”, “dealer”, “transfer agent”, “municipal securities dealer”, “municipal securities broker”, “government securities broker”, and “government securities dealer” have the meanings given such terms by paragraphs (4), (5), (25), (30), (31), (43), and (44) of section 78c(a) of this title;(ii) the term “investment adviser” has the meaning given such term by section 80b–2(a)(11) of this title; and(iii) the term “investment company” has the meaning given such term by section 80a–3(a) of this title.(e) Commodity Futures Trading Commission rules(1) Application

The rules promulgated by the Federal Trade Commission under subsection (a) shall not apply to persons described in section 9b(1) of title 7.

(2) Omitted(Pub. L. 103–297, § 3, Aug. 16, 1994, 108 Stat. 1545; Pub. L. 107–56, title X, § 1011(b)(1), (2), Oct. 26, 2001, 115 Stat. 396; Pub. L. 111–203, title X, § 1100C(a), July 21, 2010, 124 Stat. 2110.)Editorial NotesReferences in Text

The Consumer Financial Protection Act of 2010, referred to in subsecs. (b) and (c)(2), is title X of Pub. L. 111–203, July 21, 2010, 124 Stat. 1955, which enacted subchapter V (§ 5481 et seq.) of chapter 53 of Title 12, Banks and Banking, and enacted and amended numerous other sections and notes in the Code. For complete classification of this Act to the Code, see Short Title note set out under section 5301 of Title 12 and Tables.

Codification

Section is comprised of section 3 of Pub. L. 103–297. Subsec. (e)(2) of section 3 of Pub. L. 103–297 enacted section 9b of Title 7, Agriculture.

Amendments

2010—Subsecs. (b), (c). Pub. L. 111–203 added subsecs. (b) and (c) and struck out former subsecs. (b) and (c) which read as follows:

“(b) Rulemaking.—The Commission shall prescribe the rules under subsection (a) of this section within 365 days after August 16, 1994. Such rules shall be prescribed in accordance with section 553 of title 5.

“(c) Enforcement.—Any violation of any rule prescribed under subsection (a) of this section shall be treated as a violation of a rule under section 57a of this title regarding unfair or deceptive acts or practices.”

2001—Subsec. (a)(2). Pub. L. 107–56, § 1011(b)(1), inserted “which shall include fraudulent charitable solicitations, and” before “which may include”.

Subsec. (a)(3)(D). Pub. L. 107–56, § 1011(b)(2), added subpar. (D).

Statutory Notes and Related SubsidiariesEffective Date of 2010 Amendment

Amendment by Pub. L. 111–203 effective on the designated transfer date, see section 1100H of Pub. L. 111–203, set out as a note under section 552a of Title 5, Government Organization and Employees.

Notes of Decisions

Cited in 74 cases (38 in the last 5 years), 2003–2026 · leading case: Soundboard Ass'n v. Fed. Trade Comm'n, 888 F.3d 1261 (D.C. Cir. 2018).

Sort: Relevance Newest Treatment

Soundboard Ass'n v. Fed. Trade Comm'n, 888 F.3d 1261 (D.C. Cir. 2018). · cites it 2× “” 15 U.S.C. § 6102 (a)(1). In 1995, the Commission promulgated the Telemarketing Sales Rule (“TSR”), which restricts telemarketing to certain times of day, creates the “do-not-call” list, and imposes other requirements 4 to prevent fraud, abuse, and intrusions on customer…”

Nat'l Fed'n of the Blind Special Olympics Maryland, Inc. v. Fed. Trade Comm'n, 420 F.3d 331 (4th Cir. 2005). · cites it 3× “” 15 U.S.C. § 6102 (a)(1) (2000). Specifically, Congress directed the FTC to forbid “unsolicited telephone calls which the reasonable consumer would consider coercive or abusive of such consumer’s right to privacy,” to restrict “the hours of the day and night when unsolicited…”

Fed. Trade Comm'n v. Stefanchik, 559 F.3d 924 (9th Cir. 2009). “15 U.S.C. § 6102 (a)(1). 15 . 16 C.F.R. § 310.”

Nat'l Fed'n of the Blind v. Fed. Trade Comm'n, 303 F. Supp. 2d 707 (D. Maryland 2004). · cites it 4× “15 U.S.C. § 6102 (a)(1). The definition of “telemarketing” in the statute was limited to plans, programs, or campaigns involving more,than one interstate phone call, which sought to “induce purchases of goods or services.”

Unified Data Servs., LLC v. FTC, 39 F.4th 1200 (9th Cir. 2022). “” 15 U.S.C. § 6102 (a)(1). Pursuant to that authority, the FTC promulgated the Telemarketing Sales Rule (hereinafter, “the Rule”).”

Fed. Trade Comm'n v. Andris Pukke, 53 F.4th 80 (4th Cir. 2022). “15 U.S.C. § 6102 (c); 15 U.S.C. § 57a(d)(3).”

Morgan Drexen, Inc. v. Consum. Fin. Prot. Bureau, 979 F. Supp. 2d 104 (D.D.C. 2013). · cites it 2× “See 15 U.S.C. § 6102 (c)(2). Pursuant to the Dodd-Frank Act, the Bureau is empowered to engage in investigations and bring enforcement actions.”

Consum. Fin. Prot. v. Seila Law LLC, 923 F.3d 680 (9th Cir. 2019). “See 15 U.S.C. § 6102 ; Telemarketing Sales Rule, 75 Fed.”

Fed. Trade Comm'n v. Med. Billers Network, Inc., 543 F. Supp. 2d 283 (S.D.N.Y. 2008). “15 U.S.C. § 6102 (c); 16 C.F.R. § 310.1 .”

United States v. Dish Network, L.L.C., 75 F. Supp. 3d 942 (C.D. Ill. 2014). · cites it 3× “15 U.S.C. § 6102 (a)(1). On August 23, 1995, the FTC complied and issued the TSR.”

Fed. Trade Comm'n v. Lifewatch Inc., 176 F. Supp. 3d 757 (N.D. Ill. 2016). “§ 6105 (b) (“The Commission shall prevent any person from violating a rule of the Commission under [ 15 U.S.C. § 6102 ] in the same manner, by the same means, and with the same jurisdiction, powers, and duties as though all ’applicable terms and provisions of the Federal Trade…”

United States v. Dish Network LLC, 256 F. Supp. 3d 810 (C.D. Ill. 2017). “15 U.S.C. § 6102 (c)(1). A violation of such a rule promulgated under the FTC Act is considered an unfair or deceptive act or practice in violation of § 5 of the FTC Act.”

Show all 74 citing cases →

— 15 U.S.C. § 6102(c) — 1 case

United States v. Dish Network, L.L.C., 75 F. Supp. 3d 942 (C.D. Ill. 2014). “15 U.S.C. § 6102 (a)(1). On August 23, 1995, the FTC complied and issued the TSR.”

Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.