Telemarketing Sales Rule

Forms and Documents

Document Name	Status
TSR SS for final amendments_mtd.pdf Supporting Statement A	2008-08-29

IC Document Collections

IC ID	Document Title	Status
32278	Telemarketing Sales Rule	Modified
185985	Incremental disclosure under TSR amendments re: subject entities accessing DNC Registry	New
185984	Incremental rcrdkpg under TSR re: subject entities accessing DNC Registry	New

ICR Details

OMB Control No: 3084-0097	ICR Reference No: 200806-3084-001
Status: Historical Active	Previous ICR Reference No: 200605-3084-001
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: Emergency	Approval Requested By: 10/31/2008
OIRA Conclusion Action: Approved without change	Conclusion Date: 11/26/2008
	Date Received in OIRA: 09/02/2008
Terms of Clearance:

	Inventory as of this Action	Requested	Previously Approved
Expiration Date	05/31/2009	6 Months From Approved	07/31/2009
Responses	2,500,033,146	0	2,500,000,000
Time Burden (Hours)	2,582,865	0	2,500,000
Cost Burden (Dollars)	12,575,000	0	12,575,000

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Abstract: The Telemarketing Sales Rule ("TSR") requires certain disclosures in telemarketing calls for the sale of good 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 current OMB approval for the information collection requirements in the TSR expires on July 31, 2009. That clearance, issued in 2006, does not encompass the new information collection requirements presented by two recent amendments to the TSR. This submission addresses them.

Emergency Justfication: The Commission is requesting expedited OMB review and emergency clearance because the use of normal clearance procedures under 5 CFR 1320.12 will likely disrupt the collection of information for the earlier of two PRA-related amendments to the TSR, for which compliance will be enforced beginning December 1, 2008. A grant of 180 days clearance will provide the FTC added time to: (a) publish for public comment a Federal Register notice stating FTC staff estimates of incremental PRA burden associated with the final Rule amendments; (b) pursue thereafter under 5 C.F.R. § 1320.12 normal clearance procedures for the revised Rule as a whole; (c) review of any public comments received for these respective notices; (d) prepare related supporting statements for OMB’s review.

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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-AA98	Final or interim final rulemaking	73 FR 51164	08/29/2008

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Federal Register Notices & Comments
30-day Notice:	Federal Register Citation:	Citation Date:
	73 FR 52049	09/08/2008
Did the Agency receive public comments on this ICR? No

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Number of Information Collection (IC) in this ICR: 3

IC Title	Form No.	Form Name
Telemarketing Sales Rule
Incremental rcrdkpg under TSR re: subject entities accessing DNC Registry
Incremental disclosure under TSR amendments re: subject entities accessing DNC Registry

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ICR Summary of Burden

	Total Approved	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	2,500,033,146	2,500,000,000	0	33,146	0	0
Annual Time Burden (Hours)	2,582,865	2,500,000	0	82,865	0	0
Annual Cost Burden (Dollars)	12,575,000	12,575,000	0	0	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 reflects FTC staff's estimated changes in PRA burden posed by the amendment to the Telemarketing Sales Rule that involved prerecorded calls. Specifically, the final prerecorded call amendment expressly authorizes sellers and telemarketers to place outbound prerecorded telemarketing calls to consumers if: (1) the seller has obtained written agreements from those consumers to receive prerecorded telemarketing calls after a clear and conspicuous disclosure of the purpose of the agreement; and (2) the call discloses an opt-out mechanism at the outset of the call.

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Annual Cost to Federal Government: $0

Does this IC contain surveys, censuses, or employ statistical methods? No

Is the Supporting Statement intended to be a Privacy Impact Assessment required by the E-Government Act of 2002? No

Is this ICR related to the Affordable Care Act [Pub. L. 111-148 & 111-152]? Uncollected

Is this ICR related to the Dodd-Frank Wall Street Reform and Consumer Protection Act, [Pub. L. 111-203]? Uncollected

Is this ICR related to the American Recovery and Reinvestment Act of 2009 (ARRA)? Uncollected

Is this ICR related to the Pandemic Response? Uncollected

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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: 09/02/2008

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