Telemarketing Sales Rule

Forms and Documents

Document Name	Status
FTC Staff Analysis of National Automobile Dealers Association Comment_mtd.pdf Supplementary Document	2009-05-28
TSR '09 SS FIN 5-28-09_mtd.pdf Supporting Statement A	2009-05-28

IC Document Collections

IC ID	Document Title	Status
32278	Recordkeeping for live TM calls	Modified
189200	One-time setup of seller disclosures for prerecorded calls	New
189196	Submitting identifying info additional times for further Registry access	New
189194	Submitting identifying info once for Registry access	New
189193	Inbound calls involving business opportunities	New
189192	Specific discl. for inbd. call upsells realizing a neg. option sale	New
189191	Specific discl. for outbd. call upsells realizing neg. option sale	New
189190	Specific discl. for outbd. calls involving negative options	New
189189	Specific discl. for inbd. call upsells realizing a sale of CCLP	New
189188	Specific discl. for outbd. call upsells realizing a sale of CCLP	New
189187	Specific discl. for outbd. calls involving CCLP	New
189186	Specific discl. for outbd. calls involving prize promotions	New
189185	Discl. for inbd call upsell that results in a sale	New
189184	Discl. for outbd call upsell that results in a sale	New
189183	Discl. for outbd. calls resulting in direct sales	New
189182	Written discl. in direct mail solicitations	New
189178	Discl. for inbd calls upsold	New
189177	Discl. for outbd calls resulting in direct sales and then upsold	New
189176	Outbound call disclosures with early termination	New
189175	Outbound call disclosures w/o early termination	New
185985	Recordkeeping for new entrants for live & prerecorded calls	Modified
185984	Rcrdkpg for phase-in of Prerecorded Call Provisions	Modified

ICR Details

OMB Control No: 3084-0097	ICR Reference No: 200905-3084-002
Status: Historical Active	Previous ICR Reference No: 200806-3084-001
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
OIRA Conclusion Action: Approved without change	Conclusion Date: 07/21/2009
	Date Received in OIRA: 05/28/2009
Terms of Clearance:

	Inventory as of this Action	Requested	Previously Approved
Expiration Date	07/31/2012	36 Months From Approved	07/31/2009
Responses	1,308,667,007	0	2,500,033,146
Time Burden (Hours)	1,634,347	0	2,582,865
Cost Burden (Dollars)	6,502,348	0	12,575,000

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Abstract: The Telemarketing Sales Rule 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 May 31, 2009.

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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:
	Not associated with rulemaking

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Federal Register Notices & Comments
60-day Notice:	Federal Register Citation:	Citation Date:
	74 FR 11952	03/20/2009
30-day Notice:	Federal Register Citation:	Citation Date:
	74 FR 25540	05/28/2009
Did the Agency receive public comments on this ICR? Yes

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Number of Information Collection (IC) in this ICR: 22

IC Title	Form No.	Form Name
Specific discl. for outbd. calls involving negative options
Submitting identifying info once for Registry access
Discl. for outbd call upsell that results in a sale
Inbound calls involving business opportunities
Discl. for outbd calls resulting in direct sales and then upsold
One-time setup of seller disclosures for prerecorded calls
Discl. for inbd call upsell that results in a sale
Specific discl. for outbd. calls involving CCLP
Outbound call disclosures with early termination
Outbound call disclosures w/o early termination
Discl. for inbd calls upsold
Specific discl. for outbd. call upsells realizing neg. option sale
Recordkeeping for live TM calls
Rcrdkpg for phase-in of Prerecorded Call Provisions
Specific discl. for outbd. call upsells realizing a sale of CCLP
Submitting identifying info additional times for further Registry access
Specific discl. for inbd. call upsells realizing a sale of CCLP
Specific discl. for inbd. call upsells realizing a neg. option sale
Written discl. in direct mail solicitations
Discl. for outbd. calls resulting in direct sales
Specific discl. for outbd. calls involving prize promotions
Recordkeeping for new entrants for live & prerecorded calls

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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	1,308,667,007	2,500,033,146	0	0	-1,191,366,139	0
Annual Time Burden (Hours)	1,634,347	2,582,865	0	0	-948,518	0
Annual Cost Burden (Dollars)	6,502,348	12,575,000	0	0	-6,072,652	0

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

Burden Increase Due to:

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

Burden Reduction Due to:

Short Statement: The current cumulative burden estimate of 1,634,347 hours is reduced from the FTC’s prior cleared burden estimate in 2006 of 2,500,000 (and, incremental to that in 2008, the additional 82,865 hours for the prerecorded call amendments). Estimated non-labor cost is reduced from $12,575,000 to $6,502,350. These reductions are largely attributable to staff’s reduced estimates for the number of telemarketing entities subject to the TSR (from 15,000 to 14,335), based on updated National Registry data, a correction to how the estimated number of inbound telemarketers was extrapolated from that overall estimate, the eliminated prior double-counting of telefunders in staff’s burden estimates, and a reduced estimate of the number of direct initial sales from inbound calls subject to FTC jurisdiction (2.8 billion versus 3.3 billion previously).

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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)? No

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: 05/28/2009

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