Telemarketing Sales Rule

Forms and Documents

Document Name	Status
TSR '09 SS for NPRM dbt relieft FIN_mtd.pdf Supporting Statement A	2009-08-19

IC Document Collections

IC ID	Document Title	Status
32278	Recordkeeping for live TM calls	Unchanged
190185	Rcrdkpg for those newly subj. to TSR b/c of proposed dbt relief provs.	New
190184	Gen'l & specif. discl. for inbd dbt relief calls tied to direct mail	New
190183	Gen'l & specif. discl. for inbd dbt relief calls tied to gen'l media	New
190182	Specific discl. for non-exempt DM inbd calls for dbt relief	New
190181	Specific discl. for outbd calls for debt relief	New
189200	One-time setup of seller disclosures for prerecorded calls	Unchanged
189196	Submitting identifying info additional times for further Registry access	Unchanged
189194	Submitting identifying info once for Registry access	Unchanged
189193	Inbound calls involving business opportunities	Unchanged
189192	Specific discl. for inbd. call upsells realizing a neg. option sale	Unchanged
189191	Specific discl. for outbd. call upsells realizing neg. option sale	Unchanged
189190	Specific discl. for outbd. calls involving negative options	Unchanged
189189	Specific discl. for inbd. call upsells realizing a sale of CCLP	Unchanged
189188	Specific discl. for outbd. call upsells realizing a sale of CCLP	Unchanged
189187	Specific discl. for outbd. calls involving CCLP	Unchanged
189186	Specific discl. for outbd. calls involving prize promotions	Unchanged
189185	Discl. for inbd call upsell that results in a sale	Unchanged
189184	Discl. for outbd call upsell that results in a sale	Unchanged
189183	Discl. for outbd. calls resulting in direct sales	Unchanged
189182	Written discl. in direct mail solicitations	Unchanged
189178	Discl. for inbd calls upsold	Unchanged
189177	Discl. for outbd calls resulting in direct sales and then upsold	Unchanged
189176	Outbound call disclosures with early termination	Unchanged
189175	Outbound call disclosures w/o early termination	Unchanged
185985	Recordkeeping for new entrants for live & prerecorded calls	Unchanged
185984	Rcrdkpg for phase-in of Prerecorded Call Provisions	Unchanged

ICR Details

OMB Control No: 3084-0097	ICR Reference No: 200907-3084-003
Status: Historical Inactive	Previous ICR Reference No: 200905-3084-002
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: Comment filed on proposed rule and continue	Conclusion Date: 11/04/2009
	Date Received in OIRA: 08/19/2009
Terms of Clearance: This information collection provision associated with the proposed rule "Telemarketing Sales Rule (TSR)" has not been approved at this time. FTC should examine public comments in response to the NPRM and describe in the preamble of the final rule how the agency has maximized the practical utility of the collection and minimized the burden.

	Inventory as of this Action	Requested	Previously Approved
Expiration Date	07/31/2012	36 Months From Approved	07/31/2012
Responses	1,308,667,007	0	1,308,667,007
Time Burden (Hours)	1,634,347	0	1,634,347
Cost Burden (Dollars)	6,502,348	0	6,502,348

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Abstract: The proposed amendments to the FTC's Telemarketing Sales Rule (TSR) would address unlawful practices that have been occurring with increasing frequency in the telemarketing of debt relief services, including for-profit credit counseling services, debt settlement, and debt negotiation services. Based on recent law enforcement actions, staff outreach to stakeholders, analysis of complaint data, and other research, staff believes that tailoring the TSR to address law violations in the sale of debt relief services is warranted under the Telemarketing Act to enhance consumer protection.

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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	74 FR 41988	08/19/2009

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Federal Register Notices & Comments

Did the Agency receive public comments on this ICR? Yes

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Number of Information Collection (IC) in this ICR: 27

IC Title	Form No.	Form Name
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 calls for debt relief
Gen'l & specif. discl. for inbd dbt relief calls tied to direct mail
Recordkeeping for new entrants for live & prerecorded calls
Specific discl. for non-exempt DM inbd calls for dbt relief
Gen'l & specif. discl. for inbd dbt relief calls tied to gen'l media
Rcrdkpg for those newly subj. to TSR b/c of proposed dbt relief provs.
Specific discl. for outbd. call upsells realizing neg. option sale
Recordkeeping for live TM calls
Rcrdkpg for phase-in of Prerecorded Call Provisions
Submitting identifying info additional times for further Registry access
Submitting identifying info once for Registry access
Discl. for outbd call upsell that results in a sale
Specific discl. for outbd. calls involving negative options
Specific discl. for outbd. call upsells realizing a sale of CCLP
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
Inbound calls involving business opportunities
Discl. for outbd calls resulting in direct sales and then upsold

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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: There will be entities newly subject to the TSR's recordkeeping and disclosure provisions, including proposed new disclosures regarding debt relief services, the latter which will also apply to entities already subject to the TSR.

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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: 08/19/2009

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