For several years following its introduction inthe Do Not Call list successfully sheltered individuals from unwanted calls about gym memberships and cheap travel packages.
Examples of investment opportunities include art, rare coins, oil and gas leases, precious or strategic metals, gemstones, or FCC license or spectrum lottery schemes.
The exemption for calls responding to direct mail advertising is available both to telemarketers soliciting sales of goods or services and to telefunders soliciting charitable contributions. Generally, consumer calls in response to a direct mail solicitation that clearly, conspicuously, and truthfully makes the disclosures required by the TSR are exempt from the TSR.
If you are a seller or telemarketer who uses direct mail, you may use this exemption only if your direct mail solicitation messages make the disclosures required by Section Consumer calls in response to direct mail messages that solicit charitable contributions are exempt, provided they contain no material misrepresentation about: This is regardless of whether the advertisement makes the disclosures required by the TSR and contains no misrepresentations.
In addition, as with the general media exemption, it is a violation of the TSR for a seller or telemarketer engaged in direct mail solicitation to accept remotely created payment orders or checks, cash-to-cash money transfers, or cash reload mechanisms.
Therefore, they are covered by the TSR only if they violate the prohibition. Upselling occurs when a seller or telemarketer tries to sell additional goods or services during a single phone call, after an initial transaction. Any instances of upselling following an exempt transaction are covered by the TSR.
A consumer calls a department store to ask about the price of a microwave oven. Because the call is not the result of a solicitation by the seller, the initial inquiry is exempt from the Rule.
If the seller tries to upsell a refrigerator during the same call, the upsell transaction is subject to the TSR.
A consumer calls in response to an infomercial advertising a home gym product for sale. If the home gym product is the only item offered during the call, the call is exempt. But if the telemarketer offers a free-trial offer to a cookbook series after the sales pitch for the home gym, the cookbook offer constitutes a separate transaction and is an upsell covered by the TSR.
If both the home gym product and the cookbook series are prominently featured in the general media advertisement, transactions involving either or both products fall within the general media exemption.
Still, to comply with the TSR, sellers of pay-per-call services must not: Part and business opportunities subject to the Business Opportunities Rule 16 C. Part are exempt from most provisions of the TSR but not all.
Sellers and telemarketers selling franchises subject to the Franchise Rule or business opportunities subject to the Business Opportunities Rule must not: Calls that are Part of a Transaction Involving a Face-to-Face Sales Presentation The TSR generally does not cover telephone transactions where the sale of goods or services or a charitable contribution is not completed until after a face-to-face presentation by the seller or charitable organization, and the consumer is not required to pay or authorize payment until then.
This exemption is for transactions that begin with a face-to-face sales presentation and are completed in a phone call, as well as those that begin with a phone call and are completed in a face-to-face sales presentation.
The key to the face-to-face exemption is the direct, substantive and personal contact between the consumer and seller. The goal of the TSR is to protect consumers against deceptive or abusive practices that can arise when a consumer has no direct contact with an invisible and anonymous seller other than the telephone sales call.
A face-to-face meeting provides the consumer with more information about — and direct contact with — the seller, and helps limit potential problems the TSR is designed to remedy.
Nevertheless, even in transactions where there is a face-to-face meeting, telemarketers must not: Requirements for Sellers and Telemarketers Sellers and Telemarketers Must Disclose Material Information The TSR requires sellers and telemarketers, whether making outbound calls to consumers or receiving inbound calls from consumers, to provide certain material information before the consumer pays for the goods or services that are the subject of the sales offer.
More simply, it is information a consumer needs to make an informed decision about whether to buy goods or services or make a donation. Sellers and telemarketers may provide the material information either orally or in writing.
Clear and conspicuous means that information is presented in a way that is difficult to miss and that ordinary consumers will easily notice and understand, so that required disclosures are communicated as effectively as the sales message.
When a seller or telemarketer makes required disclosures in a written document that is sent to a consumer and follows up with an outbound sales call to the consumer, the disclosures are considered clear and conspicuous only if they are sent close enough in time to the call so that the consumer associates the call with the written disclosures.
When disclosures are oral, clear and conspicuous means at an understandable speed and pace, and in the same language s and in the same tone and volume as the sales offer s so that ordinary consumers can easily hear and understand it.
When making outbound calls, a telemarketer must promptly disclose certain types of information to consumers orally in the sales presentation. Required information about a prize promotion must be given before or when the prize offered is described.
Before a Consumer Consents to Pay: Sellers and telemarketers must give a consumer the information required by Section Asking for any credit card, bank account or other payment information. Requesting, arranging for, or asking a consumer to request or arrange for a courier to pick up payment for the goods or services offered.
When sellers and telemarketers have pre-acquired account information, they must provide the required disclosures before the customer provides express informed consent. When sellers and telemarketers offer to sell goods or services, they must provide the consumer with material information about the offered goods or services necessary to avoid misleading consumers.
The TSR specifies seven broad categories of material information that sellers and telemarketers must give consumers: Cost and Quantity The TSR requires sellers and telemarketers to disclose the total cost to buy, receive, or use the offered goods or services.
While disclosing the total number of installment payments and the amount of each payment satisfies this requirement, the number and amount of such payments must correlate to the billing schedule that will be implemented.
The TSR also requires you to tell a consumer the total quantity of goods the consumer must pay for and receive.The National Do Not Call Registry is a database maintained by the United States federal government, opened the National Do Not Call Registry in order to comply with the Do-Not-Call Implementation Act of (Pub.L.
–10, was H.R.
, and codified at 15 U.S.C. We do not repeat those efforts, although we do document some regulatory provisions implemented after the dates of those studies. The purpose of this examination was to catalogue the structural features of the State regulatory efforts, and to pinpoint some of the concerns raised by the structures.
The Implementation of the Title III State Formula Grant Program The biennial report to Congress on the implementation of the Title III state formula grant program provides a snapshot of the status of the U.S.
Department of Education’s from outside the United States . The Do-Not-Call Implementation Act: Legislating the Sound of Silence Douglas C.
Nelson century is behind us, the problem is not. Indeed, consumer complaints to the Federal Trade Commission ("FTC") in regard to 4 Do-Not-Call Implementation Act of , Pub.
L. No. , Stat. The Implementation Act has been amended by the Do-Not-Call Registry Fee Extension Act of , specifying the Registry fees for telemarketers and revising reporting requirements in the Telemarketing and Consumer Fraud and Abuse Prevention Act; and by the Do-Not-Call Improvement Act of , prohibiting automatic expiration of registry listings.
The Do-Not-Call Implementation Act authorizes FTC to collect fees to implement and enforce a do-not-call registry.
The Act allows fees to be collected for fiscal years through