The sale of 900-number pay-per-call services, which is subject to the FTC`s 900-number rule, is exempt from most TSR provisions. However, in order to comply with TSR, pay-per-call sellers are not allowed to: A magazine vendor may make an online telemarketing call to a customer whose number is registered in the national registry for 18 months after the date of the customer`s last payment for magazines or for 18 months after the last date of shipment of the magazine seller, whichever is later. A consumer calls a company to ask for more information about a particular product. If the business forwards the consumer`s call within three months of the date of the request, it is irrelevant whether the consumer`s telephone number is entered in the national register. But after that three-month period, the company would need either explicit consent from the consumer to receive more calls, or an established transaction-based business relationship to handle more calls. TSR prohibits sellers and telemarketers from distorting the claim that a customer needs goods or services offered in order to obtain unauthorized expense protection already available to them under federal law (15 U.S.C. § 1643). For example, you can`t falsely claim that a consumer who doesn`t purchase the credit card loss protection you offer could be held liable for thousands of dollars in unauthorized charges if a credit card is stolen. In fact, the law limits a customer`s liability for unauthorized charges on their credit card to $50.

What happens if I have problems accessing the national registry? Visit telemarketing.donotcall.gov for assistance during regular business hours using a secure electronic form, or email the Registry Help Desk at tmhelp@donotcall.gov. Requests for sale: In general, consumer calls in response to direct mail that are clear, conspicuous and truthful in disclosures required by the TSR are exempt from the NET. These disclosures are as follows: Under the Telemarketing Act, a number of companies and their affiliates who sell assets and fall under the jurisdiction of the Securities and Exchange Commission or the Commodity Futures Trading Commission are not covered by TSR – even if they have a plan, a sales program or campaign via interstate telephone calls. However, these businesses and individuals are subject to the FCC`s telemarketing rules. The same information must be provided in an upsell transaction if any of the information contained in that information is different from the original information (if the initial transaction was an outgoing call submitted to the TSR) or if the initial transaction did not require information, such as a non-commercial service call. In the case of an external upsell, where the second transaction in a single phone call involves a second seller, you must inform the consumer of the identity of the second seller – the one on whose behalf the upsell offer is made. On the other hand, an internal upsell where the same seller offers additional goods or services than the initial transaction does not require the redisclosure of the seller`s identity because the information is identical to that of the initial transaction. What does “error” mean? If a vendor or telemarketer has and implements written procedures for do not call numbers, they will not be liable for a violation of TSR if a subsequent call is the result of an error. However, it may be subject to an enforcement investigation focused on the effectiveness of existing procedures, their implementation and the training of all staff on do-not-call procedures. If there is a high incidence of “errors”, it can be determined that the procedures are insufficient to meet the “do not” requirements of the TSR, that the “safe harbor” is not respected, and that the calls violate the TSR. On the other hand, if there is a low incidence of “errors”, there may not be a violation of TSR.

The determination of the existence of an excusable “error” depends on the facts of each case. A safe rule of thumb to ensure that proper do-not-call procedures are implemented is to regularly test quality control and effectiveness. First, the prohibitions on certain payment methods, namely the use of remote payment orders and cheques, cash transfers and cash loading mechanisms, apply to incoming calls in response to general advertising in the media. If a seller or telemarketer uses payment orders or cheques created remotely, or accepts cash-to-cash transfers or cash top-up mechanisms, this is a violation of TSR. Still, small direct-to-home sellers should be aware that the FCC`s do-not-call regulations cover domestic calls. FCC rules exempt appeals from “personal relations” – if the party called is a family member, friend, or acquaintance of the telemarketer making the call. Factors to be considered in this analysis include the nature and nature of the goods or services offered, as well as the identity of the affiliate. Are the partner`s goods or services similar to those of the seller? Is the affiliate`s name the same or similar to the seller`s? The greater the similarity between the nature and nature of the goods sold by the seller and a subsidiary or affiliate and the greater the similarity in identity between the seller and a subsidiary and an affiliate, the more likely it is that the appeal will fit within the existing business relationship exception.