§6102 Telemarketing rules

Summary

The Federal Trade Commission must create rules that stop deceptive and abusive telemarketing. The rules must define deceptive telemarketing and include fraudulent charity scams. They can also cover people who help the scams, like those who launder credit card payments. The rules must stop patterns of unwanted calls that a normal person would find coercive or a privacy invasion. They must limit the hours when unsolicited calls can be made. If the call is to sell goods or services, the caller must quickly and clearly say the call is to sell and give other details the FTC requires, including what is being sold and the price. If the call is to raise money for charity, the caller must quickly and clearly say it is a charity solicitation and give the charity’s name and mailing address and other required details. When the FTC makes rules about telemarketing tied to financial products or services, it must consult the Consumer Financial Protection Bureau. Breaking an FTC telemarketing rule is treated as a violation of section 57a of this title and, for people covered by the Consumer Financial Protection Act, also as a violation of section 1031 (12 U.S.C. 5531). The Securities and Exchange Commission has 6 months after the FTC rules take effect to make similar rules for brokers, dealers, transfer agents, investment advisers, investment companies, and similar securities professionals, unless existing securities laws already give similar protection or a new rule is unnecessary. FTC rules do not apply to people listed in section 9b(1) of title 7.