§6102 — Title 15 Commerce and Trade | U.S. Code

Summary

Creates rules that ban misleading or abusive phone sales and fundraising. The Federal Trade Commission (FTC) must write rules that outlaw phone schemes that trick people, including fake charity calls, and may cover helpers like those who launder credit card payments. The rules must also stop patterns of unwanted calls that a reasonable person would find harassing, set limits on the hours unsolicited calls can happen, require sellers to quickly and clearly say the call is to sell and give key facts like what is being sold and the price, and require charity callers to quickly and clearly say they are asking for donations and give the charity’s name and mailing address. When FTC rules affect financial products or services, the FTC must check with the Bureau of Consumer Financial Protection. Breaking these rules counts as an unfair or deceptive practice under section 57a, and for firms covered by the Consumer Financial Protection Act it also counts under section 1031. The Securities and Exchange Commission must issue similar rules for listed securities firms within 6 months unless existing securities law already provides similar protection or the SEC decides a rule isn’t needed. FTC rules don’t apply to the securities firms listed or to persons in section 9b(1) of title 7.

Title 15, §6102

Commerce and Trade — Source: USLM XML via OLRC

(a)(1)The Commission shall prescribe rules prohibiting deceptive telemarketing acts or practices and other abusive telemarketing acts or practices.

(2)The Commission shall include in such rules respecting deceptive telemarketing acts or practices a definition of deceptive telemarketing acts or practices which shall include fraudulent charitable solicitations, and which may include acts or practices of entities or individuals that assist or facilitate deceptive telemarketing, including credit card laundering.

(3)The Commission shall include in such rules respecting other abusive telemarketing acts or practices—

(A)a requirement that telemarketers may not undertake a pattern of unsolicited telephone calls which the reasonable consumer would consider coercive or abusive of such consumer’s right to privacy,

(B)restrictions on the hours of the day and night when unsolicited telephone calls can be made to consumers,

(C)a requirement that any person engaged in telemarketing for the sale of goods or services shall promptly and clearly disclose to the person receiving the call that the purpose of the call is to sell goods or services and make such other disclosures as the Commission deems appropriate, including the nature and price of the goods and services; 11 So in original. The semicolon probably should be a comma. and

(D)a requirement that any person engaged in telemarketing for the solicitation of charitable contributions, donations, or gifts of money or any other thing of value, shall promptly and clearly disclose to the person receiving the call that the purpose of the call is to solicit charitable contributions, donations, or gifts, and make such other disclosures as the Commission considers appropriate, including the name and mailing address of the charitable organization on behalf of which the solicitation is made.

(b)The Commission shall have authority to prescribe rules under subsection (a), in accordance with section 553 of title 5. In prescribing a rule under this section that relates to the provision of a consumer financial product or service that is subject to the Consumer Financial Protection Act of 2010, including any enumerated consumer law thereunder, the Commission shall consult with the Bureau of Consumer Financial Protection regarding the consistency of a proposed rule with standards, purposes, or objectives administered by the Bureau of Consumer Financial Protection.

(c)Any violation of any rule prescribed under subsection (a)—

(1)shall be treated as a violation of a rule under section 57a of this title regarding unfair or deceptive acts or practices; and

(2)that is committed by a person subject to the Consumer Financial Protection Act of 2010 shall be treated as a violation of a rule under section 1031 of that Act [12 U.S.C. 5531] regarding unfair, deceptive, or abusive acts or practices.

(d)(1)(A)Except as provided in subparagraph (B), not later than 6 months after the effective date of rules promulgated by the Federal Trade Commission under subsection (a), the Securities and Exchange Commission shall promulgate, or require any national securities exchange or registered securities association to promulgate, rules substantially similar to such rules to prohibit deceptive and other abusive telemarketing acts or practices by persons described in paragraph (2).

(B)The Securities and Exchange Commission is not required to promulgate a rule under subparagraph (A) if it determines that—

(i)Federal securities laws or rules adopted by the Securities and Exchange Commission thereunder provide protection from deceptive and other abusive telemarketing by persons described in paragraph (2) substantially similar to that provided by rules promulgated by the Federal Trade Commission under subsection (a); or

(ii)such a rule promulgated by the Securities and Exchange Commission is not necessary or appropriate in the public interest, or for the protection of investors, or would be inconsistent with the maintenance of fair and orderly markets.

(2)(A)The rules promulgated by the Securities and Exchange Commission under paragraph (1)(A) shall apply to a broker, dealer, transfer agent, municipal securities dealer, municipal securities broker, government securities broker, government securities dealer, investment adviser or investment company, or any individual associated with a broker, dealer, transfer agent, municipal securities dealer, municipal securities broker, government securities broker, government securities dealer, investment adviser or investment company. The rules promulgated by the Federal Trade Commission under subsection (a) shall not apply to persons described in the preceding sentence.

(B)For purposes of subparagraph (A)—

(i)the terms “broker”, “dealer”, “transfer agent”, “municipal securities dealer”, “municipal securities broker”, “government securities broker”, and “government securities dealer” have the meanings given such terms by paragraphs (4), (5), (25), (30), (31), (43), and (44) of section 78c(a) of this title;

(ii)the term “investment adviser” has the meaning given such term by section 80b–2(a)(11) of this title; and

(iii)the term “investment company” has the meaning given such term by section 80a–3(a) of this title.

(e)(1)The rules promulgated by the Federal Trade Commission under subsection (a) shall not apply to persons described in section 9b(1) of title 7.

(2)

Notes & Related Subsidiaries

Editorial Notes

References in Text

The Consumer Financial Protection Act of 2010, referred to in subsecs. (b) and (c)(2), is title X of Pub. L. 111–203, July 21, 2010, 124 Stat. 1955, which enacted subchapter V (§ 5481 et seq.) of chapter 53 of Title 12, Banks and Banking, and enacted and amended numerous other sections and notes in the Code. For complete classification of this Act to the Code, see

Short Title

note set out under section 5301 of Title 12 and Tables. Codification Section is comprised of section 3 of Pub. L. 103–297. Subsec. (e)(2) of section 3 of Pub. L. 103–297 enacted section 9b of Title 7, Agriculture.

Amendments

2010—Subsecs. (b), (c). Pub. L. 111–203 added subsecs. (b) and (c) and struck out former subsecs. (b) and (c) which read as follows: “(b) Rulemaking.—The Commission shall prescribe the rules under subsection (a) of this section within 365 days after August 16, 1994. Such rules shall be prescribed in accordance with section 553 of title 5. “(c)

Enforcement

.—Any violation of any rule prescribed under subsection (a) of this section shall be treated as a violation of a rule under section 57a of this title regarding unfair or deceptive acts or practices.” 2001—Subsec. (a)(2). Pub. L. 107–56, § 1011(b)(1), inserted “which shall include fraudulent charitable solicitations, and” before “which may include”. Subsec. (a)(3)(D). Pub. L. 107–56, § 1011(b)(2), added subpar. (D).

Statutory Notes and Related Subsidiaries

Effective Date

of 2010 AmendmentAmendment by Pub. L. 111–203 effective on the designated transfer date, see section 1100H of Pub. L. 111–203, set out as a note under section 552a of Title 5, Government Organization and Employees.

§6102 Telemarketing Rules