Sec. 3. TELEMARKETING RULES
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## SEC. 3 TELEMARKETING RULES **[**[15 U.S.C. 6102](/us/usc/t15/s6102)**]** ###
(a)In General ####
(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; and ##### (D)1 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. 1Placement of subparagraph
(D)after subparagraph
(C)reflects the probable intent of Congress. Section 1011(b)(2)(C) of Public Law 107–56 inserts this subparagraph at the end of paragraph (3), which has continuation text at the end. In prescribing the rules described in this paragraph, the Commission shall also consider recordkeeping requirements. ###
(b)Rulemaking Authority The Commission shall have authority to prescribe rules under subsection (a), in accordance with section 553 of title 5, United States Code. 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)Violations Any violation of any rule prescribed under subsection (a)— ####
(1)shall be treated as a violation of a rule under section 18 of the Federal Trade Commission Act 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 regarding unfair, deceptive, or abusive acts or practices. ###
(d)Securities and Exchange Commission Rules ####
(1)Promulgation #####
(A)In general 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)Exception 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. If the Securities and Exchange Commission determines that an exception described in clause
(i)or
(ii)applies, the Securities and Exchange Commission shall publish in the Federal Register its determination with the reasons for it. ####
(2)Application #####
(A)In general 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 asso- ciated 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)Definitions 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 3(a) of the Securities and Exchange Act of 1934 (15 U.S.C. 78c(a)(4), (5), (25), (30), (31), (43), and (44)); ######
(ii)the term “**investment adviser**” has the meaning given such term by section 202(a)(11) of the Investment Advisers Act of 1940 (15 U.S.C. 80b–2(a)(11)); and ######
(iii)the term “**investment company**” has the meaning given such term by section 3(a) of the Investment Company Act of 1940 (15 U.S.C. 80a–3(a)). ###
(e)Commodity Futures Trading Commission Rules ####
(1)Application The rules promulgated by the Federal Trade Commission under subsection
(a)shall not apply to persons described in subsection (f)(1) of section 6 of the Commodity Exchange Act (7 U.S.C. 8, 9, 15, 13b, 9a). ####
(2)Promulgation Section 6 of the Commodity Exchange Act (7 U.S.C. 8, 9, 15, 13b, 9a) is amended by adding at the end the following new subsection: > > ### “(f) > > > ####
(1)> > Except as provided in paragraph (2), not later than six months after the effective date of rules promulgated by the Federal Trade Commission under section 3(a) of the Telemarketing and Consumer Fraud and Abuse Prevention Act, the Commission shall promulgate, or require each registered futures association to promulgate, rules substantially similar to such rules to prohibit deceptive and other abusive telemarketing acts or practices by any person registered or exempt from registration under this Act in connection with such person's business as a futures commission merchant, introducing broker, commodity trading advisor, commodity pool operator, leverage transaction merchant, floor broker, or floor trader, or a person associated with any such person. > > > #### “(2) > > The Commission is not required to promulgate rules under paragraph
(1)if it determines that— > > > ##### “(A) > > rules adopted by the Commission under this Act provide protection from deceptive and abusive telemarketing by persons described under paragraph
(1)substantially similar to that provided by rules promulgated by the Federal Trade Commission under section 3(a) of the Telemarketing and Consumer Fraud and Abuse Prevention Act; or > > > ##### “(B) > > such a rule promulgated by the Commission is not necessary or appropriate in the public interest, or for the pro- tection of customers in the futures and options markets, or would be inconsistent with the maintenance of fair and orderly markets. > > If the Commission determines that an exception described in subparagraph
(A)or
(B)applies, the Commission shall publish in the Federal Register its determination with the reasons for it.” > .
Connectionstraces to 3
3 references not yet in our index
- Pub. L. 107-56
- 15 USC 80b–2(a)(11)
- 15 USC 80a–3(a)
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cites case law
Sec. 3
TELEMARKETING RULES
Pub. L.Pub. L. 107-56
Cite15 USC 80b–2(a)(11)
Cite15 USC 80a–3(a)
Cites 6Cited by 0 across 0 sources