The Telemarketing Sales Rule, or TSR, at 16 CFR Part 310 is the FTC’s telemarketing regulation, in effect since December 31, 1995. It applies to most businesses that sell goods or services through outbound or inbound sales calls, including calls placed by outside vendors on your behalf.
Telemarketing Sales Rule Requirements
Covered sellers must scrub against the National Do Not Call Registry every 31 days, keep an internal do-not-call list, call only between 8 a.m. and 9 p.m. local time, promptly disclose the seller’s identity and the sales purpose of the call, make truthful claims about cost and material terms, and transmit accurate caller ID. Prerecorded sales calls require prior express written agreement from the consumer, a provision in place since September 1, 2009. The National Do Not Call Registry itself has operated since 2003.
Enforcement and Vendor Liability
The FTC and state attorneys general enforce the TSR with civil penalties that currently exceed 50,000 dollars per violation, and each illegal call is a separate violation. Sellers are liable for their telemarketing vendors, so small businesses hiring call centers or lead generation firms need contracts and audits, not just assurances. A 2024 amendment expanded recordkeeping obligations, including retention of consent records and call detail records.
Source: U.S. Government Publishing Office: 16 CFR Part 310
Report a violation: If you believe a business is violating this law, you can file a complaint at FTC Fraud Report.
