New TSR Telemarketing Call Recordkeeping Requirements Effective October 15, 2024

The Federal Trade Commission’s (“FTC”) newest amendment to the Telemarketing Sales Rule (“TSR” or the “Rule”) took effect on May 16, 2024, with a 180-day grace period provided to allow for compliance with Section 310.5(a)(2) of the amendment, which requires the retention of specific records for telemarketing calls. This grace period will soon come to a close, and as of Tuesday, October 15, 2024, all “sellers” and “telemarketers,” as defined under the Rule, must adhere to all sections of the new recordkeeping requirements. 

Effective October 15th, in addition to all existing TSR recordkeeping requirements, companies must now maintain the following records for each telemarketing call: 

  • The telemarketer that placed/received the call;
  • The seller/person for which the call is placed/received;
  • The service that is the subject of the call;
  • Whether the call is to a business or consumer;
  • Whether it is an outbound call;
  • Whether a pre-recorded message was used; 
  • The calling number, called number, date, time, and duration of call;
  • The telemarketing script(s) and prerecorded message, if any, used during the call;
  • The caller ID telephone name and telephone number transmitted to recipients of calls, and any contracts or authorization to use that name and number; and
  • The disposition of the call, i.e., whether answered, connected, dropped, or transferred. If transferred, the company name and telephone number/IP address to which the call was transferred.

All companies that engage in telemarketing or arrange for the telemarketing of their products or services, including companies that engage in telemarketing to other businesses, must be cognizant of the new Rule. If you have not already, companies should immediately start revising and strengthening their TSR compliance management processes to mitigate the risk of compliance failures. Failure to comply with the TSR can result in penalties of up to $50,000 per call.

For more information on the amendment, please watch our webinar, which can be accessed by clicking on the following link: https://www.shipkevich.com/overview-of-the-latest-tsr-amendment-applicable-to-all-telemarketers-and-sellers/.

If you would like to read the entire text of the Rule, as amended, please click on the following link: https://www.govinfo.gov/content/pkg/FR-2024-04-16/pdf/2024-07180.pdf.

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