For information about a particular state’s laws, contact the state attorney general’s office or another state consumer protection agency. to induce the purchase of goods or services or a charitable contribution” involving more than one interstate telephone call.
The TSR regulates “telemarketing” — defined in the Rule as “a plan, program, or campaign . (The FCC regulates both intrastate and interstate calling.) With some important exceptions, any businesses or individuals that take part in “telemarketing” must comply with the TSR.
Although tax exempt non-profit charities that conduct their own telemarketing are not covered by the TSR, the USA PATRIOT Act, passed in 2001, brought charitable solicitations by for-profit telemarketers within the scope of the TSR.
Certain key provisions: All of these amendments are explained in this guide.
If your telemarketing campaigns involve any calls across state lines — whether you make outbound calls or receive calls in response to advertising — you may be subject to the TSR’s provisions.
The Federal Communications Commission (FCC) enforces the Telephone Consumer Protection Act (TCPA), which also regulates telemarketing.
Unlike the jurisdictional exemptions for banks and non-profit organizations, which do not extend to third-party telemarketers making calls on their behalf, in the case of the telemarketing of insurance products and services, the TSR does not necessarily apply simply because the campaign is conducted by a third-party telemarketer.
Some types of calls also are not covered by the Rule, regardless of whether the entity making or receiving the call is covered.
Some examples include calls to: Calls are not considered “unsolicited” when placed by consumers in response to a prerecorded call.