Telemarketing and Consumer Fraud and Abuse Prevention Act: 15 U.S. Code § 6102 - Telemarketing rules | mrisch | August 07, 2014

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Telemarketing and Consumer Fraud and Abuse Prevention Act: 15 U.S. Code § 6102 - Telemarketing rules

by mrisch
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(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;  [1] 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.
In prescribing the rules described in this paragraph, the Commission shall also consider recordkeeping requirements.
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(b) Rulemaking authority
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.
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(c) Violations
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.
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(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) of this section, 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) of this section; 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 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) of this section 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 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 section80a–3 (a) of this title.
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(e) Commodity Futures Trading Commission rules
(1) Application
The rules promulgated by the Federal Trade Commission under subsection (a) of this section shall not apply to persons described in section 9b (1) of title 7.
(2) Omitted

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[1]  So in original. The semicolon probably should be a comma. 

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Annotated Text Information

August 18, 2014

Telemarketing and Consumer Fraud and Abuse Prevention Act: 15 U.S. Code § 6102 - Telemarketing rules

Telemarketing and Consumer Fraud and Abuse Prevention Act: 15 U.S. Code § 6102 - Telemarketing rules

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mrisch

Professor of Law

Villanova University School of Law

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