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Telemarketing Sales Rule Fees Should Additionally Be Submitted To: from Calling Consumers Who Have AGENCY: Federal Trade Commission

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Telemarketing Sales Rule Fees Should Additionally Be Submitted To: from Calling Consumers Who Have AGENCY: Federal Trade Commission 16238 Federal Register / Vol. 68, No. 64 / Thursday, April 3, 2003 / Proposed Rules FEDERAL TRADE COMMISSION through the Internet at the following compliance with the do-not-call address: http://www.ftc.gov. provisions of the Amended TSR is 16 CFR Part 310 Comments on proposed revisions required, on October 1, 2003, bearing on the Paperwork Reduction Act telemarketers will be required to refrain Telemarketing Sales Rule Fees should additionally be submitted to: from calling consumers who have AGENCY: Federal Trade Commission. Office of Information and Regulatory placed their numbers on this registry. 16 Affairs, Office of Management and CFR 310.4(b)(1)(iii)(B). To ensure ACTION: Revised notice of proposed Budget, New Executive Office Building, compliance with this requirement, rulemaking and request for public Room 10102, Washington, DC 20503, telemarketers will be required to access comment. ATTN.: Desk Officer for the Federal the national registry at least once every Trade Commission, as well as to the three months in order to remove from SUMMARY: The Federal Trade FTC Secretary at the address above. their telemarketing lists those Commission (the ‘‘Commission’’ or consumers who have placed their ‘‘FTC’’) is issuing a Revised Notice of FOR FURTHER INFORMATION CONTACT: telephone numbers on the national Proposed Rulemaking (‘‘Revised Fee David M. Torok, (202) 326–3075, registry. 16 CFR 310.4(b)(3)(iv). When it NPRM’’) to amend the FTC’s Division of Marketing Practices, Bureau issued the Amended TSR, the Telemarketing Sales Rule (‘‘TSR’’) by of Consumer Protection, Federal Trade Commission reserved its decision on the adding a new section that would impose Commission, 600 Pennsylvania Avenue, issues raised in the User Fee NPRM, fees on entities accessing the national NW, Washington, DC 20580. stating that it would issue a revised do-not-call registry. This Revised Fee SUPPLEMENTARY INFORMATION: Notice of Proposed Rulemaking to seek NPRM invites written comments on the Background further comment on the issues raised in issues raised by the proposed changes, that proceeding. See 68 FR 4580, 4640 and seeks answers to the specific On January 30, 2002, the FTC n. 716. questions set forth in Section X. published a Notice of Proposed On February 20, 2003, the President The Commission is also announcing Rulemaking to amend the FTC’s TSR signed into law the Consolidated that full compliance with and to request public comment on the Appropriations Resolution of 2003, § 310.4(b)(1)(iii)(B), the ‘‘do-not-call’’ proposed changes. 67 FR 4492 (Jan. 30, Public Law 108–7 (2003) (‘‘the registry provision of the Amended TSR, 2002) (‘‘the Rule NPRM’’). Among other Appropriations Act’’), which will be required on October 1, 2003. provisions, the Rule NPRM proposed to establish a national do-not-call registry, appropriated funds for the operation of DATES: Written comments will be to be maintained by the FTC, that would the FTC during fiscal year 2003. In the accepted until May 1, 2003. Time is of permit consumers who prefer not to same Act, Congress also authorized the the essence to promulgate the proposed receive telemarketing calls to contact agency to collect fees sufficient to fees. Thus, the Commission does not one centralized registry to effectuate this implement and enforce the do-not-call anticipate providing any extension to preference. On May 29, 2002, the FTC provisions of the TSR. Congress further this comment period. published another Notice of Proposed estimated the costs for fiscal year 2003 ADDRESSES: The Commission Rulemaking to further amend the TSR at $18,100,000. Id. at Division B, Title encourages comments to be submitted by imposing user fees on sellers and II. See also The Do-Not-Call electronically to the following e-mail telemarketers for their access to the Implementation Act, Public Law 108–10 address: [email protected]. Alternatively, proposed national do-not-call registry. (2003) (‘‘the Implementation Act’’) at commenters may submit an original 67 FR 37362 (May 29, 2002) (‘‘the User section 2. Pursuant to the plus two paper copies of their Fee NPRM’’). In issuing the User Fee Appropriations Act and the comments to the Office of the Secretary, NPRM, the Commission was guided by Implementation Act, as well as the Room 159, Federal Trade Commission, the Independent Offices Appropriations Telemarketing Fraud and Abuse 600 Pennsylvania Avenue, NW, Act of 1952, 31 U.S.C. 9701, and the Prevention Act, 15 U.S.C. 6101–08 (‘‘the Washington, DC 20580. To encourage Office of Management and Budget Telemarketing Act’’), the FTC is issuing prompt and efficient review and Circular No. A–25. The Commission this Revised Fee NPRM.2 dissemination of the comments to the received 34 comments submitted in public, all paper comments should also response to the User Fee NPRM.1 2 Many commenters to the User Fee NPRM be submitted, if possible, in electronic The Commission issued final claimed that the FTC lacked the authority to impose a user fee based on the Independent Offices form, on a 31⁄2 inch computer disk, with amendments to the TSR on December Appropriations Act of 1952. See, e.g., ABA-User Fee a label on the disk stating the name of 18, 2002. 68 FR 4580 (Jan. 29, 2003). at 1–3; Ameriquest-User Fee at 1–5; Discover-User the commenter and the name and Among the changes made to the TSR, Fee at 1–4; DMA-User Fee at 1–7 (‘‘If the FTC wants version of the word processing program the Commission adopted the proposal to to collect fees for its regulation of non-deceptive used to create the document. (Programs and non-abusive telemarketing, it must obtain establish a national do-not-call registry, approval from Congress to do so’’). DMA’s should be submitted in ASCII text permitting consumers to register, via comments were supported by ERA, PMA, and MPA. format to be accepted.) Individual either a toll-free telephone number or Other commenters suggested that consumers should members of the public filing comments the Internet, their preference not to be charged the fee necessary to implement the need not submit multiple copies or national registry. See, e.g., ARDA-User Fee at 1–4; receive telemarketing calls. When full ATA-User Fee at 3–6; Idaho Realtors-User Fee at 1– comments in electronic form. 2; Infocision-User Fee at 4; ITC-User Fee at 3–5; All comments and any electronic 1 A list of commenters to the User Fee NPRM and MBNA-User Fee at 3; NEMA-User Fee at 2–3; SBC- versions (i.e., computer disks) should be the Rule NPRM, and the acronyms used to identify User Fee at 2–5. But see NASUCA-User Fee at 2; those entities, was included in Attachment B to the NCL-User Fee at 1; TRA-User Fee at 3. Still other identified as ‘‘Telemarketing Statement of Basis and Purpose for the commenters suggested that the User Fee NPRM was Rulemaking—Revised Fee NPRM Amendments to the TSR, 68 FR 4677–78 (Jan. 29, premature, and that they had insufficient Comment. FTC File No. R411001.’’ The 2003) (‘‘TSR SBP’’). Comments submitted in information available to properly comment on the Commission will make this NPRM and, response to the User Fee NPRM will be cited in this proposal. See, e.g., CBA-User Fee at 1; Household- Notice as ‘‘[Name of Commenter]-User Fee at [page User Fee at 3; MasterCard-User Fee at 1–3. With the to the extent possible, all comments number].’’ Comments submitted in response to the passage of the Appropriations Act, the received in electronic form in response Rule NPRM will be cited as ‘‘[Name of commenter]- Implementation Act, and the Amended TSR, these to this NPRM, available to the public Rule NPRM at [page number].’’ comments are moot. VerDate Jan<31>2003 17:16 Apr 02, 2003 Jkt 200001 PO 00000 Frm 00022 Fmt 4702 Sfmt 4702 E:\FR\FM\03APP1.SGM 03APP1 Federal Register / Vol. 68, No. 64 / Thursday, April 3, 2003 / Proposed Rules 16239 II. Access to the Do-Not-Call Registry by list brokers and others. At the same purchase access to the national registry time, the Commission agrees with the many times over.12 As one commenter A. Entities That Are Allowed Access comment of NASUCA that the stated, a ‘‘seller who uses only one In the User Fee NPRM, the information in the national registry telemarketer all year for nationwide Commission proposed limiting access to should be used for no other purpose telemarketing campaigns should not be the national do-not-call registry to than to stop unwanted telemarketing more favorably treated than another telemarketers in order to maintain the calls.8 As a result, the Commission now who uses several telemarketers to security of the information included in proposes, at Section 310.8(e), to allow conduct similar campaigns.’’13 Other the registry.3 In addition, because the access to the national registry by commenters maintained that proposed amendments to the TSR telemarketers, sellers, others engaged in telemarketers calling on behalf of prohibited the use of information in the or causing others to engage in telephone multiple clients ‘‘should pay only one national registry for any purpose other calls for commercial purposes, and user fee and not a fee for every client on than compliance with the do-not-call service providers acting on behalf of whose behalf they perform this provisions of the Proposed Rule, the such persons.9 Prior to gaining such service.’’14 On the other hand, NCL Commission believed that only access, a person would be required to commented that if list brokers are telemarketers would need to access that certify, under penalty of law, that the allowed access to the registry, their information.
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