§ 6102. — Telemarketing rules.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 15USC6102]
TITLE 15--COMMERCE AND TRADE
CHAPTER 87--TELEMARKETING AND CONSUMER FRAUD AND ABUSE PREVENTION
Sec. 6102. Telemarketing rules
(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
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\1\ So in original. The semicolon probably should be a comma.
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(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.
(b) Rulemaking
The Commission shall prescribe the rules under subsection (a) of
this section within 365 days after August 16, 1994. Such rules shall be
prescribed in accordance with section 553 of title 5.
(c) Enforcement
Any violation of any rule prescribed under subsection (a) of this
section shall be treated as a violation of a rule under section 57a of
this title regarding unfair or deceptive acts or practices.
(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 section 80a-3(a) of this title.
(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
(Pub. L. 103-297, Sec. 3, Aug. 16, 1994, 108 Stat. 1545; Pub. L. 107-56,
title X, Sec. 1011(b)(1), (2), Oct. 26, 2001, 115 Stat. 396.)
Codification
Section is comprised of section 3 of Pub. L. 103-297. Subsec. (e)(2)
of section 3 of Pub. L. 103-297 enacted section 9b of Title 7,
Agriculture.
Amendments
2001--Subsec. (a)(2). Pub. L. 107-56, Sec. 1011(b)(1), inserted
``which shall include fraudulent charitable solicitations, and'' before
``which may include''.
Subsec. (a)(3)(D). Pub. L. 107-56, Sec. 1011(b)(2), added subpar.
(D).
Section Referred to in Other Sections
This section is referred to in sections 6103, 6104, 6105, 6107, 6108
of this title; title 7 section 9b.
