FTC Final Rule Introduces More Recordkeeping Requirements and Extends Coverage to B2B Telemarketing Calls

The Federal Trade Commission (FTC) announced final updates to the Telemarketing Sales Rule (TSR), that extend telemarketing fraud protections to businesses and introduce new requirements for record keeping.

Samuel Levine, Director of the FTC’s Bureau of Consumer Protection, states that, “the changes provide important new protections for small business and will help ensure that the FTC can take action against deceptive marketers who use AI robocalls and other emerging technology.”

Under the final rule telemarketers are required to maintain detailed records for every call that include:

1. The telemarketer’s name
2. The seller on whose behalf the call is made
3. The subject of the call (product, service, or charitable purpose)
4. Identification of whether the call is to an individual or business consumer
5. Whether it’s an outbound call
6. Usage of prerecorded messages
7. Call details: calling number, called number, date, time, and duration
8. Telemarketing script or prerecorded message used
9. Caller ID information and authorization proof for using the telephone number
10. Call disposition (e.g., connected, dropped, transferred)

The FTC has granted a 180-day grace period after the publication of the updated rule for businesses to adjust their practices and systems to meet the new standards.

The FTC also gave a notice of proposed rulemaking that would expand the TSR’s coverage to include inbound telemarketing calls relating to technical support services.

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