Telemarketing Sales Rule Fees; Final Rule
16 CFR 310
Effective: October 1, 2021
16 CFR Part 310: Telemarketing Sales Rule Fees; Final Rule Updating Fees Charged to Entities Accessing the National Do Not Call Registry
SUMMARY:
The Federal Trade Commission (the “Commission”) is amending its Telemarketing Sales Rule (“TSR”) by updating the fees charged to entities accessing the National Do Not Call Registry (the “Registry”) as required by the Do-Not-Call Registry Fee Extension Act of 2007.
CITATION:
Electronic Code of Federal Regulations (e-CFR)
Title 16 - Commercial Practices
Chapter I - Federal Trade Commission
Subchapter C - Regulations Under Specific Acts Of Congress
Part 310 - Telemarketing Sales Rule
§ 310.1 Scope of regulations in this part.
§ 310.2 Definitions.
§ 310.3 Deceptive telemarketing acts or practices.
§ 310.4 Abusive telemarketing acts or practices.
§ 310.5 Recordkeeping requirements.
§ 310.6 Exemptions.
§ 310.7 Actions by states and private persons.
§ 310.8 Fee for access to the National Do Not Call Registry.
§ 310.9 Severability.
PART 310—TELEMARKETING SALES RULE
1. The authority citation for part 310 continues to read as follows:
Authority: 15 U.S.C. 6101-6108; 15 U.S.C. 6151-6155.
2. In § 310.8, revise paragraphs (c) and (d) to read as follows:
§ 310.8
Fee for access to the National Do Not Call Registry.
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(c) The annual fee, which must be paid by any person prior to obtaining access to the National Do Not Call Registry, is $69 for each area code of data accessed, up to a maximum of $19,017; provided, however, that there shall be no charge to any person for accessing the first five area codes of data, and provided further, that there shall be no charge to any person engaging in or causing others to engage in outbound telephone calls to consumers and who is accessing area codes of data in the National Do Not Call Registry if the person is permitted to access, but is not required to access, the National Do Not Call Registry under 47 CFR 64.1200, or any other Federal regulation or law. No person may participate in any arrangement to share the cost of accessing the National Do Not Call Registry, including any arrangement with any telemarketer or service provider to divide the costs to access the registry among various clients of that telemarketer or service provider.
(d) Each person who pays, either directly or through another person, the annual fee set forth in paragraph (c) of this section, each person excepted under paragraph (c) of this section from paying the annual fee, and each person excepted from paying an annual fee under § 310.4(b)(1)(iii)(B), will be provided a unique account number that will allow that person to access the registry data for the selected area codes at any time for the twelve month period beginning on the first day of the month in which the person paid the fee (“the annual period”). To obtain access to additional area codes of data during the first six months of the annual period, each person required to pay the fee under paragraph (c) of this section must first pay $69 for each additional area code of data not initially selected. To obtain access to additional area codes of data during the second six months of the annual period, each person required to pay the fee under paragraph (c) of this section must first pay $35 for each additional area code of data not initially selected. The payment of the additional fee will permit the person to access the additional area codes of data for the remainder of the annual period.
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By direction of the Commission.
April J. Tabor,
Secretary.
[FR Doc. 2021-18263 Filed 8-27-21; 8:45 am]
BILLING CODE 6750-01-P
For more information, see here: https://www.federalregister.gov/documents/2021/08/30/2021-18263/telemarketing-sales-rule-fees
AND
https://www.ftc.gov/legal-library/browse/federal-register-notices/16-cfr-part-310-telemarketing-sales-rule-fees-final-rule-updating-fees-charged-entities-accessing-3
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