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Although tax exempt non-profit charities that conduct their own telemarketing are not covered by the TSR, the USA PATRIOT Act, passed in 2001, brought charitable solicitations by for-profit telemarketers within the scope of the TSR.As a result, most of the TSR’s provisions now are applicable to “telefunders” — telemarketers who solicit charitable contributions on behalf of non-profit charities.Whether the Mc Carran-Ferguson exemption removes insurance-related telemarketing from coverage of the TSR depends on the extent to which state law regulates insurance telemarketing.

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If your telemarketing campaigns involve any calls across state lines — whether you make outbound calls or receive calls in response to advertising — you may be subject to the TSR’s provisions.

The Federal Communications Commission (FCC) enforces the Telephone Consumer Protection Act (TCPA), which also regulates telemarketing.

These include: Any call from a consumer that is not placed in response to a solicitation by the seller, charitable organization, or telemarketer is exempt from coverage.

Because the consumer initiates the call without any inducement from the seller or telemarketer, the call is not considered part of a telemarketing plan, program, or campaign conducted to sell goods or services or to induce a charitable contribution.

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If your business or organization uses telemarketing, this in-depth guide is a “must read.” Review the dos and don’ts to make sure you’re up on the law, including the ban on most prerecorded robocalls. Penalties for Violating the Rule Your Opportunity to Comment The Federal Trade Commission (FTC) amended the Telemarketing Sales Rule (TSR) in 2003, 2008, 20.

This guide describes the types of organizations and activities that are subject to the TSR and explains how to comply.

Certain key provisions: All of these amendments are explained in this guide.

The following sections explain the coverage of the Rule and the exemptions.

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