There is no question this year has been choked full of regulatory changes across a myriad of channels and markets. One you should be preparing to adhere to recently became effective as of October 15^th just a few weeks ago.  On April 16, 2024, the FTC published amendments, one of which expanded the existing record keeping requirements under the Telemarketing Sales Rule (TSR) for all telemarketing calls (inbound and outbound).  Let’s unravel the new requirements and answer the critical question of who is responsible for this granular record keeping, and how long do you have to maintain these records.

Who is responsible for the record keeping requirements? Seems like an easy question until there is a claim, or a regulator requests your records of compliance.  Your contracts can of course designate the responsible party as either the telemarketer or the seller.  For clarity the seller would be the company offering the actual product or services.  The telemarketer is the company initiating the telemarketing calls on behalf of the seller.  The best practice as the seller is to maintain the records or a copy of the required records under the TSR. Ultimately the seller is responsible.

To ensure continuous compliance, maintain a detailed checklist of all expanded record-keeping requirements. Regularly audit this checklist against your internal practices, coordinating with vendors to verify records and copies of call logs, ensuring that all requirements are consistently met and properly maintained.

[Click here for a checklist of requirements to get you started]

What type of information is required for both Inbound and outbound calls?

Name of Telemarketer who “placed” or “received” the call.

Name of the Seller for which the call was “placed” or “received”

Good/Service or Charitable purpose – subject of the call

Was the call to an Individual Consumer or a Business Consumer?

Was the call an outbound call?

Did the call utilize a prerecorded message?

The Calling Number, the Called Number, Call Date, Call Time & Duration of the Call

Telemarketing Script and/or Prerecorded Message – if any used during the call.

Caller ID Number & Caller ID Name (if transmitted)*

Disposition of the Call- detailed report (connected, dropped, transferred, etc)*

*indicates additional details required

There’s more!  You also need to make sure you keep records for proper consent.

1. Name & Telephone number of the person providing consent
2. Copy of the request for consent. In the same manner & format it was presented to the person providing consent.
3. Purpose for which consent was requested & given
4. Copy of Consent provided
5. Date Consent given
6. Specific documentation to the consent around billing information which is required by other sections of the TSR.

How long do you have to maintain these records?

Companies are now required to maintain records for a period of 5 years from the date they are no longer used in telemarketing. It includes records such as but not limited to.

Scripts, promotional materials, in depth records of telemarketing calls, identity of customers, data regarding the creation of established business relationships and consent, internal do not call, information about employees and contractors involved in telemarketing. 

To learn more about FTC, FCC and State requirements for Telemarketing and Do Not Call compliance contact Nexxa Group.

This content was created for informational purposes only and is not intended as legal advice. Anyone reading this newsletter content should not act upon any of the information herein without consulting an attorney.