What Is Telemarketing Law?

Telemarketing Law

The field of telemarketing law covers U.S. legislation, federal agency regulations, and state statutes that determine how telemarketers can contact consumers and businesses by phone or text message. The Telephone Consumer Protection Act (TCPA) and Telemarketing Sales Rule (TSR) restrict telemarketing calls, automatic phone dialing, and prerecorded messages. TCPA also requires telemarketers to obtain consumers’ signed written consent before robocalling or robotexting them.

Who Enforces Telemarketing Laws in the U.S.?

U.S. telemarketing law is enforced by the Federal Communications Commission, the Federal Trade Commission (FTC), and the Department of Justice. Telemarketers must:

• Call no earlier than 8 a.m. and no later than 9 p.m.;
• Promptly identify their organization and the reason for the call, such as sales;
• Honestly and promptly disclose information about the goods or services being offered; and
• Follow payment processing rules

The FTC’s TSR established the National Do Not Call Registry for cell phones and land lines. Companies have a responsibility to be informed about the telemarketing rules that apply to their business and location.