95-3538. Application to Office of Management and Budget for Clearance of Information Collection Requirements Contained in Proposed Telemarketing Sales Rule

[Federal Register Volume 60, Number 30 (Tuesday, February 14, 1995)]
[Notices]
[Pages 8388-8389]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-3538]



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FEDERAL TRADE COMMISSION


Application to Office of Management and Budget for Clearance of 
Information Collection Requirements Contained in Proposed Telemarketing 
Sales Rule

AGENCY: Federal Trade Commission (``FTC'').

ACTION: Notice of application to the Office of Management and Budget 
(``OMB'') under the Paperwork Reduction Act (44 U.S.C. 3501 et seq.) 
for clearance of information collection requirements contained in a 
proposed trade regulation rule pursuant to the Telemarketing and 
Consumer Fraud and Abuse Prevention Act.

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SUMMARY: The FTC is seeking OMB clearance for information collection 
requirements contained in proposed regulations implementing the 
Telemarketing and Consumer Fraud and Abuse Prevention Act, 15 U.S.C. 
6101-6108 (``Telemarketing Act'' or ``the Act'').
    The Telemarketing Act requires the Commission to issue a rule 
prohibiting deceptive and abusive telemarketing acts and practices. 
Section 3(a)(1). In accordance with the statutory directive, the 
Commission is proposing a rule that prohibits various 
misrepresentations and other deceptive and abusive acts and practices 
and that imposes various disclosure and recordkeeping requirements on 
affected entities.
    Specifically, the proposed rule requires that affected entities 
retain certain records for a two-year period. These records include 
advertising, [[Page 8389]] promotional materials, and telemarketing 
scripts; information regarding prize recipients and prizes; sales 
information; information regarding employees directly involved in 
telephone sales; and written notices, disclosures and acknowledgements 
required under the proposed rule. These records would be available for 
inspection by Commission staff, by other government law enforcement 
personnel, and by private litigants to determine compliance with the 
rule.
    Absent the recordkeeping requirements, Commission staff believes 
that this is the type of information that would be retained by these 
entities in any event during the normal course of business because this 
information would be useful in resolving private, non-governmental 
inquiries and disputes. The definition of ``burden'' for OMB purposes 
excludes any effort that would be expended regardless of a regulatory 
requirement. 5 C.F.R. Sec. 1320.7(b)(1). Thus, the only burden would be 
for retaining the records for an additional period of time.
    Currently, staff is estimating that 40,000 entities will be 
affected and that it will take each affected entity one hour per year 
to retain these documents for an additional period of time. Thus, the 
total burden for the proposed rule is estimated at 40,000 hours (1 hour 
per year times 40,000 industry members). However, staff is seeking 
comments, particularly quantitative estimates, about the amount of time 
it would take to comply with these requirements, and the comments may 
result in a change in the estimated burden hours. The basis for this 
estimate is described in more detail in the Supporting Statement 
submitted with the Request for OMB Review.

DATES: Comments on this application must be submitted on or before 
March 31, 1995.

ADDRESSES: Send comments both to Office of Information and Regulatory 
Affairs, Office of Management and Budget, New Executive Office 
Building, Room 3228, Washington, DC 20503, ATN: Desk Officer for the 
Federal Trade Commission, and to the Office of the Secretary, Room 159, 
Federal Trade Commission, Washington, DC 20580. Copies of the 
submission to OMB may be obtained from the Public Reference Section, 
Room 130, Federal Trade Commission, Washington, DC 20580.

FOR FURTHER INFORMATION CONTACT: David M. Torok, Attorney, Bureau of 
Consumer Protection, Division of Marketing Practices, Federal Trade 
Commission, Washington, DC 20580, [phone].
Donald S. Clark,
Secretary.
[FR Doc. 95-3538 Filed 2-13-95; 8:45 am]
BILLING CODE 6750-01-M