02-8016. Telemarketing Sales Rule; Notice of 15-Day Extension in Comment Period

AGENCY:

Federal Trade Commission.

ACTION:

Notice of proposed rulemaking; extension of comment period.

SUMMARY:

The Federal Trade Commission (“the Commission” or “FTC”) has extended the comment period by which comments must be submitted concerning the proposed changes to its Telemarketing Sales Rule (“the Rule” or “TSR”). This document informs prospective commenters of the change and sets a new date of April 15, 2002, for the end of the comment period.^[1]

DATES:

Written comments will be received until the close of business on April 15, 2002.

ADDRESSES:

Six paper copies of each paper and/or written comment should be submitted to the Office of the Secretary, Federal Trade Commission, Room 159, 600 Pennsylvania Avenue, NW., Washington, DC 20580. If possible, comments should also be submitted in electronic form. To encourage prompt and efficient review and dissemination of the comments to the public, all comments should also be submitted, if possible, in electronic form, on either a 51/4 or a 31/2 inch computer disk, with a label on the disk stating the name of the commenter and the name and version of the word processing program used to create the document. (Programs based on DOS are preferred. Files from other operating systems should be submitted in ASCII text format to be accepted.) Individual members of the public filing comments need not submit multiple copies or comments in electronic form. Alternatively, the Commission will accept papers and comments submitted to the following email address: [e-mail], provided the content of any papers or comments submitted by email is organized in sequentially numbered paragraphs. All submissions should be identified as “Telemarketing Sales Rule Review—Comment. FTC File No. R411001.”

Papers and written comments will be available for public inspection in accordance with the Freedom of Information Act, 5 U.S.C. 552, and Commission Regulations, 16 CFR 4.9, on normal business days between the hours of 8:30 a.m. and 5 p.m. in Room 130, Federal Trade Commission, 600 Pennsylvania Avenue, NW., Washington, DC 20580. The Commission will make this notice and, to the extent possible, all papers or comments received in response to this notice available to the public through the Internet at the following address: www.ftc.gov.

FOR FURTHER INFORMATION CONTACT:

Catherine Harrington-McBride [phone], email [e-mail]; Karen Leonard [phone], email [e-mail]; or Carole Danielson [phone], email [e-mail], Division of Marketing Practices, Bureau of Consumer Protection, Federal Trade Commission, 600 Pennsylvania Avenue, NW., Washington, DC 20580.

SUPPLEMENTARY INFORMATION:

On January 30, 2002, the Commission published a request for comment on proposed changes to its Telemarketing Sales Rule.^[2] The Telemarketing and Consumer Fraud and Abuse Prevention Act (“the Telemarketing Act” or “the Act”) directed the Commission to promulgate rules to protect consumers from deceptive telemarketing practices and other abusive telemarketing activities. In response to this directive, the Commission adopted the TSR, which requires telemarketers to make specific disclosures of material information; prohibits misrepresentations; sets limits on the times telemarketers may call consumers; prohibits calls to a consumer who has asked not to be called again; and sets payment restrictions for the sale of certain goods and services. The comment period for proposed changes to the TSR is currently scheduled to close on March 29, 2002.

Several stakeholders that participated in the original rulemaking proceeding, in the rule review public workshop, and in the public forum focusing on the Rule's do-not-call provision have expressed concern that there will not be sufficient time before March 29 to complete their responses to the Commission's Request for Comment on the proposed amendments. They have asked that the comment period be extended to enable them to complete their data collection. The Commission is mindful of the need to deal with this matter expeditiously. However, the Commission also is aware that the issues raised are complex and believes that the enhancement of the record that will be achieved by extending the comment period far outweighs any harm that might be caused by the delay.

Therefore, the Commission has decided to extend the comment period to April 15, 2002. This extension will provide sufficient time for commenters to prepare useful comments. This extension will not affect the date of the public forum to discuss the proposed changes to the TSR's provisions, but the Commission has determined to also extend the date by which applications to participate in the forum must be received. Accordingly, the public forum will be held, as originally scheduled, on June 5-7, 2002, and notification of interest in participating in the forum must be submitted in writing, but separate from public comments, on or before April 15, 2002, to Carole I. Danielson, Division of Marketing Practices, Federal Trade Commission, 600 Pennsylvania Avenue, NW., Washington, DC 20580.

List of Subjects in 16 CFR Part 310

• Telemarketing
• Trade practices

Authority: 15 U.S.C. 1601-1608.

By direction of the Commission.

Donald S. Clark,

Secretary.

Footnotes

1.  This document was received at the Office of the Federal Register on March 29, 2002.

2.  67 FR 4492 (January 30, 2002).