The FTC Telemarketing Sales Rule for outbound calling

See also

Sources

1. 1
   FTC compliance guidance states that the three percent abandonment rate is measured per calling campaign and that simultaneous campaigns cannot be averaged together.

   Complying with the Telemarketing Sales Rule · section 'Call Abandonment and Safe Harbor' · Checked 2026-10-14
2. 2
   The TSR abandonment safe harbor requires that whenever no sales representative is available within two seconds of the completed greeting, a recorded message promptly states the seller's name and telephone number.

   16 CFR Part 310 - Telemarketing Sales Rule (eCFR current text) · 16 CFR 310.4(b)(4)(iii) · Checked 2026-10-14
3. 3
   To use the TSR abandonment safe harbor, the seller or telemarketer must let each unanswered call ring for at least fifteen seconds or four rings before disconnecting.

   16 CFR Part 310 - Telemarketing Sales Rule (eCFR current text) · 16 CFR 310.4(b)(4)(ii) · Checked 2026-10-14
4. 4
   The TSR abandonment safe harbor is available only if the seller or telemarketer keeps records establishing compliance in accordance with 16 CFR 310.5(b)-(d).

   16 CFR Part 310 - Telemarketing Sales Rule (eCFR current text) · 16 CFR 310.4(b)(4)(iv) · Checked 2026-10-14
5. 5
   The TSR abandonment safe harbor requires abandoned calls to be no more than three percent of all calls answered by a person, measured over the campaign if it runs under 30 days or separately over each successive 30-day period.

   16 CFR Part 310 - Telemarketing Sales Rule (eCFR current text) · 16 CFR 310.4(b)(4)(i) · Checked 2026-10-14
6. 6
   Because the TSR and FCC abandonment rules share the two-second, three-percent and 15-second-or-four-ring thresholds, a dialer tuned to those numbers addresses both, but the TSR also counts a campaign shorter than 30 days on its own, so measurement windows should be configured per campaign.inferred

   16 CFR Part 310 - Telemarketing Sales Rule (eCFR current text) · 16 CFR 310.4(b)(4)(i)-(iii) compared with 47 CFR 64.1200(a)(6)-(7) · Checked 2026-10-14
7. 7
   Under the TSR an outbound telephone call is abandoned if a person answers and the telemarketer does not connect the call to a sales representative within two seconds of the person's completed greeting.

   16 CFR Part 310 - Telemarketing Sales Rule (eCFR current text) · 16 CFR 310.4(b)(1)(iv) · Checked 2026-10-14
8. 8
   Calls between a telemarketer and a business remain largely exempt from the TSR but are subject to the misrepresentation and false-statement prohibitions in 16 CFR 310.3(a)(2) and (a)(4).

   16 CFR Part 310 - Telemarketing Sales Rule (eCFR current text) · 16 CFR 310.6(b)(7) · Checked 2026-10-14
9. 9
   The 2024 TSR rulemaking did not propose applying the Do Not Call Registry, registry fee access or recordkeeping provisions to business-to-business telemarketing.

   Telemarketing Sales Rule (final rule) 89 FR 26760 Apr. 16 2024 FR Doc. 2024-07180 · 89 FR 26760, Section II.B and note 69 · Checked 2026-10-14
10. 10
    FTC compliance guidance states that failing to transmit caller ID information is a TSR violation, while isolated inadvertent transmission failures are excused if the telemarketer took all available steps to transmit it.

    Complying with the Telemarketing Sales Rule · section 'Transmitting Caller ID Information' · Checked 2026-10-14
11. 11
    The TSR permits the seller's or charitable organization's name and a customer or donor service telephone number to be substituted for the telemarketer's caller ID information, provided that number is answered during regular business hours.

    16 CFR Part 310 - Telemarketing Sales Rule (eCFR current text) · 16 CFR 310.4(a)(8) · Checked 2026-10-14
12. 12
    The TSR requires sellers and telemarketers to transmit to any caller identification service the telephone number and, when made available by the carrier, the name of the telemarketer.

    16 CFR Part 310 - Telemarketing Sales Rule (eCFR current text) · 16 CFR 310.4(a)(8) · Checked 2026-10-14
13. 13
    Without the person's prior consent, the TSR prohibits telemarketing calls to a person's residence before 8:00 a.m. or after 9:00 p.m. local time at the called person's location.

    16 CFR Part 310 - Telemarketing Sales Rule (eCFR current text) · 16 CFR 310.4(c) · Checked 2026-10-14
14. 14
    The April 2024 TSR amendments took effect on May 16, 2024, but compliance with the call detail record requirement in 16 CFR 310.5(a)(2) was not required until October 15, 2024.

    Telemarketing Sales Rule (final rule) 89 FR 26760 Apr. 16 2024 FR Doc. 2024-07180 · 89 FR 26760, DATES · Checked 2026-10-14
15. 15
    Under 16 CFR 310.5(d), failures to keep required call detail records are not violations if they are temporary, inadvertent, and corrected within 30 days of discovery.

    16 CFR Part 310 - Telemarketing Sales Rule (eCFR current text) · 16 CFR 310.5(d) · Checked 2026-10-14
16. 16
    The 2024 TSR final rule exempts calls placed by an individual manually entering a single telephone number from certain call detail record fields.

    Telemarketing Sales Rule (final rule) 89 FR 26760 Apr. 16 2024 FR Doc. 2024-07180 · 89 FR 26760, Section III.A.2 · Checked 2026-10-14
17. 17
    16 CFR 310.5(a)(2) requires call detail records for each telemarketing call including the calling and called numbers, date, time and duration, whether the call was outbound, whether a prerecorded message was used, the script or message used, caller ID transmitted, and call disposition.

    16 CFR Part 310 - Telemarketing Sales Rule (eCFR current text) · 16 CFR 310.5(a)(2) · Checked 2026-10-14
18. 18
    16 CFR 310.5(b) requires call duration to be recorded to the closest second and call time to be kept in Coordinated Universal Time (UTC).

    16 CFR Part 310 - Telemarketing Sales Rule (eCFR current text) · 16 CFR 310.5(b) · Checked 2026-10-14
19. 19
    16 CFR 1.98(d) sets the maximum civil penalty for violations under section 5(m)(1)(A) of the FTC Act at $53,088, as adjusted at 90 FR 5581 on January 17, 2025.

    16 CFR 1.98 - Adjustment of civil monetary penalty amounts · 16 CFR 1.98(d) · Checked 2026-10-14
20. 20
    FTC guidance states that do-not-call violators may be fined up to $53,088 per violation and that each call may be considered a separate violation.

    Q&A for Telemarketers & Sellers About DNC Provisions in TSR · Q60 · Checked 2026-10-14
21. 21
    The TSR prohibits initiating an outbound telephone call to a person who has previously stated that they do not wish to receive calls made by or on behalf of that seller or charitable organization.

    16 CFR Part 310 - Telemarketing Sales Rule (eCFR current text) · 16 CFR 310.4(b)(1)(iii)(A) · Checked 2026-10-14
22. 22
    The first five area codes of National Do Not Call Registry data are available at no charge, and exempt organizations may obtain the entire list free.

    FTC Announces 2027 Telemarketer Fees to Access the National Do Not Call Registry · press release, free access paragraph · Checked 2026-10-14
23. 23
    For FY2026 (October 1, 2025 to September 30, 2026) the National Do Not Call Registry fee was $82 per area code, with a $22,626 maximum and $41 for a half-year additional area code.

    Telemarketer Fees to Access the FTC's National Do Not Call Registry to Increase in 2026 · press release, fee paragraphs · Checked 2026-10-14
24. 24
    For FY2027, effective October 1, 2026, the National Do Not Call Registry access fee is $85 per area code, with a maximum of $23,425 for all area codes.

    FTC Announces 2027 Telemarketer Fees to Access the National Do Not Call Registry · press release, fee paragraphs · Checked 2026-10-14
25. 25
    For FY2027 an additional area code accessed in the second six months of the annual subscription period costs $43, while one added in the first six months costs the full $85.

    16 CFR Part 310 - Telemarketing Sales Rule (eCFR current text) · 16 CFR 310.8(c) · Checked 2026-10-14
26. 26
    16 CFR 310.8 prohibits sharing the cost of National Do Not Call Registry access fees among clients.

    16 CFR Part 310 - Telemarketing Sales Rule (eCFR current text) · 16 CFR 310.8 · Checked 2026-10-14
27. 27
    The TSR prohibits outbound calls to numbers on the National Do Not Call Registry unless the seller has the person's signed express written agreement to be called at that number or has an established business relationship with a person who has not asked to stop calls.

    16 CFR Part 310 - Telemarketing Sales Rule (eCFR current text) · 16 CFR 310.4(b)(1)(iii)(B) · Checked 2026-10-14
28. 28
    The TSR do-not-call safe harbor requires the seller or telemarketer to use a version of the National Do Not Call Registry obtained no more than 31 days before the date any call is made.

    16 CFR Part 310 - Telemarketing Sales Rule (eCFR current text) · 16 CFR 310.4(b)(3) · Checked 2026-10-14
29. 29
    The TSR do-not-call safe harbor also requires written compliance procedures, personnel training on them, a maintained internal do-not-call list, and monitoring and enforcement, with any violating call being the result of error.

    16 CFR Part 310 - Telemarketing Sales Rule (eCFR current text) · 16 CFR 310.4(b)(3) · Checked 2026-10-14
30. 30
    The TSR defines an established business relationship as one based on a purchase or financial transaction within the 540 days immediately preceding the call, or an inquiry or application within the 90 days immediately preceding the call.

    16 CFR Part 310 - Telemarketing Sales Rule (eCFR current text) · 16 CFR 310.2, definition of 'Established business relationship' (paragraph (q) as extracted) · Checked 2026-10-14
31. 31
    FTC guidance states that the FCC enforces the TCPA and regulates both intrastate and interstate telemarketing, while the TSR covers interstate telemarketing.

    Complying with the Telemarketing Sales Rule · section 'Introduction' / 'Who Must Comply with the TSR?' · Checked 2026-10-14
32. 32
    The FTC business guide 'Complying with the Telemarketing Sales Rule' states that TSR records must be maintained for two years from the date the record is produced, which conflicts with the five-year period in current 16 CFR 310.5.disputed

    Complying with the Telemarketing Sales Rule · section 'Recordkeeping Requirements' · Checked 2026-10-14
33. 33
    Calls initiated by a customer in response to an advertisement or direct mail solicitation are generally exempt from the TSR, except for listed categories such as investment opportunities, debt relief services, technical support services and certain business opportunities.

    16 CFR Part 310 - Telemarketing Sales Rule (eCFR current text) · 16 CFR 310.6(b)(5)-(6) · Checked 2026-10-14
34. 34
    A December 2024 FTC final rule, effective January 9, 2025, extended the TSR to inbound calls made in response to advertisements or direct mail offering technical support products or services.

    Telemarketing Sales Rule (final rule; inbound technical support calls) 89 FR 99069 Dec. 10 2024 FR Doc. 2024-28399 · 89 FR 99069, DATES and SUMMARY · Checked 2026-10-14
35. 35
    In an outbound sales call the TSR requires the telemarketer to disclose promptly and clearly the identity of the seller, that the purpose of the call is to sell goods or services, and the nature of those goods or services.

    16 CFR Part 310 - Telemarketing Sales Rule (eCFR current text) · 16 CFR 310.4(d)(1)-(3) · Checked 2026-10-14
36. 36
    The TSR prerecorded-message prohibition does not apply to prerecorded healthcare messages delivered by or on behalf of a HIPAA covered entity or its business associate.

    16 CFR Part 310 - Telemarketing Sales Rule (eCFR current text) · 16 CFR 310.4(b)(1)(v) · Checked 2026-10-14
37. 37
    Permitted TSR prerecorded sales calls must offer an automated opt-out that adds the number to the seller's do-not-call list and disconnects immediately, and when the call reaches an answering machine the message must give a toll-free opt-out number that stays available for the campaign.

    16 CFR Part 310 - Telemarketing Sales Rule (eCFR current text) · 16 CFR 310.4(b)(1)(v)(A)-(B) · Checked 2026-10-14
38. 38
    The TSR generally prohibits outbound sales calls that deliver a prerecorded message unless the seller has obtained the person's express signed written agreement, given after clear disclosure, not required as a condition of purchase, and including the person's telephone number and signature.

    16 CFR Part 310 - Telemarketing Sales Rule (eCFR current text) · 16 CFR 310.4(b)(1)(v)(A) · Checked 2026-10-14
39. 39
    The TSR defines a previous donor as a person who donated to the charitable organization within the preceding two years, a definition added by the April 2024 final rule to limit charity prerecorded calls.

    Telemarketing Sales Rule (final rule) 89 FR 26760 Apr. 16 2024 FR Doc. 2024-07180 · 89 FR 26760, Sections I and II.C · Checked 2026-10-14
40. 40
    A private action under the Telemarketing Act must be brought within 3 years after discovery of the violation.

    15 U.S.C. Chapter 87 - Telemarketing and Consumer Fraud and Abuse Prevention (2023 edition) · 15 U.S.C. 6104(a) · Checked 2026-10-14
41. 41
    A private person adversely affected by a TSR-violating pattern or practice may sue in federal district court only if the amount in controversy exceeds $50,000 in actual damages for each person adversely affected.

    15 U.S.C. Chapter 87 - Telemarketing and Consumer Fraud and Abuse Prevention (2023 edition) · 15 U.S.C. 6104(a) · Checked 2026-10-14
42. 42
    When a prize promotion is offered, the TSR requires disclosure that no purchase or payment is required to win and that a purchase will not improve the chances of winning, made before or together with the description of the prize.

    16 CFR Part 310 - Telemarketing Sales Rule (eCFR current text) · 16 CFR 310.4(d)(4) · Checked 2026-10-14
43. 43
    Current 16 CFR 310.5 requires TSR records to be kept for five years from the date the record is made unless the section specifies otherwise.

    16 CFR Part 310 - Telemarketing Sales Rule (eCFR current text) · 16 CFR 310.5(a) · Checked 2026-10-14
44. 44
    Under 16 CFR 310.5, scripts, advertising materials and prerecorded messages are kept for five years from the date they are no longer in use, and service-provider contracts for five years from expiration.

    16 CFR Part 310 - Telemarketing Sales Rule (eCFR current text) · 16 CFR 310.5(a)(1) and (a)(9) · Checked 2026-10-14
45. 45
    A National Do Not Call Registry subscription expires twelve months after its Subscription Start Date, and the Subscription Account Number expires with it.

    Q&A for Telemarketers & Sellers About DNC Provisions in TSR · Q28 and Q34 · Checked 2026-10-14
46. 46
    The FTC's April 2024 TSR final rule lengthened the general record retention period from two years to five years.

    Telemarketing Sales Rule (final rule) 89 FR 26760 Apr. 16 2024 FR Doc. 2024-07180 · 89 FR 26760, Section II.A · Checked 2026-10-14
47. 47
    A state attorney general may sue as parens patriae in federal district court over a pattern or practice of telemarketing that violates the TSR, after giving the FTC prior written notice and a copy of the complaint where feasible.

    15 U.S.C. Chapter 87 - Telemarketing and Consumer Fraud and Abuse Prevention (2023 edition) · 15 U.S.C. 6103(a)-(b) · Checked 2026-10-14
48. 48
    The FCC's parallel rule limits abandoned telemarketing calls to three percent of calls answered live by a person, measured over a 30-day period for a single calling campaign, using the same two-second completed-greeting test.

    47 CFR 64.1200 Delivery restrictions · 47 CFR 64.1200(a)(7) · Checked 2026-10-14
49. 49
    Under the FCC rule, a company-specific do-not-call request must be honored within a reasonable time not exceeding ten business days from receipt.

    47 CFR 64.1200 Delivery restrictions · 47 CFR 64.1200(d)(3) · Checked 2026-10-14
50. 50
    Under the FCC rule, a company-specific do-not-call request must be honored for 5 years from the time the request is made.

    47 CFR 64.1200 Delivery restrictions · 47 CFR 64.1200(d)(6) · Checked 2026-10-14
51. 51
    16 CFR 310.2(gg) defines technical support service as a plan, program, software or service marketed to repair, maintain or improve the performance or security of a device on which code can be run, including software run on it, and excludes arrangements where the provider takes physical possession of the device.

    Telemarketing Sales Rule (final rule; inbound technical support calls) 89 FR 99069 Dec. 10 2024 FR Doc. 2024-28399 · 89 FR 99069, regulatory text amending 16 CFR 310.2(gg) · Checked 2026-10-14
52. 52
    A telemarketer may access the National Do Not Call Registry directly or through its seller-client's Subscription Account Number, in which case access is limited to the client's area codes and carries no separate fee.

    Q&A for Telemarketers & Sellers About DNC Provisions in TSR · Q47 (see also Q21 and Q36) · Checked 2026-10-14
53. 53
    Both the Telemarketing Act and the TSR define telemarketing as a plan, program or campaign using telephones to induce purchases or charitable contributions that involves more than one interstate telephone call.

    16 CFR Part 310 - Telemarketing Sales Rule (eCFR current text) · 16 CFR 310.2, definition of 'Telemarketing' · Checked 2026-10-14
54. 54
    The TSR inbound-call exemptions do not apply to upselling, which remains covered.

    16 CFR Part 310 - Telemarketing Sales Rule (eCFR current text) · 16 CFR 310.6(b)(4)-(6) · Checked 2026-10-14
55. 55
    Under the 2024 TSR recordkeeping amendments, a record of consent given verbally must include a recording of that consent.

    Telemarketing Sales Rule (final rule) 89 FR 26760 Apr. 16 2024 FR Doc. 2024-07180 · 89 FR 26760, Section III introduction and Section III.A.6 · Checked 2026-10-14
56. 56
    The Telemarketing Act treats a violation of the TSR as a violation of an FTC rule on unfair or deceptive acts or practices under 15 U.S.C. 57a.

    15 U.S.C. Chapter 87 - Telemarketing and Consumer Fraud and Abuse Prevention (2023 edition) · 15 U.S.C. 6102(c)(1) · Checked 2026-10-14

Documents

Cite this page

WarmTransfer. (2026, October 14). The FTC Telemarketing Sales Rule for outbound calling. WarmTransfer. https://warmtransfer.net/knowledge/ftc-telemarketing-sales-rule

@misc{warmtransfer-ftc-telemarketing-sales-rule,
  title  = {The FTC Telemarketing Sales Rule for outbound calling},
  author = {{WarmTransfer}},
  year   = {2026},
  url    = {https://warmtransfer.net/knowledge/ftc-telemarketing-sales-rule},
  note   = {Verified 2026-10-14}
}