Telemarketing Regulatory Framework: TCPA, TSR, FCC and FTC
Two coordinated federal regimes govern telemarketing: the FCC enforces the Telephone Consumer Protection Act (TCPA) of 1991, and the FTC enforces the Telemarketing Sales Rule (TSR). Neither regime preempts state law.
How this supports CIPP/US study
Use this lesson to identify the disclosure, workplace or cross-border rule that changes the result in a fact pattern. Continue with the CIPP/US study plan.
U.S. federal and state laws limit how organizations may call individuals for marketing and fundraising. Unlike the tort of Intrusion on seclusion, which requires conduct that would be highly offensive to a reasonable person, telemarketing regulations address milder intrusions and require no such showing.
The FCC and FTC coordinate closely. The FCC issues rules under the TCPA (restricting unsolicited phone and fax advertising, updated in 2012 to address robocalls, and interpreted to cover text messages). The FTC issues the TSR under the Telemarketing and Consumer Fraud and Abuse Prevention Act.
Neither the TSR nor the FCC rules preempt state law. Telemarketers must comply with the federal rules and applicable state laws.
A telemarketer initiates or receives calls to or from consumers; a seller provides or arranges to provide the goods/services. Both must comply. Do not conflate them.
Key terms - quick answers
What is “TCPA”?
What is “TSR”?
What is “FCC”?
What is “FTC”?
Sources and study method
This independent lesson uses active recall, spaced retrieval and scenario practice. Read the full study method.