Federal Telemarketing Sales Rule – Records

Federal Telemarketing Sales Rule – Records

The Federal Telemarketing Sales Rule requires most sellers and telemarketers to keep certain records for two years. The Rule requires sellers and telemarketers to keep records of:

(1) advertising and promotional materials;

* Sellers and telemarketers must keep at least one copy of all advertisements, brochures, telemarketing scripts, and promotional materials.

(2) prize recipients;

* Sellers and telemarketers must keep records of the names and last known addresses of all prize recipients and the prizes they were awarded if the prize was represented to be worth at least $ 25.

(3) sales;

* The sales records of sellers and telemarketers must include the name and last known address of each buyer, the goods or services purchased, the date the goods were shipped or the services were provided, and the amount the buyer paid for the goods or services. Sellers and telemarketers are not required to keep records of consumer contacts that do not result in a sale.

(4) employees; and

* Sellers and telemarketers must keep records of all current and former employees directly involved in telephone sales. The records must include the name of the employee, any fictitious name used by the employee, the last known address and telephone number of the employee, and the title of the employee.

(5) all verifiable authorizations or records of express informed consents or express agreements.

* Sellers and telemarketers must keep records of all express verifiable authorizations and express consents or agreements required by the Rule.

Copyright 2011 LexisNexis, a division of Reed Elsevier Inc.

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