United States of America: Issued FTC final rule amending Telemarketing Sales Rule (TSR)

On 7 March 2024, the Federal Trade Commission (FTC) issued a final rule extending protections against telemarketing fraud to businesses and updating the rule's recordkeeping requirements in response to advancements in technology and changes in the marketplace. The final rule establishes that deceptive and abusive practices in all business-to-business calls are prohibited, introducing updates to the Telemarketing Sales Rule's (TSR) recordkeeping obligations. These modifications encompass new recordkeeping requirements for call detail records and their corresponding safe harbour, records of consent, records of compliance with the Do Not Call (DNC) Registry, and the provision allowing sellers and telemarketers to allocate responsibility for recordkeeping. Furthermore, the rule's restrictions apply to automated calls employing voice replication technology.