On December 14, 2015 the changes by the FTC to the TSR were published in the federal register. This means that we now know when the changes will go into effect.
The following changes will go into effect on June 13, 2016:
- Revisions to § 310.4(a) (7)-(10) which include the new rules regarding remotely created payment orders and checks, cash-to-cash money transfers, and cash reload mechanisms.
- Revisions to § 310.6 which limit certain exemptions as they relate to the payment methods described above.
All other changes are effective on February 12, 2016. These include:
- Revisions to § 310.2 that define additional terms.
- Revisions to § 310.3 which require that a description of the goods or services purchased must be included in the tape recording of a consumer’s express verifiable authorization to be charged.
- Revisions to § 310.4 that:
- illustrate the types of burdens that deny or interfere with a consumer’s right to be placed on a seller’s or telemarketer’s entity-specific do-not-call list;
- expressly state that a seller or telemarketer has to demonstrate that it has an existing business relationship with, or has received an express written agreement from, a consumer it calls if the consumer’s number is on the DNC Registry; and
- specify that if a seller or telemarketer does not get the information needed to place a consumer’s number on its entity-specific do-not-call list, the seller or telemarketer is disqualified from the safe harbor for isolated or accidental violations.
- Revisions to § 310.6 that clarify the business-to-business exemption only applies when you are trying to sell goods to the other business, not to individual employees at the business.
- Revisions to § 310.8 that emphasize that sellers are prohibited from sharing the cost of the fees to access the DNC Registry.
