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Telemarketing Sales Rule

What are the DNC provisions of the TSR?

The Do Not Call (DNC) provisions of the Telemarketing Sales Rule (TSR) are as follows:

Internal Do Not Call List Requirements
The internal DNC list refers to the Entity-Specific Do Not Call Provision. This provision mandates that telemarketers keep and maintain their own do not call list, specific to their organization. When a consumer asks to be put on your do not call list, you should honor that request immediately.

What is a predictive dialer?

A predictive dialer system operates from a list of phone numbers, automatically dials multiple numbers simultaneously and directs the calls to live agents based on predictions about when the agent will likely be available to handle the call. If the consumer answers, the system directs them to an agent. If the agent is unavailable, it often drops the call.

The Telemarketing Sales Rule (TSR) has a safe harbor provision specifically designed for predictive dialers that allows for a 3% call abandonment rate.

Is there a call abandonment safe harbor?

The Telemarketing Sales Rule (TSR) safe harbor has a 3% call abandonment rule. Under the TSR, it is illegal for telemarketers to abandon any outbound call—with an abandoned call being defined as a call that does not connect the consumer to a sales representative within two seconds of the consumer answering the phone. But the TSR also makes some allowances for predictive dialers, which necessarily have a certain amount of abandoned calls because of how they operate.

What is the TSR?

First enacted into the federal register in 1995 and amended numerous times since, the Telemarketing Sales Rule (TSR) is the Federal Trade Commission’s (FTC) primary document for enforcing telemarketing regulations, particularly the National Do Not Call (DNC) Registry.