CIPP/US Study Guide
Chapter 11: Telecommunications and Marketing

Telemarketing Regulatory Framework: TCPA, TSR, FCC and FTC

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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.

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.

No federal preemption

Neither the TSR nor the FCC rules preempt state law. Telemarketers must comply with the federal rules and applicable state laws.

Telemarketer vs. seller

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”?
The Telephone Consumer Protection Act of 1991, enforced by the FCC, restricting unsolicited advertising by telephone, fax, robocalls and (by FCC interpretation) text messages.
What is “TSR”?
The Telemarketing Sales Rule, first issued by the FTC in 1995 to implement the Telemarketing and Consumer Fraud and Abuse Prevention Act, amended in 2003, 2008, 2010 and 2015.
What is “FCC”?
The Federal Communications Commission, which issues and enforces the TCPA rules on telemarketing, robocalls, faxes and texts.
What is “FTC”?
The Federal Trade Commission, which issues and enforces the Telemarketing Sales Rule and CAN-SPAM.

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