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7 U.S.C. § 9b — Rules prohibiting deceptive and other abusive telemarketing acts or practices
Federal law — U.S. Code and appendices · legal_authorities
(1) Except as provided in paragraph (2), not later than six months after the effective date of rules promulgated by the Federal Trade Commission under [section 6102(a) of title 15](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section6102/a&num=0&edition=prelim), the Commission shall promulgate, or require each registered futures association to promulgate, rules substantially similar to such rules to prohibit deceptive and other abusive telemarketing acts or practices by any person registered or exempt from registration under this chapter in connection with such person’s business as a futures commission merchant, introducing broker, commodity trading advisor, commodity pool operator, leverage transaction merchant, floor broker, or floor trader, or a person associated with any such person.
(2) The Commission is not required to promulgate rules under paragraph (1) if it determines that—
(A) rules adopted by the Commission under this chapter provide protection from deceptive and abusive telemarketing by persons described under paragraph (1) substantially similar to that provided by rules promulgated by the Federal Trade Commission under [section 6102(a) of title 15](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section6102/a&num=0&edition=prelim); or
(B) such a rule promulgated by the Commission is not necessary or appropriate in the public interest, or for the protection of customers in the futures and options markets, or would be inconsistent with the maintenance of fair and orderly markets.
If the Commission determines that an exception described in subparagraph (A) or (B) applies, the Commission shall publish in the Federal Register its determination with the reasons for it.
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Source file: Laws/federal/codes/united-states-code/title-7/section-9b-rules-prohibiting-deceptive-and-other-abusive-telemarketing-acts-or-prac--279a014edb.md
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Source location: Title 7, Chapter 1, § 9b; chapter-001-commodity-exchanges.md
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(1) Except as provided in paragraph (2), not later than six months after the effective date of rules promulgated by the Federal Trade Commission under [section 6102(a) of title 15](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section6102/a&num=0&edition=prelim), the Commission shall promulgate, or require each registered futures association to promulgate, rules substantially similar to such rules to prohibit deceptive and other abusive telemarketing acts or practices by any person registered or exempt from registration under this chapter in connection with such person’s business as a futures commission merchant, introducing broker, commodity trading advisor, commodity pool operator, leverage transaction merchant, floor broker, or floor trader, or a person associated with any such person.
(2) The Commission is not required to promulgate rules under paragraph (1) if it determines that—
(A) rules adopted by the Commission under this chapter provide protection from deceptive and abusive telemarketing by persons described under paragraph (1) substantially similar to that provided by rules promulgated by the Federal Trade Commission under [section 6102(a) of title 15](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section6102/a&num=0&edition=prelim); or
(B) such a rule promulgated by the Commission is not necessary or appropriate in the public interest, or for the protection of customers in the futures and options markets, or would be inconsistent with the maintenance of fair and orderly markets.
If the Commission determines that an exception described in subparagraph (A) or (B) applies, the Commission shall publish in the Federal Register its determination with the reasons for it.
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Federal law — U.S. Code and appendices · legal_authorities
(1) **Prohibition against manipulation** — It shall be unlawful for any person, directly or indirectly, to use or employ, or attempt to use or employ, in connection with any swap, or a contract of sale of any commodity in interstate commerce, or for future delivery on or subject to the rules of any registered entity, any manipulative or deceptive device or contrivance, in contravention of such rules and regulations as the Commission shall promulgate by not later than 1 year after July 21, 2010, provided no rule or regulation promulgated by the Commission shall require any person to disclose to another person nonpublic information that may be material to the market price, rate, or level of the commodity transaction, except as necessary to make any statement made to the other person in or in connection with the transaction not misleading in any material respect.
(A) *Special provision for manipulation by false reporting* — Unlawful manipulation for purposes of this paragraph shall include, but not be limited to, delivering, or causing to be delivered for transmission through the mails or interstate commerce, by any means of communication whatsoever, a false or misleading or inaccurate report concerning crop or market information or conditions that affect or tend to affect the price of any commodity in interstate commerce, knowing, or acting in reckless disregard of the fact that such report is false, misleading or inaccurate.
(B) *Effect on other law* — Nothing in this paragraph shall affect, or be construed to affect, the applicability of [section 13(a)(2) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title7-section13/a/2&num=0&edition=prelim).
(C) *Good faith mistakes* — Mistakenly transmitting, in good faith, false or misleading o
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Federal law — U.S. Code and appendices · legal_authorities
**(a)** Any person desiring to be designated or registered as a contract market or derivatives transaction execution facility shall make application to the Commission for the designation or registration and accompany the same with a showing that it complies with the conditions set forth in this chapter, and with a sufficient assurance that it will continue to comply with the the 11 So in original. requirements of this chapter. The Commission shall approve or deny an application for designation or registration as a contract market or derivatives transaction execution facility within 180 days of the filing of the application. If the Commission notifies the person that its application is materially incomplete and specifies the deficiencies in the application, the running of the 180-day period shall be stayed from the time of such notification until the application is resubmitted in completed form: Provided, That the Commission shall have not less than sixty days to approve or deny the application from the time the application is resubmitted in completed form. If the Commission denies an application, it shall specify the grounds for the denial. In the event of a refusal to designate or register as a contract market or derivatives transaction execution facility any person that has made application therefor, the person shall be afforded an opportunity for a hearing on the record before the Commission, with the right to appeal an adverse decision after such hearing to the court of appeals as provided for in other cases in subsection (b) of this section.
**(b)** The Commission is authorized to suspend for a period not to exceed 6 months or to revoke the designation or registration of any contract market or derivatives transaction execution facility on a showing that the contra
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Federal law — U.S. Code and appendices · legal_authorities
The Congress makes the following findings:
(1) Telemarketing differs from other sales activities in that it can be carried out by sellers across State lines without direct contact with the consumer. Telemarketers also can be very mobile, easily moving from State to State.
(2) Interstate telemarketing fraud has become a problem of such magnitude that the resources of the Federal Trade Commission are not sufficient to ensure adequate consumer protection from such fraud.
(3) Consumers and others are estimated to lose $40 billion a year in telemarketing fraud.
(4) Consumers are victimized by other forms of telemarketing deception and abuse.
(5) Consequently, Congress should enact legislation that will offer consumers necessary protection from telemarketing deception and abuse.
Source: Supplied U.S. Code snapshot — release unconfirmed · 15 U.S.C. § 6101
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Federal law — U.S. Code and appendices · legal_authorities
**(a) In general**
(1) The Commission shall prescribe rules prohibiting deceptive telemarketing acts or practices and other abusive telemarketing acts or practices.
(2) The Commission shall include in such rules respecting deceptive telemarketing acts or practices a definition of deceptive telemarketing acts or practices which shall include fraudulent charitable solicitations, and which may include acts or practices of entities or individuals that assist or facilitate deceptive telemarketing, including credit card laundering.
(3) The Commission shall include in such rules respecting other abusive telemarketing acts or practices—
(A) a requirement that telemarketers may not undertake a pattern of unsolicited telephone calls which the reasonable consumer would consider coercive or abusive of such consumer’s right to privacy,
(B) restrictions on the hours of the day and night when unsolicited telephone calls can be made to consumers,
(C) a requirement that any person engaged in telemarketing for the sale of goods or services shall promptly and clearly disclose to the person receiving the call that the purpose of the call is to sell goods or services and make such other disclosures as the Commission deems appropriate, including the nature and price of the goods and services; 11 So in original. The semicolon probably should be a comma. and
(D) a requirement that any person engaged in telemarketing for the solicitation of charitable contributions, donations, or gifts of money or any other thing of value, shall promptly and clearly disclose to the person receiving the call that the purpose of the call is to solicit charitable contributions, donations, or gifts, and make such other disclosures as the Commission considers appropriate, including the name and mailin
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Federal law — U.S. Code and appendices · legal_authorities
Page 104
TITLE 7—AGRICULTURE
§ 9b
1 So in original. Probably should read ‘‘shall exclude’’.
AMENDMENTS
2010—Pars. (4), (5). Pub. L. 111–203 added pars. (4) and
(5).
2000—Pars. (2)(A), (3)(A). Pub. L. 106–554 substituted
‘‘the privileges of all registered entities’’ for ‘‘trading
on all contract markets’’.
1992—Pub. L. 102–546 amended section generally. Prior
to amendment, section read as follows: ‘‘In determining
the amount of the money penalty assessed under sec-
tions 9 and 15 of this title, the Commission shall con-
sider, in the case of a person whose primary business
involves the use of the commodity futures market—the
appropriateness of such penalty to the size of the busi-
ness of the person charged, the extent of such person’s
ability to continue in business, and the gravity of the
violation; and in the case of a person whose primary
business does not involve the use of the commodity fu-
tures market—the appropriateness of such penalty to
the net worth of the person charged, and the gravity of
the violation. If the offending person upon whom such
penalty is imposed, after the lapse of the period al-
lowed for appeal or after the affirmance of such pen-
alty, shall fail to pay such penalty the Commission
shall refer the matter to the Attorney General who
shall recover such penalty by action in the appropriate
United States district court.’’
Statutory Notes and Related Subsidiaries
EFFECTIVE DATE OF 2010 AMENDMENT
Amendment by Pub. L. 111–203 effective on the later
of 360 days after July 21, 2010, or, to the extent a provi-
sion of subtitle A (§§ 711–754) of title VII of Pub. L.
111–203 requires a rulemaking, not less than 60 days
after publication of the final rule or regulation imple-
menting such provision of subtitle A, see section 75
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