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15 U.S.C. § 6152 — Telemarketing Sales Rule; do-not-call registry fees
Federal law — U.S. Code and appendices · legal_authorities
**(a) In general** The Federal Trade Commission shall assess and collect an annual fee pursuant to this section in order to implement and enforce the “do-not-call” registry as provided for in section 310.4(b)(1)(iii) of title 16, Code of Federal Regulations, or any other regulation issued by the Commission under [section 6102 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section6102&num=0&edition=prelim).
**(b) Annual fees**
(1) **In general** — The Commission shall charge each person who accesses the “do-not-call” registry an annual fee that is equal to the lesser of—
(A) $54 for each area code of data accessed from the registry; or
(B) $14,850 for access to every area code of data contained in the registry.
(2) **Exception** — The Commission shall not charge a fee to any person—
(A) for accessing the first 5 area codes of data; or
(B) for accessing area codes of data in the registry if the person is permitted to access, but is not required to access, the “do-not-call” registry under section 11 So in original. Probably should be “part”. 310 of title 16, Code of Federal Regulations, section 64.1200 of title 47, Code of Federal Regulations, or any other Federal regulation or law.
(3) **Duration of access**
(A) *In general* — The Commission shall allow each person who pays the annual fee described in paragraph (1), each person excepted under paragraph (2) from paying the annual fee, and each person excepted from paying an annual fee under section 310.4(b)(1)(iii)(B) of title 16, Code of Federal Regulations, to access the area codes of data in the “do-not-call” registry for which the person has paid during that person’s annual period.
(B) *Annual period* — In this paragraph, the term “annual period” means the 12-m
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Stable record: federal_law:legal_authorities:record_usc_51867b74ab8706ef3377d968
Source file: Laws/federal/codes/united-states-code/title-15/section-6152-telemarketing-sales-rule-do-not-call-registry-fees--12b842a65b.md
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Passage SHA-256: e7cb42fa98f97119d0585c6351aa37f032290b58edabf790fb496640e115c052
Source location: Title 15, Chapter 87A, § 6152; chapter-87a-national-do-not-call-registry.md
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**(a) In general** The Federal Trade Commission shall assess and collect an annual fee pursuant to this section in order to implement and enforce the “do-not-call” registry as provided for in section 310.4(b)(1)(iii) of title 16, Code of Federal Regulations, or any other regulation issued by the Commission under [section 6102 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section6102&num=0&edition=prelim).
**(b) Annual fees**
(1) **In general** — The Commission shall charge each person who accesses the “do-not-call” registry an annual fee that is equal to the lesser of—
(A) $54 for each area code of data accessed from the registry; or
(B) $14,850 for access to every area code of data contained in the registry.
(2) **Exception** — The Commission shall not charge a fee to any person—
(A) for accessing the first 5 area codes of data; or
(B) for accessing area codes of data in the registry if the person is permitted to access, but is not required to access, the “do-not-call” registry under section 11 So in original. Probably should be “part”. 310 of title 16, Code of Federal Regulations, section 64.1200 of title 47, Code of Federal Regulations, or any other Federal regulation or law.
(3) **Duration of access**
(A) *In general* — The Commission shall allow each person who pays the annual fee described in paragraph (1), each person excepted under paragraph (2) from paying the annual fee, and each person excepted from paying an annual fee under section 310.4(b)(1)(iii)(B) of title 16, Code of Federal Regulations, to access the area codes of data in the “do-not-call” registry for which the person has paid during that person’s annual period.
(B) *Annual period* — In this paragraph, the term “annual period” means the 12-month period beginning on the first day of the month in which a person pays the fee described in paragraph (1).
**(c) Additional fees**
(1) **In general** — The Commission shall charge a person required to pay an annual fee under subsection (b) an additional fee for each additional area code of data the person wishes to access during that person’s annual period.
(2) **Rates** — For each additional area code of data to be accessed during the person’s annual period, the Commission shall charge—
(A) $54 for access to such data if access to the area code of data is first requested during the first 6 months of the person’s annual period; or
(B) $27 for access to such data if access to the area code of data is first requested after the first 6 months of the person’s annual period.
**(d) Adjustment of fees**
(1) **In general**
(A) *Fiscal year 2009* — The dollar amount described in subsection (b) or (c) is the amount to be charged for fiscal year 2009.
(B) *Fiscal years after 2009* — For each fiscal year beginning after fiscal year 2009, each dollar amount in subsection (b)(1) and (c)(2) shall be increased by an amount equal to—
(i) the dollar amount in paragraph (b)(1) or (c)(2), whichever is applicable, multiplied by
(ii) the percentage (if any) by which the CPI for the most recently ended 12-month period ending on June 30 exceeds the baseline CPI.
(2) **Rounding** — Any increase under subparagraph (B) shall be rounded to the nearest dollar.
(3) **Changes less than 1 percent** — The Commission shall not adjust the fees under this section if the change in the CPI is less than 1 percent.
(4) **Publication** — Not later than September 1 of each year the Commission shall publish in the Federal Register the adjustments to the applicable fees, if any, made under this subsection.
(5) **Definitions** — In this subsection:
(A) *CPI* — The term “CPI” means the average of the monthly consumer price index (for all urban consumers published by the Department of Labor).
(B) *Baseline CPI* — The term “baseline CPI” means the CPI for the 12-month period ending June 30, 2008.
**(e) Prohibition against fee sharing** No person may enter into or participate in an arrangement (as such term is used in section 310.8(c) of the Commission’s regulations (16 C.F.R. 310.8(c))) to share any fee required by subsection (b) or (c), including any arrangement to divide the costs to access the registry among various clients of a telemarketer or service provider.
**(f) Handling of fees**
(1) **In general** — The Commission shall deposit and credit as offsetting collections any fee collected under this section in the account “Federal Trade Commission—Salaries and Expenses”, and such sums shall remain available until expended.
(2) **Limitation** — No amount shall be collected as a fee under this section for any fiscal year except to the extent provided in advance by appropriations Acts.
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Biennial reports** Not later than December 31, 2009, and biennially thereafter, the Federal Trade Commission, in consultation with the Federal Communications Commission, shall transmit a report to the Senate Committee on Commerce, Science, and Transportation and the House of Representatives Committee on Energy and Commerce that includes—
(1) the number of consumers who have placed their telephone numbers on the registry;
(2) the number of persons paying fees for access to the registry and the amount of such fees;
(3) the impact on the “do-not-call” registry of—
(A) the 5-year reregistration requirement;
(B) new telecommunications technology; and
(C) number portability and abandoned telephone numbers; and
(4) the impact of the established business relationship exception on businesses and consumers.
**(b) Additional report** Not later than December 31, 2009, the Federal Trade Commission, in consultation with the Federal Communications Commission, shall transmit a report to the Senate Committee on Commerce, Science, and Transportation and the House of Representatives Committee on Energy and Commerce that includes—
(1) the effectiveness of do-not-call outreach and enforcement efforts with regard to senior citizens and immigrant communities;
(2) the impact of the exceptions to the do-not-call registry on businesses and consumers, including an analysis of the effectiveness of the registry and consumer perceptions of the registry’s effectiveness; and
(3) the impact of abandoned calls made by predictive dialing devices on do-not-call enforcement.
Source: Supplied U.S. Code snapshot — release unconfirmed · 15 U.S.C. § 6154
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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
Source: Supplied U.S. Code snapshot — release unconfirmed · 15 U.S.C. § 6102
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Federal law — U.S. Code and appendices · legal_authorities
**(a)** This section applies, according to the provisions thereof, except to the extent that there is involved—
(1) a military or foreign affairs function of the United States; or
(2) a matter relating to agency management or personnel or to public property, loans, grants, benefits, or contracts.
**(b)** General notice of proposed rule making shall be published in the Federal Register, unless persons subject thereto are named and either personally served or otherwise have actual notice thereof in accordance with law. The notice shall include—
(1) a statement of the time, place, and nature of public rule making proceedings;
(2) reference to the legal authority under which the rule is proposed;
(3) either the terms or substance of the proposed rule or a description of the subjects and issues involved; and
(4) the Internet address of a summary of not more than 100 words in length of the proposed rule, in plain language, that shall be posted on the Internet website under section 206(d) of the E-Government Act of 2002 ([44 U.S.C. 3501](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title44-section3501&num=0&edition=prelim) note) (commonly known as regulations.gov).
Except when notice or hearing is required by statute, this subsection does not apply—
(A) to interpretative rules, general statements of policy, or rules of agency organization, procedure, or practice; or
(B) when the agency for good cause finds (and incorporates the finding and a brief statement of reasons therefor in the rules issued) that notice and public procedure thereon are impracticable, unnecessary, or contrary to the public interest.
**(c)** After notice required by this section, the agency shall give interested persons an opportunity to participate in the rule making through subm
Source: Supplied U.S. Code snapshot — release unconfirmed · 5 U.S.C. § 553
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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) Authority** The Federal Trade Commission is authorized under [section 6102(a)(3)(A) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section6102/a/3/A&num=0&edition=prelim) to implement and enforce a national do-not-call registry.
**(b) Ratification** The do-not-call registry provision of the Telemarketing Sales Rule (16 C.F.R. 310.4(b)(1)(iii)), which was promulgated by the Federal Trade Commission, effective March 31, 2003, is ratified.
Source: Supplied U.S. Code snapshot — release unconfirmed · 15 U.S.C. § 6151
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Federal law — U.S. Code and appendices · legal_authorities
Page 2225
TITLE 15—COMMERCE AND TRADE
§ 6152
1 So in original. Probably should be ‘‘part’’.
§ 6152. Telemarketing Sales Rule; do-not-call reg-
istry fees
(a) In general
The Federal Trade Commission shall assess
and collect an annual fee pursuant to this sec-
tion in order to implement and enforce the ‘‘do-
not-call’’ registry as provided for in section
310.4(b)(1)(iii) of title 16, Code of Federal Regula-
tions, or any other regulation issued by the
Commission under section 6102 of this title.
(b) Annual fees
(1) In general
The Commission shall charge each person
who accesses the ‘‘do-not-call’’ registry an an-
nual fee that is equal to the lesser of—
(A) $54 for each area code of data accessed
from the registry; or
(B) $14,850 for access to every area code of
data contained in the registry.
(2) Exception
The Commission shall not charge a fee to
any person—
(A) for accessing the first 5 area codes of
data; or
(B) for accessing area codes of data in the
registry if the person is permitted to access,
but is not required to access, the ‘‘do-not-
call’’ registry under section 1 310 of title 16,
Code of Federal Regulations, section 64.1200
of title 47, Code of Federal Regulations, or
any other Federal regulation or law.
(3) Duration of access
(A) In general
The Commission shall allow each person
who pays the annual fee described in para-
graph (1), each person excepted under para-
graph (2) from paying the annual fee, and
each person excepted from paying an annual
fee under section 310.4(b)(1)(iii)(B) of title 16,
Code of Federal Regulations, to access the
area codes of data in the ‘‘do-not-call’’ reg-
istry for which the person has paid during
that person’s annual period.
(B) Annual period
In this paragraph, the term ‘‘annual pe-
riod’’ mea
Source: Supplied 2024 U.S. Code historical extraction · 15 U.S.C. § 6152
Stored review status: historical_2024_not_currentness_verified. Same stored citation; legal effect and authority still require review.