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15 U.S.C. § 6101 — Findings

Federal law — U.S. Code and appendices · legal_authorities

15 U.S.C. § 6101 — Findings

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.

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Stable record: federal_law:legal_authorities:record_usc_e66ff50be39d48535dd151ba
Source file: Laws/federal/codes/united-states-code/title-15/section-6101-findings--f1325347ff.md
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Source location: Title 15, Chapter 87, § 6101; chapter-087-telemarketing-and-consumer-fraud-and-abuse-prevention.md

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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.

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Federal law — U.S. Code and appendices · legal_authorities

7 U.S.C. § 9b — Rules prohibiting deceptive and other abusive telemarketing acts or practices

(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.

Source: Supplied U.S. Code snapshot — release unconfirmed · 7 U.S.C. § 9b

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Federal law — U.S. Code and appendices · legal_authorities

15 U.S.C. § 52 — Dissemination of false advertisements

**(a) Unlawfulness** It shall be unlawful for any person, partnership, or corporation to disseminate, or cause to be disseminated, any false advertisement— (1) By United States mails, or in or having an effect upon commerce, by any means, for the purpose of inducing, or which is likely to induce, directly or indirectly the purchase of food, drugs, devices, services, or cosmetics; or (2) By any means, for the purpose of inducing, or which is likely to induce, directly or indirectly, the purchase in or having an effect upon commerce, of food, drugs, devices, services, or cosmetics. **(b) Unfair or deceptive act or practice** The dissemination or the causing to be disseminated of any false advertisement within the provisions of subsection (a) of this section shall be an unfair or deceptive act or practice in or affecting commerce within the meaning of [section 45 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section45&num=0&edition=prelim).

Source: Supplied U.S. Code snapshot — release unconfirmed · 15 U.S.C. § 52

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Federal law — U.S. Code and appendices · legal_authorities

42 U.S.C. § 3732 — Repealed. Pub. L. 98–473, title II, § 604(c), Oct. 12, 1984, 98 Stat. 2079

### Statutory Notes Section, Pub. L. 90–351, title I, § 204, as added Pub. L. 96–157, § 2, Dec. 27, 1979, 93 Stat. 1174, provided for a National Institute of Justice Advisory Board, including the establishment and composition of the Board, rules respecting organization and procedure, term of office, duties of the Board, and delegation of powers and duties to the Director. Prior sections 3724 to 3726 were omitted in the general revision of this chapter by Pub. L. 96–157. Section 3724, Pub. L. 90–351, title I, § 204, June 19, 1968, 82 Stat. 199; Pub. L. 91–644, title I, § 3(d), Jan. 2, 1971, 84 Stat. 1881; Pub. L. 93–83, § 2, Aug. 6, 1973, 87 Stat. 199; Pub. L. 94–503, title I, § 106, Oct. 15, 1976, 90 Stat. 2410, related to maximum percentage of Federal grant funds in expenses incurred by States. Section 3725, Pub. L. 90–351, title I, § 205, June 19, 1968, 82 Stat. 199; Pub. L. 93–83, § 2, Aug. 6, 1973, 87 Stat. 199; Pub. L. 94–503, title I, § 107, Oct. 15, 1976, 90 Stat. 2410, related to allocation of funds and reallocation of unused funds. Section 3726, Pub. L. 90–351, title I, § 206, as added Pub. L. 94–503, title I, § 108, Oct. 15, 1976, 90 Stat. 2411, related to advisory review of comprehensive statewide plans by States. #### Effective Date of Repeal Repeal effective Oct. 12, 1984, see section 609AA(a) of Pub. L. 98–473, set out as an Effective Date note under [section 10101 of Title 34](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title34-section10101&num=0&edition=prelim), Crime Control and Law Enforcement.

Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 3732

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Federal law — U.S. Code and appendices · legal_authorities

15 U.S.C. § 6103 — Actions by States

**(a) In general** Whenever an attorney general of any State has reason to believe that the interests of the residents of that State have been or are being threatened or adversely affected because any person has engaged or is engaging in a pattern or practice of telemarketing which violates any rule of the Commission under [section 6102 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section6102&num=0&edition=prelim), the State, as parens patriae, may bring a civil action on behalf of its residents in an appropriate district court of the United States to enjoin such telemarketing, to enforce compliance with such rule of the Commission, to obtain damages, restitution, or other compensation on behalf of residents of such State, or to obtain such further and other relief as the court may deem appropriate. **(b) Notice** The State shall serve prior written notice of any civil action under subsection (a) or (f)(2) upon the Commission and provide the Commission with a copy of its complaint, except that if it is not feasible for the State to provide such prior notice, the State shall serve such notice immediately upon instituting such action. Upon receiving a notice respecting a civil action, the Commission shall have the right (1) to intervene in such action, (2) upon so intervening, to be heard on all matters arising therein, and (3) to file petitions for appeal. **(c) Construction** For purposes of bringing any civil action under subsection (a), nothing in this chapter shall prevent an attorney general from exercising the powers conferred on the attorney general by the laws of such State to conduct investigations or to administer oaths or affirmations or to compel the attendance of witnesses or the production of documentary and other ev

Source: Supplied U.S. Code snapshot — release unconfirmed · 15 U.S.C. § 6103

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Federal law — U.S. Code and appendices · legal_authorities

15 U.S.C. § 6105 — Administration and applicability of chapter

**(a) In general** Except as otherwise provided in sections 6102(d), 6102(e), 6103, and 6104 of this title, this chapter shall be enforced by the Commission under the Federal Trade Commission Act ([15 U.S.C. 41](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section41&num=0&edition=prelim) et seq.). Consequently, no activity which is outside the jurisdiction of that Act shall be affected by this chapter. **(b) Actions by Commission** The Commission shall prevent any person from violating a rule of the Commission under [section 6102 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section6102&num=0&edition=prelim) in the same manner, by the same means, and with the same jurisdiction, powers, and duties as though all applicable terms and provisions of the Federal Trade Commission Act ([15 U.S.C. 41](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section41&num=0&edition=prelim) et seq.) were incorporated into and made a part of this chapter. Any person who violates such rule shall be subject to the penalties and entitled to the privileges and immunities provided in the Federal Trade Commission Act in the same manner, by the same means, and with the same jurisdiction, power, and duties as though all applicable terms and provisions of the Federal Trade Commission Act were incorporated into and made a part of this chapter. **(c) Effect on other laws** Nothing contained in this chapter shall be construed to limit the authority of the Commission under any other provision of law. **(d) Enforcement by Bureau of Consumer Financial Protection** Except as otherwise provided in sections 6102(d), 6102(e), 6103, and 6104 of this title, and subject to subtitle B of the Consumer Financial Protection Act of

Source: Supplied U.S. Code snapshot — release unconfirmed · 15 U.S.C. § 6105

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Federal law — U.S. Code and appendices · legal_authorities

15 U.S.C. § 6152 — Telemarketing Sales Rule; do-not-call registry fees

**(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

Source: Supplied U.S. Code snapshot — release unconfirmed · 15 U.S.C. § 6152

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Federal law — U.S. Code and appendices · legal_authorities

15 U.S.C. § 6101 — Findings

Page 2219 TITLE 15—COMMERCE AND TRADE § 6101 shall not apply with respect to any standard issued under such proceeding. The final standard shall take effect 1 year from the date it is issued. (d) Failure to meet standards (1) Failure to meet interim standard Until the final standard takes effect, a bicy- cle helmet that does not conform to an in- terim standard as required under subsection (a)(1) shall be considered in violation of a con- sumer product safety standard promulgated under the Consumer Product Safety Act [15 U.S.C. 2051 et seq.]. (2) Status of final standard The final standard developed under sub- section (c) shall be considered a consumer product safety standard promulgated under the Consumer Product Safety Act. (Pub. L. 103–267, title II, § 205, June 16, 1994, 108 Stat. 727.) Editorial Notes REFERENCES IN TEXT Section 30(d) of the Consumer Product Safety Act, re- ferred to in subsec. (c), was classified to section 2079(d) of this title prior to repeal by Pub. L. 110–314, title II, § 237, Aug. 14, 2008, 122 Stat. 3076. The Consumer Product Safety Act, referred to in sub- sec. (d), is Pub. L. 92–573, Oct. 27, 1972, 86 Stat. 1207, which is classified generally to chapter 47 (§ 2051 et seq.) of this title. For complete classification of this Act to the Code, see Short Title note set out under section 2051 of this title and Tables. § 6005. Authorization of appropriations For the National Highway Traffic Safety Ad- ministration to carry out the grant program au- thorized by this chapter, there are authorized to be appropriated $2,000,000 for fiscal year 1995, $3,000,000 for fiscal year 1996, and $4,000,000 for fiscal year 1997. (Pub. L. 103–267, title II, § 206, June 16, 1994, 108 Stat. 728.) § 6006. ‘‘Approved bicycle helmet’’ d

Source: Supplied 2024 U.S. Code historical extraction · 15 U.S.C. § 6101

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