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’’ defined In this chapter, the term ‘‘approved bicycle helmet’’ means a bicycle helmet that meets— (1) any interim standard described in section 6004(b) of this title, pending establishment of a final standard under section 6004(c) of this title; and (2) the final standard, once it is established under section 6004(c) of this title. (Pub. L. 103–267, title II, § 207, June 16, 1994, 108 Stat. 728.) CHAPTER 87—TELEMARKETING AND CON- SUMER FRAUD AND ABUSE PREVENTION Sec. 6101. Findings. 6102. Telemarketing rules. 6103. Actions by States. 6104. Actions by private persons. 6105. Administration and applicability of chapter. 6106. Definitions. 6107. Enforcement of orders. 6108. Review. § 6101. Findings The Congress makes the following findings: (1) Telemarketing differs from other sales activities in that it can be carried out by sell- ers 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 be- come a problem of such magnitude that the re- sources 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 leg- islation that will offer consumers necessary protection from telemarketing deception and abuse. (Pub. L. 103–297, § 2, Aug. 16, 1994, 108 Stat. 1545.) Statutory Notes and Related Subsidiaries SHORT TITLE OF 2001 AMENDMENT Pub. L. 107–56, title X, § 1011(a), Oct. 26, 2001, 115 Stat. 396, provided that: ‘‘This section [amending sections 6102 and 6106 of this title and sections 917 and 2325 of Title 18, Crimes and Criminal Procedure] may be cited as the ‘Crimes Against Charitable Americans Act of 2001’.’’ SHORT TITLE OF 2000 AMENDMENT Pub. L. 106–534, § 1, Nov. 22, 2000, 114 Stat. 2555, pro- vided that: ‘‘This Act [enacting provisions set out as notes under this section and section 3732 of Title 42, The Public Health and Welfare] may be cited as the ‘Protecting Seniors From Fraud Act’.’’ SHORT TITLE Pub. L. 103–297, § 1, Aug. 16, 1994, 108 Stat. 1545, pro- vided that: ‘‘This Act [enacting this chapter and sec- tion 9b of Title 7, Agriculture, and amending section 52 of this title] may be cited as the ‘Telemarketing and Consumer Fraud and Abuse Prevention Act’.’’ CONGRESSIONAL FINDINGS Pub. L. 106–534, § 2, Nov. 22, 2000, 114 Stat. 2555, pro- vided that: ‘‘Congress makes the following findings: ‘‘(1) Older Americans are among the most rapidly growing segments of our society. ‘‘(2) Our Nation’s elderly are too frequently the vic- tims of violent crime, property crime, and consumer and telemarketing fraud. ‘‘(3) The elderly are often targeted and retargeted in a range of fraudulent schemes. ‘‘(4) The TRIAD program, originally sponsored by the National Sheriffs’ Association, International As- sociation of Chiefs of Police, and the American Asso- ciation of Retired Persons unites sheriffs, police chiefs, senior volunteers, elder care providers, fami- lies, and seniors to reduce the criminal victimization of the elderly. ‘‘(5) Congress should continue to support TRIAD and similar community partnerships that improve the safety and quality of life for millions of senior citizens. ‘‘(6) There are few other community-based efforts that forge partnerships to coordinate criminal justice and social service resources to improve the safety and security of the elderly. ‘‘(7) According to the National Consumers League, telemarketing fraud costs consumers nearly $40,000,000,000 each year. ‘‘(8) Senior citizens are often the target of tele- marketing fraud. ‘‘(9) Fraudulent telemarketers compile the names of consumers who are potentially vulnerable to tele- marketing fraud into the so-called ‘mooch lists’. Page 2220 TITLE 15—COMMERCE AND TRADE § 6102 1 So in original. The semicolon probably should be a comma. ‘‘(10) It is estimated that 56 percent of the names on such ‘mooch lists’ are individuals age 50 or older. ‘‘(11) The Federal Bureau of Investigation and the Federal Trade Commission have provided resources to assist private-sector organizations to operate out- reach programs to warn senior citizens whose names appear on confiscated ‘mooch lists’. ‘‘(12) The Administration on Aging was formed, in part, to provide senior citizens with the resources, in- formation, and assistance their special circumstances require. ‘‘(13) The Administration on Aging has a system in place to inform senior citizens of the dangers of tele- marketing fraud. ‘‘(14) Senior citizens need to be warned of the dan- gers of telemarketing fraud before they become vic- tims of such fraud.’’ SENIOR FRAUD PREVENTION PROGRAM Pub. L. 106–534, § 3, Nov. 22, 2000, 114 Stat. 2556, pro- vided that: ‘‘(a) AUTHORIZATION OF APPROPRIATIONS.—There is au- thorized to be appropriated to the Attorney General $1,000,000 for each of the fiscal years 2001 through 2005 for programs for the National Association of TRIAD. ‘‘(b) COMPTROLLER GENERAL.—The Comptroller Gen- eral of the United States shall submit to Congress a re- port on the effectiveness of the TRIAD program 180 days prior to the expiration of the authorization under this Act [see Short Title of 2000 Amendment note above], including an analysis of TRIAD programs and activities; identification of impediments to the estab- lishment of TRIADs across the Nation; and rec- ommendations to improve the effectiveness of the TRIAD program.’’ DISSEMINATION OF INFORMATION Pub. L. 106–534, § 4, Nov. 22, 2000, 114 Stat. 2556, pro- vided that: ‘‘(a) IN GENERAL.—The Secretary of Health and Human Services, acting through the Assistant Sec- retary of Health and Human Services for Aging, shall provide to the Attorney General of each State and pub- licly disseminate in each State, including dissemina- tion to area agencies on aging, information designed to educate senior citizens and raise awareness about the dangers of fraud, including telemarketing and sweep- stakes fraud. ‘‘(b) INFORMATION.—In carrying out subsection (a), the Secretary shall— ‘‘(1) inform senior citizens of the prevalence of tele- marketing and sweepstakes fraud targeted against them; ‘‘(2) inform senior citizens how telemarketing and sweepstakes fraud work; ‘‘(3) inform senior citizens how to identify tele- marketing and sweepstakes fraud; ‘‘(4) inform senior citizens how to protect them- selves against telemarketing and sweepstakes fraud, including an explanation of the dangers of providing bank account, credit card, or other financial or per- sonal information over the telephone to unsolicited callers; ‘‘(5) inform senior citizens how to report suspected attempts at or acts of fraud; ‘‘(6) inform senior citizens of their consumer pro- tection rights under Federal law; and ‘‘(7) provide such other information as the Sec- retary considers necessary to protect senior citizens against fraudulent telemarketing and sweepstakes promotions. ‘‘(c) MEANS OF DISSEMINATION.—The Secretary shall determine the means to disseminate information under this section. In making such determination, the Sec- retary shall consider— ‘‘(1) public service announcements; ‘‘(2) a printed manual or pamphlet; ‘‘(3) an Internet website; ‘‘(4) direct mailings; and ‘‘(5) telephone outreach to individuals whose names appear on so-called ‘mooch lists’ confiscated from fraudulent marketers. ‘‘(d) PRIORITY.—In disseminating information under this section, the Secretary shall give priority to areas with high incidents of fraud against senior citizens.’’ § 6102. Telemarketing rules (a) In general (1) The Commission shall prescribe rules pro- hibiting deceptive telemarketing acts or prac- tices and other abusive telemarketing acts or practices. (2) The Commission shall include in such rules respecting deceptive telemarketing acts or prac- tices 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, in- cluding 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 tele- phone 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 serv- ices 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; 1 and (D) a requirement that any person engaged in telemarketing for the solicitation of chari- table contributions, donations, or gifts of money or any other thing of value, shall promptly and clearly disclose to the person re- ceiving 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, includ- ing the name and mailing address of the chari- table organization on behalf of which the so- licitation is made. In prescribing the rules described in this para- graph, the Commission shall also consider rec- ordkeeping requirements. (b) Rulemaking authority The Commission shall have authority to pre- scribe rules under subsection (a), in accordance with section 553 of title 5. In prescribing a rule under this section that relates to the provision of a consumer financial product or service that is subject to the Consumer Financial Protection Act of 2010, including any enumerated consumer law thereunder, the Commission shall consult with the Bureau of Consumer Financial Protec- tion regarding the consistency of a proposed rule with standards, purposes, or objectives ad- ministered by the Bureau of Consumer Financial Protection.