On Mar. 7, FTC proposed rule to extend coverage to inbound calls.
FTC proposed rule to provide agency with new tools to combat tech support scams.
Agency proposed to amend the Telemarketing sales rule (16 CFR 310) to extend its coverage to inbound telemarketing calls by consumers to technical support services.
Follows Jun. 2022 advance notice of proposed rulemaking re exemptions, #139749.
Proposed Amendments
Calls that consumers make in response to ad through any medium or to a direct mail.
Framed to exempt from requirements, calls initiated by customer in response to an ad through any medium; calls initiated by customer in response to direct mail solicitation.
Would specifically exclude tech support calls from these inbound call exemptions.
FTC decided to refrain from proposing changes that would require notice, cancellation mechanism with negative option sales/further address business to business (B2B) calls
Would enable FTC to obtain stronger relief, including civil penalties, consumer redress.
In addition, FTC sought comments on a proposed definition of tech support scams.
Consultation
Comments must be received 60 days after date of publication in the federal register.
Apr. 2024 FTC Federal Register
On Apr. 16, 2024, FTC published proposed rule in fed register, comment by Jun. 17.
Nov. 2024 FTC Final Rule
On Nov. 27, 2024, FTC issued final amendments to TSR (16 CFR 310) to extend rule’s coverage to inbound telemarketing calls made for technical support services.
Per press release, most provisions of final rule effective in 60 days after publication.
Adopted largely as proposed, with one modification to technical support services.
Added phrase any software or application run on such device to avoid any confusion on whether tech support services/products related only to software/applications covered.
Federal register notice says amendments effective in 30 days after fed reg publication.
Dec. 2024 Fed Reg Final Rule
On Dec. 10, 2024, FTC published final rule in federal register, effective Jan. 9, 2025.
