It’s October 15^th, and fall is officially here. Bringing with it pumpkin, football (Go Vols!), hockey (Go Ducks!), and, this year, the effective date of the Telemarketing Sales Rule updates. That’s right, the TSR updates are effective TODAY.

We have discussed these before but it’s worth reiterating:

The Telemarketing Sales Rule now requires an expanded list of records to be kept for all telemarketing calls (both inbound and outbound):

1. The name of the telemarketer that placed or received the call
   The seller for which the telemarketing call is placed or received
   3. The good, service, or charitable purpose that is the subject of the telemarketing call
   4. Whether the telemarketing call is to an individual consumer or a business consumer
   5. Whether the telemarketing call is an outbound telephone call
   6. Whether the telemarketing call utilizes a prerecorded message
   7. The calling number, the called number, date, time and duration of the telemarketing call
   8. The telemarketing script and prerecorded message, if any, used during the call
   9. The caller ID number and caller ID name (if transmitted), any contracts or proof of authorization to use that telephone number and name, and the time period that the authorization applies
   10. The disposition of the call, including but not limited to, what’s the call connected, dropped, or transferred. If transferred, the number and name of the party the call was transferred to

Not only has the list of records been expanded, but the records needed for proper consent have also been expanded:

1. the name and telephone number of the person providing consent;
   2. a copy of the request for consent in the same manner and format in which it was presented to the person providing consent;
   3. the purpose for which consent is requested and given;
   4. a copy of the consent provided;
   5. the date consent was given; and
   6. documentation specific to consent around billing information required by other sections of the TSR.

Ok, great. But, who exactly is responsible for the recordkeeping. The TSR states the telemarketer and the seller can contract for responsibility, but realistically, the seller is responsible. As the rule states:

….If by written agreement the telemarketer bears the responsibility for the recordkeeping requirements of this section, the seller must establish and implement practices and procedures to ensure the telemarketer is complying with the requirements of this section…..

So, the seller is ultimately responsible for the records.

Hopefully, your systems are being updated to retain these records. We have seen an increase in crazy TSR rulings lately, so make sure you are on top of these changes.