FTC April 28th Open Meeting Sure to Create Headlines

The Federal Trade Commission announced that it will hold an Open Commission Meeting on April 28th. The most notable item on the agenda is the Notice of Proposed Rulemaking and an Advance Notice of Proposed Rulemaking regarding the Telemarketing Sales Rule (TSR).

The agenda provides a glimpse into the FTC’s plans: “The proposed changes to the [TSR} . . . would allow the Rule to better address fraudulent business-to-business telemarketing and would introduce requirements for easy cancellation methods for telemarketing sales, among other improvements.”

Business-to-business calls are currently excluded from the TSR (except when telemarketing non-durable office equipment) and cancellation methods are not addressed by the TSR. It appears that the FTC plans to significantly expand the TSR’s reach. The public will be given an opportunity to comment on the Proposed Rulemaking once it has been released.

The FTC will also be providing a presentation on the effect of the U.S. Supreme Court’s AMG Capital Management v. FTC decision, which overturned the FTC’s authority to collect consumer restitution for consumers that are victims of deceptive business practices.

We will monitor the meeting and report the details. Stay tuned . . .