16 C.F.R. § 310.2 - Definitions

Cite as16 C.F.R. § 310.2
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141 practice notes
  • Federal Trade Commission,
    • United States
    • Federal Register January 30, 2002
    • January 30, 2002
    ...calls, except those involving the sale of office or cleaning supplies.\17\ \15\ 16 CFR 310.6(a)-(c). \16\ 16 CFR 310.6(d)-(f). \17\ 16 CFR 310.2(u) (pursuant to 15 U.S.C. 6106(4) (catalog sales)); 16 CFR 310.6(g) (business-to-business sales). In addition to these exemptions, certain entitie......
  • Telemarketing Sales Rule
    • United States
    • Federal Register December 14, 2015
    • December 14, 2015
    ...Amended Telemarketing Sales Rule Statement of Basis and Purpose, 75 FR 48458 (Aug. 10, 2010) (hereinafter TSR Amended Rule 2010). \9\ 16 CFR 310.2(cc) (using the same definition as the Telemarketing Act, 15 U.S.C. \10\ 15 U.S.C. 6105(b). \11\ 15 U.S.C. 45(a)(2) (setting forth certain limita......
  • Telemarketing sales rule,
    • United States
    • Federal Register January 29, 2003
    • January 29, 2003
    ...and Dispute Resolution Act of 1992 (``Pay-Per-Call Rule''), 16 CFR Part 308. \17\ 16 CFR 310.6(a)-(c). \18\ 16 CFR 310.6(d)-(f). \19\ 16 CFR 310.2(u) (pursuant to 15 U.S.C. 6106(4) (catalog sales)); 16 CFR 310.6(g) (business-to-business sales). In addition to these exemptions, certain entit......
  • Payday, Vehicle Title, and Certain High-Cost Installment Loans
    • United States
    • Federal Register July 22, 2016
    • July 22, 2016
    ...does not bear the consumer's signature. See Regulation CC, 12 CFR 229.2(fff) (defining remotely created check); Telemarketing Sales Rule, 16 CFR 310(cc) (defining ``remotely created payment order'' as a payment instrument that includes remotely created \320\ In order to initiate an ACH paym......
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69 cases
  • Fed. Trade Comm'n v. Credit Bureau Ctr., LLC, Nos. 18-2847 & 18-3310
    • United States
    • United States Courts of Appeals. United States Court of Appeals (7th Circuit)
    • August 21, 2019
    ...an affirmative action to reject goods or services or to cancel the agreement is interpreted by the seller as acceptance of the offer." 16 C.F.R. § 310.2(w) ; see also § 8403 (incorporating this definition by reference). ROSCA prohibits this feature unless the seller "(1) provides text that ......
  • In re National Credit Management Group, L.L.C., No. CIV. A. 98-936(AJL).
    • United States
    • United States District Courts. 3th Circuit. United States District Courts. 3th Circuit. District of New Jersey
    • March 25, 1998
    ...business practices of the Defendants are covered by the TSR. NCMG is a "telemarketer" or "seller" within the meaning of the TSR. See 16 C.F.R. § 310.2(r),(t), and (u). NCMG markets its program by the use of one or more interstate telephone calls. See 16 C.F.R. § 310.2(u). The representation......
  • United States v. Dish Network, L. L.C., No. 09–3073
    • United States
    • United States District Courts. 7th Circuit. United States District Courts. 7th Circuit. Central District of Illinois
    • December 11, 2014
    ...services or a charitable contribution, by use of one or more telephones and which involves more than one interstate telephone call....16 C.F.R. § 310.2(o ), (w), (aa), (cc), and (dd). The TSR also exempted telemarketing calls “between a telemarketer and any business, except calls to induce ......
  • Pasco v. Protus IP Solutions, Inc., Civil Action No. RDB–08–3388.
    • United States
    • United States District Courts. 1st Circuit. United States District Courts. 1st Circuit. District of Massachusetts
    • November 23, 2011
    ...as “any person who, in connection with telemarketing, initiates or receives telephone calls to or from a customer or donor.” 16 C.F.R. § 310.2(bb) (emphasis added). Aside from arguing that the FTC's definition of telemarketing “is broad,” Plaintiffs have provided no support for the proposit......
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15 firm's commentaries
  • Federal Trade Commission Issues New CAN-SPAM Act Regulations
    • United States
    • JD Supra United States
    • May 19, 2008
    ...45 days after The FTC’s Statement “Statement” “Statement.” “Proceeding,” 5] FTC Statement at 7, 16 CFR Part 316, § 316.2(h). [6] 16 CFR § 310.2. [7] FTC Statement 8. [8] 15 11] recipients’ (16 CFR 316.4). they not only originate, transmit, Senders have all of the obligations of other initia......
  • Massachusetts District Court Denies Credit Repair Company’s Motion to Dismiss in Case Brought by the CFPB
    • United States
    • LexBlog United States
    • August 25, 2021
    ...of ... services ... by use of one or more telephones and which involves more than one interstate telephone call.” Id at 4 citing 16 C.F.R. §310.2 (gg). Defendants claimed that the terms “plan”, “program,” and “campaign” would apply to all vendors and service providers who communicate with c......
  • In Search of Exceptions to the FTC's Amended Telemarketing Sales Rule - Don't Put Your Neck in a Loophole!
    • United States
    • Mondaq United States
    • September 1, 2010
    ...or services or a charitable contribution, by use of one or more telephones and which involves more than one interstate telephone call," 16 C.F.R. 310.2(dd) (emphasis added). Based on this language, some may be tempted to limit telemarketing to "intrastate calls," which would not cross state......
  • 'Pact' Health App Breaks Pact, Settles With FTC
    • United States
    • Mondaq United States
    • October 6, 2017
    ...FTC Telemarketing Sales Rules as a provision in which consumer silence or failure to take affirmative action operates as acceptance. 16 C.F.R. § 310.2(w). Information regarding recurring charges was buried in 4,400 words, or forty-three screens on an iPhone 5S. Consumers either could not lo......
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