Telemarketing sales rule PDF: what the full text actually says

Last updated 2026-07-09

Where do you actually find the official TSR PDF?

The authoritative source is the FTC's own website. The full regulation lives at 16 CFR Part 310, and the FTC publishes a consolidated PDF of the Telemarketing Sales Rule in its legal library ^[1]. The landing page links to both the rule text and the most recent Statement of Basis and Purpose.

The Code of Federal Regulations version at eCFR.gov updates the moment amendments take effect, which makes it more current than any cached PDF ^[2]. Need something you can print and hand to a new compliance hire? Download the PDF. Need to check whether a specific paragraph changed in the last few months? Use eCFR.

One thing people miss. The FTC also publishes a plain-language guide called "Complying with the Telemarketing Sales Rule" separately from the rule text ^[9]. That guide helps you get oriented, but it is not the rule. Read both. They say things differently in ways that matter when you are defending a complaint.

What does the Telemarketing Sales Rule actually cover?

The TSR applies to "telemarketing," which the rule defines at 16 CFR 310.2(gg) as "a plan, program, or campaign which is conducted to induce the purchase of goods or services or a charitable contribution, by use of one or more telephones" ^[1]. That definition is broad on purpose.

Here is what falls inside the TSR:

• Outbound telephone calls to consumers to sell goods or services
• Inbound calls that result from an advertisement offering a prize promotion
• Upsell calls, even when the initial call was inbound
• Calls soliciting charitable contributions from consumers
• Calls delivering a prerecorded message (robocalls)

Here is what the rule exempts at 16 CFR 310.6: calls to businesses (B2B is largely exempt), calls responding to a general media ad that does not promise a prize, calls fully covered by the FCC's TCPA rules for wireless numbers when the FCC rule is at least as protective, and face-to-face retail sales ^[1]. The B2B exemption matters enormously for outbound sales teams. If you are calling a business to sell software, the TSR generally does not apply, though state laws and TCPA still might.

The TCPA, enforced by the FCC under 47 USC 227, runs parallel to the TSR ^[3]. The two overlap but are not identical. TCPA focuses on the technology used (auto-dialers, prerecorded messages, SMS). TSR focuses on conduct during the call (deception, required disclosures, DNC compliance). You can violate one without violating the other. In practice, most enforcement actions cite both. If you want a closer look at how cold calling fits both frameworks, that breakdown covers the interaction clearly.

What are the TSR's calling hour restrictions and disclosure requirements?

Section 310.4(c) prohibits calls before 8 a.m. or after 9 p.m. local time at the called party's location ^[1]. Local time means the consumer's local time, not yours. If you are in California calling a Florida number at 8:30 p.m. your time, it is 11:30 p.m. in Florida. That is a violation.

At the start of every outbound call, 16 CFR 310.4(d) requires the telemarketer to disclose:

1. The seller's identity 2. That the purpose of the call is to sell goods or services (or solicit a charitable contribution) 3. The nature of the goods or services

Those disclosures come before any sales pitch. Skipping them, or burying them after you have started selling, is a violation even when everything else you say is true.

Section 310.4(a) also bars abusive tactics: threatening or intimidating language, profane language, and repeatedly calling a person who asked not to be called. There is no magic number where repeated calls tip into a violation. The FTC looks at pattern and intent. Two calls after a "do not call" request have triggered enforcement. Do not test the line.

How does the TSR's Do Not Call registry requirement work?

Section 310.4(b)(1)(iii) requires telemarketers to access and honor the National Do Not Call Registry maintained by the FTC ^[1]. The registry lives at donotcall.gov ^[4]. Sellers must scrub their call lists against the registry no more than 31 days before dialing a number.

Failing to scrub is not a defense you can mount easily. The FTC treats registry access as a low-bar obligation. Access costs $72 for up to five area codes in 2024, with unlimited access at $18,044 annually ^[4]. Courts have not been sympathetic to sellers who claim the cost was prohibitive.

Beyond the national registry, 16 CFR 310.4(b)(1)(ii) requires sellers to keep their own internal DNC list. When a consumer says "don't call me again," you add them to your internal list and honor that request for five years. The national registry handles people who opted out centrally. Your internal list handles the people who told you directly.

The rule at 310.4(b)(1)(i) also bars calling any number on the national registry unless you have an established business relationship (EBR) with the consumer or the consumer gave written consent. The EBR window under the TSR is 18 months from the last purchase and three months from an inquiry. Those windows differ from TCPA's EBR, which the FCC defines its own way. Keep them straight.

For a practical workflow on building a DNC scrubbing process, the guide on cold call compliance has a usable checklist format.

What does the TSR say about robocalls and prerecorded messages?

Section 310.4(b)(1)(v) is the TSR's robocall provision, and it is strict ^[1]. It bars an outbound call that delivers a prerecorded message unless the seller got express written consent from the consumer before the call. The consent has to be a signed written agreement (electronic is fine) that clearly authorizes the specific seller to deliver prerecorded calls to the specific number.

The FTC does not allow implied consent for robocalls. You cannot argue that a single past purchase means someone agreed to prerecorded calls. You need a document.

Section 310.4(b)(1)(v)(B) also requires every prerecorded message to include an automated, interactive opt-out mechanism the consumer can use during the call. That mechanism must record the opt-out immediately and add the number to the internal DNC list. A message that says "press 9 to be removed" satisfies this only if pressing 9 actually works and the number is actually suppressed before any future call.

On the TCPA side, the FCC's rules for autodialed and prerecorded calls to wireless numbers under 47 USC 227(b) require prior express written consent too ^[3]. Both regimes require consent. Both can be enforced on their own. The FTC handles TSR, the FCC handles TCPA, and state attorneys general can bring both.

For teams using AI-driven dialers, whether those systems qualify as autodialers under TCPA is still litigated after Facebook v. Duguid (2021) ^[10]. The TSR's robocall provision is cleaner. If a prerecorded voice is used, written consent is required, full stop. AI cold calling tools get no pass just because the voice is synthetic.

What disclosures does the TSR require when making a sales pitch?

Section 310.3(a)(1) sets out the disclosures sellers must make before asking for payment information. The telemarketer has to clearly and conspicuously disclose ^[1]:

• The total cost to purchase, receive, or use the goods or services
• All material restrictions, limitations, or conditions on the offer
• The seller's refund, cancellation, or exchange policy (if there is a no-refund policy, that has to be stated)
• If a prize promotion is involved, the odds of winning, that no purchase is necessary, and how to claim the prize without buying

The phrase "clearly and conspicuously" has teeth. The FTC has found violations where sellers buried material terms in fast-spoken fine print at the end of a pitch. Tone, speed, and prominence all count.

Section 310.3(a)(2) lists the deceptive acts the rule prohibits, including misrepresenting the total cost, misrepresenting any material restriction, and misrepresenting the seller's affiliation with any government entity. Calls that falsely imply a government connection are a recurring enforcement target.

Section 310.3(a)(3) also prohibits taking payment in advance for credit repair services, recovery room services, or advance fee loans. Those categories have long been the source of large-scale consumer fraud, which is why the rule singles them out.

What are the payment and billing restrictions under the TSR?

Section 310.4(a)(6) prohibits requesting or receiving payment through certain high-risk methods: cash-to-cash money transfers, cash reload mechanisms, and remotely created payment orders ^[1]. These restrictions came in through later amendments, added specifically because fraudsters favored those methods.

Section 310.3(a)(3) also restricts advance fee arrangements in specific categories. Sellers of credit repair services, for example, cannot collect any fee before the promised services are delivered and the consumer has received written documentation showing the result.

For legitimate sellers using credit cards or ACH, the rule at 310.4(a)(7) requires express verifiable authorization before submitting a charge. That means one of three things: a written authorization signed by the consumer, an audio recording of the consumer's oral authorization, or a written confirmation sent before billing that gives the consumer time to dispute. The authorization has to include the amount, the payment schedule, and the consumer's name and bank or card information.

Unauthorized billing, sometimes called "cramming," is one of the most common TSR enforcement categories. The FTC and state AGs have brought hundreds of cases here.

What are the civil penalties for TSR violations?

Civil penalties under the TSR flow from the Federal Trade Commission Act at 15 USC 45(m), which lets the FTC seek up to $51,744 per violation as of 2024 ^[5]. The FTC adjusts this ceiling periodically for inflation under the Federal Civil Penalties Inflation Adjustment Act. Each call can be a separate violation. A campaign that makes 10,000 illegal calls faces exposure north of $500 million on paper, though actual settlements land lower.

Here is a summary of notable TSR enforcement outcomes:

Case / Defendant	Year	Penalty	Primary Violation
Global Travel Services	2023	$2.1 million	Robocalls without consent
Benefytt Technologies	2022	$100 million	Deceptive health plan telemarketing
Publishers Clearing House	2023	$18.5 million	Deceptive billing and sweepstakes claims
Vonage Holdings	2022	$100 million (TCPA/TSR)	Illegal robocalls and DNC violations
Health Research Labs	2019	$9 million	Unauthorized billing

Sources: FTC press releases ^[6].

The FTC can also win injunctions that permanently bar individuals from telemarketing. Officers have been held personally liable when they directed violations. Corporate structure does not insulate you if you knew about the conduct and controlled it.

State attorneys general have independent authority to bring TSR claims under 15 USC 6103, and many states have their own telemarketing statutes with separate penalty structures. A single campaign can draw FTC and state enforcement at the same time.

How does the TSR interact with the TCPA?

The two federal regimes address overlapping but distinct concerns. The Telephone Consumer Protection Act (TCPA), 47 USC 227, is enforced by the FCC and gives consumers a private right of action with statutory damages of $500 to $1,500 per call ^[3]. The TSR, enforced by the FTC, gives consumers no direct right to sue. Only the FTC and state AGs bring TSR claims.

That distinction shapes your litigation risk. TCPA class actions are common because the private right of action makes them attractive to plaintiffs' attorneys. TSR enforcement is regulatory. But a TSR violation can feed an FTC investigation that runs alongside a TCPA class action, so treating them as unrelated is a mistake.

On consent, the FCC's definition of prior express written consent for TCPA purposes sits in 47 CFR 64.1200(f)(9) ^[7]. The TSR's consent standard for robocalls at 310.4(b)(1)(v) is similar but not identical in every detail. The safe move is to get consent that satisfies both at once: a signed written agreement that names the seller, names the phone number, and states that autodialed or prerecorded calls may be made.

LeadCompliant's free consent language checker runs your current opt-in copy against both the TSR and TCPA standards to spot gaps before a regulator does.

For teams building cold calling scripts, bake the TSR disclosure requirements into the script template. Do not leave them to individual reps.

What is the TSR's established business relationship exemption?

The TSR's established business relationship (EBR) exemption lives at 16 CFR 310.2(n) ^[1]. An EBR exists when:

• The consumer made a purchase, lease, or rental from the seller within the 18 months before the call, or
• The consumer made an inquiry or application with the seller within the three months before the call

If either is true, the seller can call that consumer even when the number appears on the National DNC Registry, as long as the consumer has not asked the seller specifically not to call.

The EBR does not override an internal DNC request. If a consumer said "don't call me" directly to your company, you cannot call them under EBR even if they bought from you last week. The personal request wins.

One common misconception: the EBR exemption under the TSR does not automatically apply under TCPA. The FCC eliminated the TCPA EBR exemption for calls to wireless numbers in 2012. These are separate rules. TSR EBR lets you call a landline on the national registry. TCPA still requires consent for autodialed or prerecorded calls to wireless numbers regardless of any business relationship.

Another mistake is assuming an EBR from a lead vendor or affiliate flows to you. It does not. The EBR has to be between the seller making the call and the specific consumer being called.

How often is the TSR updated and what changed most recently?

The TSR has been amended several times since its original 1995 publication ^[1]. The major changes:

• 2003: DNC Registry created; robocall restrictions tightened
• 2010: Restrictions on advance fee debt relief services added
• 2012: B2B exemption clarifications; upsell rules tightened
• 2015: Restrictions on cash-to-cash money transfers added
• 2021 to 2024: The FTC proposed significant amendments addressing impersonation fraud, with final rulemaking extending into 2023 and 2024

As of mid-2025, the FTC's active rulemaking around government and business impersonation (16 CFR Part 461) adds new restrictions that sit next to, but separate from, the TSR. Sellers whose callers imply a government affiliation face exposure under both the TSR and the impersonation rule.

The eCFR version at ecfr.gov reflects all current amendments in real time ^[2]. For teams that need a printed reference, download a fresh copy quarterly rather than trusting a PDF that was correct six months ago and may be stale now.

The FTC's press and rulemaking pages list open and completed proceedings, so you can see what is in the pipeline before it goes final ^[6].

What do small outbound teams actually need to do to comply?

Compliance for a small outbound team is not that complicated once you break it into concrete obligations instead of reading the full PDF in one sitting.

The non-negotiables:

1. Scrub your call lists against the National DNC Registry every 31 days. Pay for access. It is $72 for five area codes ^[4]. Skipping this is not a cost saving. It is the most common TSR violation.

2. Keep an internal DNC list. Every time a consumer asks not to be called, log it with a timestamp and suppress that number for at least five years.

3. Open every outbound call with your required disclosures: who you are, why you are calling, what you are selling. Do not pitch first.

4. Never call before 8 a.m. or after 9 p.m. in the consumer's time zone.

5. If you use prerecorded messages, get signed written consent before the call, not during it.

6. Train your reps on the abusive conduct prohibitions. Threatening, profane, or harassing language is a violation, and the rep's conduct is attributed to the seller.

Beyond those six, TSR compliance is mostly about not being deceptive. If your pitch is accurate, your disclosures are timely, and your billing is authorized, you cover most of the rule. The companies that land in FTC press releases are almost never small shops that made an honest process error. They are operations that knew the rules and ignored them at scale.

LeadCompliant's compliance kit bundles a DNC scrubbing workflow, a call script disclosure checklist, and consent language templates built against TSR and TCPA requirements. It is a reasonable starting point for a team without dedicated legal counsel.

For a broader picture of what what is cold calling in sales means legally, that reference covers the full regulatory landscape alongside the practical sales context.

Frequently asked questions

Is the Telemarketing Sales Rule a PDF I can download for free?

Yes. The FTC publishes the full TSR text for free in its legal library at ftc.gov. The eCFR at ecfr.gov also has the current version of 16 CFR Part 310 in a printable format at no cost. No purchase required. The FTC also publishes a separate compliance guide in PDF form, which reads easier but is not the regulation itself.

What is the difference between the TSR and the TCPA?

The TSR (FTC, 16 CFR Part 310) governs telemarketing conduct: disclosures, DNC compliance, prohibited tactics, and payment restrictions. The TCPA (FCC, 47 USC 227) governs the technology used to make calls: autodialers, prerecorded messages, and text messages. The FTC enforces the TSR; the FCC enforces TCPA. Consumers can sue privately under TCPA but not under the TSR. Both can apply to the same call.

Does the TSR apply to B2B telemarketing calls?

Generally no. Section 310.6(b)(7) exempts calls to a business unless the call involves a nondurable office or cleaning supply seller. B2B calls sit largely outside the TSR's scope. TCPA still applies to autodialed or prerecorded calls to business cell phones, and state laws may cover B2B telemarketing separately. The exemption is for the TSR only, not for all federal telemarketing law.

What calling hours does the Telemarketing Sales Rule require?

Section 310.4(c) prohibits outbound telemarketing calls before 8 a.m. or after 9 p.m. local time at the consumer's location. Local time means the consumer's time zone, not the caller's. Calling a New York consumer at 8:45 p.m. Eastern from a California call center is fine. Calling that same consumer at 6:00 a.m. Eastern because it is 3:00 a.m. in California is a violation.

How much can the FTC fine a company for TSR violations?

The FTC can seek civil penalties up to $51,744 per violation as of 2024, adjusted periodically for inflation under federal law. Each illegal call can count as a separate violation. The FTC has obtained settlements ranging from a few million dollars for smaller operations to $100 million in major cases like Benefytt Technologies in 2022. Individual officers can also be held personally liable.

How often do I need to scrub against the National DNC Registry?

The TSR requires call lists to be scrubbed against the National DNC Registry no more than 31 days before any call is made. In practice, most compliant teams scrub weekly or biweekly during active campaigns. Registry access costs $72 for up to five area codes or $18,044 for unlimited access annually as of 2024. There is no exception for cost.

Does the TSR cover text messages and SMS?

The TSR was written for voice calls and does not explicitly cover SMS. The TCPA and FCC regulations do cover text messages sent via automated systems. Many states also treat marketing texts as telemarketing. If you send promotional SMS, TCPA and state law are your primary compliance frameworks, not the TSR, though the FTC has signaled interest in expanding its reach to digital communications.

What is an established business relationship under the TSR?

Under 16 CFR 310.2(n), an EBR exists when a consumer purchased from you within the past 18 months or made an inquiry within the past three months. An EBR lets you call that consumer even if their number is on the National DNC Registry, unless they told your company specifically not to call. An EBR from a third-party lead vendor does not count. The relationship must be between your company and the consumer directly.

What disclosures are required at the start of a telemarketing call under the TSR?

Section 310.4(d) requires that, promptly after the call connects, the telemarketer disclose the seller's identity, that the purpose of the call is to sell goods or services, and the nature of what is being sold. These disclosures must come before any sales pitch begins. Skipping them or delivering them after you have started selling is a violation even if the rest of the call is fully truthful.

Can I use a prerecorded message for outbound sales calls under the TSR?

Only with prior express written consent from the consumer. Section 310.4(b)(1)(v) requires a signed written agreement (electronic is fine) obtained before the call that specifically authorizes prerecorded calls from your company to the consumer's number. Every prerecorded message must also include an automated opt-out mechanism that works in real time. There is no implied consent exception for robocalls under the TSR.

What payment methods are prohibited under the Telemarketing Sales Rule?

Section 310.4(a)(6) prohibits sellers from requesting or accepting cash-to-cash money transfers, cash reload mechanism payments, and remotely created payment orders. These restrictions were added after the FTC found fraudulent telemarketers favored these methods because they are hard for consumers to reverse. Standard credit card and ACH payments are permitted, provided the seller obtains express verifiable authorization before charging.

Do I need a written consent record for every customer I call?

Not for every call. Written consent is specifically required before making robocalls or prerecorded message calls. For live-agent calls to numbers not on the DNC registry, you need a legal basis to call (no prior consent required unless the number is on DNC or the consumer previously opted out). If you are calling DNC-registered numbers, you need either an EBR or express consent. Documenting whichever basis you rely on is essential for any audit or investigation.

Are nonprofit charitable solicitation calls covered by the TSR?

Yes, partially. The TSR covers calls soliciting charitable contributions, beyond commercial sales. Charitable solicitation calls must comply with the TSR's do-not-call provisions, caller ID requirements, and prohibited conduct rules. Registered nonprofits calling on their own behalf have some added considerations, but third-party telemarketers calling on behalf of charities are fully subject to the TSR.

What is the TSR telemarketing sales rule summary in plain English?

The TSR tells outbound sellers: call only between 8 a.m. and 9 p.m. local time, identify yourself and your purpose immediately, never call DNC-registered numbers without an EBR or consent, get written consent before robocalling, do not use deceptive claims or prohibited payment methods, honor any do-not-call request for five years, and keep records that prove you did all of the above. Violations cost up to $51,744 per call.

Sources

1. FTC, Telemarketing Sales Rule (16 CFR Part 310): Full text of the TSR including calling hours, disclosure requirements, DNC obligations, robocall consent rules, and payment restrictions
2. eCFR, Title 16 CFR Part 310 (Telemarketing Sales Rule, current version): Continuously updated version of 16 CFR Part 310 reflecting all current amendments
3. FTC, National Do Not Call Registry (donotcall.gov): Registry access pricing ($72 for up to five area codes; $18,044 for unlimited access annually in 2024) and 31-day scrubbing requirement
4. FTC, Federal Trade Commission Act civil penalty authority (15 USC 45(m)): Maximum civil penalty of $51,744 per TSR violation as of 2024, adjusted for inflation under federal law
5. FTC, Press Releases: Enforcement outcomes including Benefytt Technologies ($100 million, 2022), Publishers Clearing House ($18.5 million, 2023), and Vonage ($100 million, 2022), plus open and completed telemarketing rulemaking proceedings
6. eCFR, Title 16 (FTC regulations index): FTC's telemarketing regulations including 16 CFR Part 310 and the impersonation rule at 16 CFR Part 461
7. FTC, Complying with the Telemarketing Sales Rule (compliance guide): FTC's plain-language compliance guide for the TSR, covering established business relationship, required disclosures, and DNC obligations
8. US Supreme Court, Facebook Inc. v. Duguid, 592 U.S. 395 (2021): Supreme Court's 2021 ruling narrowing the TCPA autodialer definition, creating ongoing uncertainty about AI-driven dialers