Page:United States Statutes at Large Volume 108 Part 2.djvu/829

 PUBLIC LAW 103-297—AUG. 16, 1994 108 STAT. 1545 Public Law 103-297 103d Congress An Act To strengthen the authority of the Federal Trade Commission to protect consumers in connection with sales made with a telephone, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the 'Telemarketing and Consumer Fraud and Abuse Prevention Act". SEC. 2. FINDINGS. The Congress makes the following findings: (1) Telemarketing differs from other sales activities in that it can be carried out by sellers across State lines without direct contact with the consumer. Telemarketers also can be very mobile, easily moving from State to State. (2) Interstate telemarketing fraud has become a problem of such magnitude that the resources of the Federal Trade Commission are not sufficient to ensure adequate consumer protection from such fraud. (3) Consumers and others are estimated to lose $40 billion a year in telemarketing fraud. (4) Consumers are victimized by other forms of telemarketing deception and abuse. (5) Consequently,, Congress should enact legislation that will offer consumers necessary protection from telemarketing deception and abuse. SEC. 3. TELEMARKETING RULES. (a) IN GENERAL.— (1) The Commission shall prescribe rules prohibiting deceptive telemarketing acts or practices and other abusive telemarketing acts or practices. (2) The Commission shall include in such rules respecting deceptive telemarketing acts or practices a definition of deceptive telemarketing acts or practices which may include acts or practices of entities or individuals that assist or facilitate deceptive telemarketing, including credit card laundering. (3) The Commission shall include in such rules respecting other abusive telemarketing acts or practices— (A) a requirement that telemarketers may not undertake a pattern of unsolicited telephone calls which the reasonable consumer would consider coercive or abusive of such consumer's right to privacy. Aug. 16, 1994 [H.R. 868] Telemarketing and Consumer Fraud and Abuse Prevention Act. 15 USC 6101 note. 15 USC 6101. 15 USC 6102.

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