Telemarketing Sales Rule Fees

CourtFederal Trade Commission
Citation88 FR 57333
Published date23 August 2023
Record Number2023-18085
SectionRules and Regulations
Federal Register, Volume 88 Issue 162 (Wednesday, August 23, 2023)
[Federal Register Volume 88, Number 162 (Wednesday, August 23, 2023)]
                [Rules and Regulations]
                [Pages 57333-57334]
                From the Federal Register Online via the Government Publishing Office []
                [FR Doc No: 2023-18085]
                16 CFR Part 310
                RIN 3084-AA98
                Telemarketing Sales Rule Fees
                AGENCY: Federal Trade Commission.
                ACTION: Final rule.
                SUMMARY: The Federal Trade Commission (``Commission'') is amending its
                Telemarketing Sales Rule (``TSR'') by updating the fees charged to
                entities accessing the National Do Not Call Registry (``Registry'') as
                required by the Do-Not-Call Registry Fee Extension Act of 2007.
                DATES: This final rule is effective October 1, 2023.
                ADDRESSES: Copies of this document are available on the internet at the
                Commission's website:
                FOR FURTHER INFORMATION CONTACT: Ami Joy Dziekan (202) 326-2648, Bureau
                of Consumer Protection, Federal Trade Commission, 600 Pennsylvania
                Avenue NW, Room CC-9225, Washington, DC 20580.
                SUPPLEMENTARY INFORMATION: To comply with the Do-Not-Call Registry Fee
                Extension Act of 2007 (15 U.S.C. 6152) (the ``Act''), the Commission is
                amending the TSR, which is contained in 16 CFR part 310, by updating
                the fees entities are charged for accessing the Registry. Specifically,
                the revised rule increases (1) the annual fee for access to the
                Registry for each area code of data from $75 to $78 per area code, and
                (2) the maximum amount that will be charged to any single entity for
                accessing area codes of data from $20,740 to $21,402. Entities may add
                area codes during the second six months of their annual subscription
                period, and the fee for those additional area codes increases from $38
                to $39.
                 These increases are in accordance with the Act, which specifies
                that beginning after fiscal year 2009, the dollar amounts charged shall
                be increased by an amount equal to the amounts specified in the Act,
                multiplied by the percentage (if any) by which the average of the
                monthly consumer price index (for all urban consumers published by the
                Department of Labor) (``CPI'') for the most recently ended 12-month
                period ending on June 30 exceeds the CPI for the 12-month period ending
                June 30, 2008. The Act also states any increase shall be rounded to the
                nearest dollar and there shall be no increase in the dollar amounts if
                the change in the CPI since the last fee increase is less than one
                percent. For fiscal year 2009, the Act specified that the original
                annual fee for access to the Registry for each area code of data was
                $54 per area code, or $27 per area code of data during the second six
                months of an entity's annual subscription period, and that the maximum
                amount that would be charged to any single entity for accessing area
                codes of data would be $14,850.
                 The determination of whether a fee change is required and the
                amount of the fee changes involves a two-step process. First, to
                determine whether a fee change is required, we measure the change in
                the CPI from the time of the previous increase in fees. There was an
                increase in the fees for fiscal year 2023. Accordingly, we calculated
                the change in the CPI since last year, and the increase was 3.0
                percent. Because this change is over the one percent threshold, the
                fees will change for fiscal year 2024.
                 Second, to determine how much the fees should increase this fiscal
                year, we use the calculation specified by the Act set forth above: the
                percentage change in the baseline CPI applied to the original fees for
                fiscal year 2009. The average value of the CPI for July 1, 2007, to
                June 30, 2008, was 211.702; the average value for July 1, 2022, to June
                30, 2023, was 305.109, an increase of 44.12 percent. Applying the 44.12
                percent increase to the base amount from fiscal year 2009, leads to a
                $78 fee for access to a single area code of data for a full year for
                fiscal year 2024, an increase of $3 from last year. The actual amount
                is $77.83 but when rounded, pursuant to the Act, $78 is the appropriate
                fee. The fee for accessing an additional area code for a half year
                increases by one dollar to $39 (rounded from $38.91). The maximum
                [[Page 57334]]
                amount charged increases to $21,402 (rounded from $21,402.11).
                 Administrative Procedure Act; Regulatory Flexibility Act; Paperwork
                Reduction Act. Under the Administrative Procedure Act (5 U.S.C.
                553(b)), an agency may waive the normal notice and comment requirements
                if it finds, for good cause, that they are impracticable, unnecessary,
                or contrary to the public interest. The fee adjustments set forth in
                this final rule are mandated by the Do-Not-Call Registry Fee Extension
                Act of 2007. Accordingly, the amendments to the TSR are merely
                technical in nature, making notice and comment unnecessary and contrary
                to the public interest. See 5 U.S.C. 553(b). For this reason, the
                requirements of the Regulatory Flexibility Act also do not apply. See 5
                U.S.C. 603, 604.
                 Pursuant to the Paperwork Reduction Act, 44 U.S.C. 3501-3521, the
                Office of Management and Budget (``OMB'') approved the information
                collection requirements in the TSR and assigned the following existing
                OMB Control Number: 3084-0169. The amendments outlined in this final
                rule pertain only to the fee provision (Sec. 310.8) of the TSR and
                will not establish or alter any record keeping, reporting, or third-
                party disclosure requirements elsewhere in the TSR.
                List of Subjects in 16 CFR Part 310
                 Advertising, Consumer protection, Reporting and recordkeeping
                requirements, Telephone, Trade practices.
                 Accordingly, the Federal Trade Commission amends part 310 of title
                16 of the Code of Federal Regulations as follows:
                1. The authority citation for part 310 continues to read as follows:
                 Authority: 15 U.S.C. 6101-6108; 15 U.S.C. 6151-6155.
                Sec. 310.8 [Amended]
                2. In Sec. 310.8:
                a. Amend paragraph (c) by:
                i. Removing ``$75'' and adding ``$78'' in its place; and
                ii. Removing ``$20,740'' and adding ``$21,402'' in its place;
                b. Amend paragraph (d) by:
                i. Removing ``$75'' and adding ``$78'' in its place; and
                ii. Removing ``$38'' and adding ``$39'' in its place.
                 By direction of the Commission.
                April J. Tabor,
                [FR Doc. 2023-18085 Filed 8-22-23; 8:45 am]
                BILLING CODE 6750-01-P

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