---
kind: "section"
citation: "15 U.S.C. § 6102"
title: "15"
title_heading: "Commerce and Trade"
number: "6102"
heading: "Telemarketing rules"
release: "119-102"
date: "2026-07-12"
url: "https://uscodex.org/usc/15/6102"
units:
  - "Chapter 87 — Telemarketing and Consumer Fraud and Abuse Prevention"
---

# §6102. Telemarketing rules

- (a) **In general—**
  - (1) The [Commission](/usc/15/6106.md?p=2) shall prescribe rules prohibiting deceptive [telemarketing](/usc/15/6106.md?p=4) acts or practices and other abusive [telemarketing](/usc/15/6106.md?p=4) acts or practices.
  - (2) The [Commission](/usc/15/6106.md?p=2) shall include in such rules respecting deceptive [telemarketing](/usc/15/6106.md?p=4) acts or practices a definition of deceptive [telemarketing](/usc/15/6106.md?p=4) acts or practices which shall include fraudulent charitable solicitations, and which may include acts or practices of entities or individuals that assist or facilitate deceptive [telemarketing](/usc/15/6106.md?p=4), including credit card laundering.
  - (3) The [Commission](/usc/15/6106.md?p=2) shall include in such rules respecting other abusive [telemarketing](/usc/15/6106.md?p=4) 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,
    - (B) restrictions on the hours of the day and night when unsolicited telephone calls can be made to consumers,
    - (C) a requirement that any [person](/usc/15/7a.md?p=6) engaged in [telemarketing](/usc/15/6106.md?p=4) for the sale of goods or services shall promptly and clearly disclose to the [person](/usc/15/7a.md?p=6) receiving the call that the purpose of the call is to sell goods or services and make such other disclosures as the [Commission](/usc/15/6106.md?p=2) deems appropriate, including the nature and price of the goods and services;[^1] and
    - (D) a requirement that any [person](/usc/15/7a.md?p=6) engaged in [telemarketing](/usc/15/6106.md?p=4) for the solicitation of charitable contributions, donations, or gifts of money or any other thing of value, shall promptly and clearly disclose to the [person](/usc/15/7a.md?p=6) receiving the call that the purpose of the call is to solicit charitable contributions, donations, or gifts, and make such other disclosures as the [Commission](/usc/15/6106.md?p=2) considers appropriate, including the name and mailing address of the charitable organization on behalf of which the solicitation is made.

    In prescribing the rules described in this paragraph, the [Commission](/usc/15/6106.md?p=2) shall also consider recordkeeping requirements.

- (b) **Rulemaking authority—** The [Commission](/usc/15/6106.md?p=2) shall have authority to prescribe rules under [subsection (a)](#a), in accordance with [section 553 of title 5](/usc/5/553.md). In prescribing a rule under this section that relates to the provision of a consumer financial product or service that is subject to the Consumer Financial Protection Act of 2010, including any enumerated consumer law thereunder, the [Commission](/usc/15/6106.md?p=2) shall consult with the Bureau of Consumer Financial Protection regarding the consistency of a proposed rule with standards, purposes, or objectives administered by the Bureau of Consumer Financial Protection.
- (c) **Violations—** Any violation of any rule prescribed under [subsection (a)](#a)—
  - (1) shall be treated as a violation of a rule under [section 57a of this title](/usc/15/57a.md) regarding unfair or deceptive acts or practices; and
  - (2) that is committed by a [person](/usc/15/7a.md?p=6) subject to the Consumer Financial Protection Act of 2010 shall be treated as a violation of a rule under section 1031 of that Act [[12 U.S.C. 5531](/usc/12/5531.md)] regarding unfair, deceptive, or abusive acts or practices.
- (d) **Securities and Exchange Commission rules—**
  - (1) **Promulgation—**
    - (A) **In general—** Except as provided in [subparagraph (B)](#d-1-B), not later than 6 months after the effective date of rules promulgated by the Federal Trade [Commission](/usc/15/6106.md?p=2) under [subsection (a)](#a), the Securities and Exchange [Commission](/usc/15/6106.md?p=2) shall promulgate, or require any national securities exchange or registered securities association to promulgate, rules substantially similar to such rules to prohibit deceptive and other abusive [telemarketing](/usc/15/6106.md?p=4) acts or practices by [persons](/usc/15/7a.md?p=6) described in [paragraph (2)](#d-2).
    - (B) **Exception—** The Securities and Exchange [Commission](/usc/15/6106.md?p=2) is not required to promulgate a rule under [subparagraph (A)](#d-1-A) if it determines that—
      - (i) Federal securities laws or rules adopted by the Securities and Exchange [Commission](/usc/15/6106.md?p=2) thereunder provide protection from deceptive and other abusive [telemarketing](/usc/15/6106.md?p=4) by [persons](/usc/15/7a.md?p=6) described in [paragraph (2)](#d-2) substantially similar to that provided by rules promulgated by the Federal Trade [Commission](/usc/15/6106.md?p=2) under [subsection (a)](#a); or
      - (ii) such a rule promulgated by the Securities and Exchange [Commission](/usc/15/6106.md?p=2) is not necessary or appropriate in the public interest, or for the protection of investors, or would be inconsistent with the maintenance of fair and orderly markets.

      If the Securities and Exchange [Commission](/usc/15/6106.md?p=2) determines that an exception described in clause [(i)](#d-1-B-i) or [(ii)](#d-1-B-ii) applies, the Securities and Exchange [Commission](/usc/15/6106.md?p=2) shall publish in the Federal Register its determination with the reasons for it.

  - (2) **Application—**
    - (A) **In general—** The rules promulgated by the Securities and Exchange [Commission](/usc/15/6106.md?p=2) under [paragraph (1)(A)](#d-1-A) shall apply to a broker, dealer, transfer agent, municipal securities dealer, municipal securities broker, government securities broker, government securities dealer, investment adviser or investment company, or any individual associated with a broker, dealer, transfer agent, municipal securities dealer, municipal securities broker, government securities broker, government securities dealer, investment adviser or investment company. The rules promulgated by the Federal Trade [Commission](/usc/15/6106.md?p=2) under [subsection (a)](#a) shall not apply to [persons](/usc/15/7a.md?p=6) described in the preceding sentence.
    - (B) **Definitions—** For purposes of [subparagraph (A)](#d-2-A)—
      - (i) the terms “broker”, “dealer”, “transfer agent”, “municipal securities dealer”, “municipal securities broker”, “government securities broker”, and “government securities dealer” have the meanings given such terms by paragraphs (4), (5), (25), (30), (31), (43), and (44) of [section 78c(a) of this title](/usc/15/78c.md?p=a);
      - (ii) the term “investment adviser” has the meaning given such term by [section 80b–2(a)(11) of this title](/usc/15/80b–2.md?p=a-11); and
      - (iii) the term “investment company” has the meaning given such term by [section 80a–3(a) of this title](/usc/15/80a–3.md?p=a).
- (e) **Commodity Futures Trading Commission rules—**
  - (1) **Application—** The rules promulgated by the Federal Trade [Commission](/usc/15/6106.md?p=2) under [subsection (a)](#a) shall not apply to [persons](/usc/15/7a.md?p=6) described in [section 9b(1) of title 7](/usc/7/9b.md?p=1).
  - (2) **Omitted—**

## Footnotes

[^1]: So in original. The semicolon probably should be a comma.

## Source credit

(Pub. L. 103–297, § 3, Aug. 16, 1994, 108 Stat. 1545; Pub. L. 107–56, title X, § 1011(b)(1), (2), Oct. 26, 2001, 115 Stat. 396; Pub. L. 111–203, title X, § 1100C(a), July 21, 2010, 124 Stat. 2110.)

## Notes

### Editorial Notes

### References in Text

The Consumer Financial Protection Act of 2010, referred to in subsecs. (b) and (c)(2), is title X of Pub. L. 111–203, July 21, 2010, 124 Stat. 1955, which enacted subchapter V (§ 5481 et seq.) of chapter 53 of Title 12, Banks and Banking, and enacted and amended numerous other sections and notes in the Code. For complete classification of this Act to the Code, see Short Title note set out under section 5301 of Title 12 and Tables.

### Codification

Section is comprised of section 3 of Pub. L. 103–297. Subsec. (e)(2) of section 3 of Pub. L. 103–297 enacted section 9b of Title 7, Agriculture.

### Amendments

2010—Subsecs. (b), (c). Pub. L. 111–203 added subsecs. (b) and (c) and struck out former subsecs. (b) and (c) which read as follows:

“(b) Rulemaking.—The Commission shall prescribe the rules under subsection (a) of this section within 365 days after August 16, 1994. Such rules shall be prescribed in accordance with section 553 of title 5.

“(c) Enforcement.—Any violation of any rule prescribed under subsection (a) of this section shall be treated as a violation of a rule under section 57a of this title regarding unfair or deceptive acts or practices.”

2001—Subsec. (a)(2). Pub. L. 107–56, § 1011(b)(1), inserted “which shall include fraudulent charitable solicitations, and” before “which may include”.

Subsec. (a)(3)(D). Pub. L. 107–56, § 1011(b)(2), added subpar. (D).

### Statutory Notes and Related Subsidiaries

### Effective Date of 2010 Amendment

Amendment by Pub. L. 111–203 effective on the designated transfer date, see section 1100H of Pub. L. 111–203, set out as a note under section 552a of Title 5, Government Organization and Employees.