---
kind: "section"
citation: "7 U.S.C. § 9b"
title: "7"
title_heading: "Agriculture"
number: "9b"
heading: "Rules prohibiting deceptive and other abusive telemarketing acts or practices"
release: "119-102"
date: "2026-07-12"
url: "https://uscodex.org/usc/7/9b"
units:
  - "Chapter 1 — Commodity Exchanges"
---

# §9b. Rules prohibiting deceptive and other abusive telemarketing acts or practices

- (1) Except as provided in [paragraph (2)](#2), not later than six months after the effective date of rules promulgated by the Federal Trade [Commission](/usc/7/1a.md?p=8) under [section 6102(a) of title 15](/usc/15/6102.md?p=a), the [Commission](/usc/7/1a.md?p=8) shall promulgate, or require each registered futures association to promulgate, rules substantially similar to such rules to prohibit deceptive and other abusive telemarketing acts or practices by any [person](/usc/7/1a.md?p=38) registered or exempt from registration under this chapter in connection with such [person](/usc/7/1a.md?p=38)’s business as a [futures commission merchant](/usc/7/1a.md?p=28-A), [introducing broker](/usc/7/1a.md?p=31-A), [commodity trading advisor](/usc/7/1a.md?p=12-A), [commodity pool operator](/usc/7/1a.md?p=11-A), leverage transaction merchant, [floor broker](/usc/7/1a.md?p=22-A), or [floor trader](/usc/7/1a.md?p=23-A), or a [person](/usc/7/1a.md?p=38) associated with any such [person](/usc/7/1a.md?p=38).
- (2) The [Commission](/usc/7/1a.md?p=8) is not required to promulgate rules under [paragraph (1)](#1) if it determines that—
  - (A) rules adopted by the [Commission](/usc/7/1a.md?p=8) under this chapter provide protection from deceptive and abusive telemarketing by [persons](/usc/7/1a.md?p=38) described under [paragraph (1)](#1) substantially similar to that provided by rules promulgated by the Federal Trade [Commission](/usc/7/1a.md?p=8) under [section 6102(a) of title 15](/usc/15/6102.md?p=a); or
  - (B) such a rule promulgated by the [Commission](/usc/7/1a.md?p=8) is not necessary or appropriate in the public interest, or for the protection of [customers](/usc/7/24.md?p=b) in the futures and [options](/usc/7/1a.md?p=36) [markets](/usc/7/198.md?p=1), or would be inconsistent with the maintenance of fair and orderly [markets](/usc/7/198.md?p=1).

  If the [Commission](/usc/7/1a.md?p=8) determines that an exception described in subparagraph [(A)](#2-A) or [(B)](#2-B) applies, the [Commission](/usc/7/1a.md?p=8) shall publish in the Federal Register its determination with the reasons for it.


## Source credit

(Sept. 21, 1922, ch. 369, § 6(f), as added Pub. L. 103–297, § 3(e)(2), Aug. 16, 1994, 108 Stat. 1547.)

## Notes

### Editorial Notes

### Codification

Section is comprised of subsec. (f) of section 6 of act Sept. 21, 1922. Subsecs. (a) and (b) of section 6 are classified to section 8 of this title. Subsec. (c) of section 6 is classified to section 9 of this title. Subsecs. (d), (e), and (g) of section 6 are classified to sections 13b, 9a, and 9c of this title, respectively.