The Telemarketing Sales Rule (TSR): what outreach teams must know
The Telemarketing Sales Rule is the FTC's rule governing telemarketing calls. It sits alongside the TCPA and covers required disclosures, honoring the Do Not Call registry and company-specific requests, permitted calling hours, prohibited misrepresentations and abusive practices, and record-keeping. If you do outbound sales calls, you generally need to comply with both the TSR and the TCPA.
Outreach teams often treat "TCPA" as shorthand for all telemarketing rules, but there is a second major framework: the Telemarketing Sales Rule (TSR), enforced by the Federal Trade Commission. The two overlap but are not the same, and if you make outbound sales calls you generally need to satisfy both. This guide covers the TSR's core requirements at a framework level. It is general information, not legal advice; your compliance team should confirm how it applies to your specific calling.
TSR vs TCPA — how they differ
- The TCPA is a statute primarily enforced through the FCC and, importantly, through private lawsuits by recipients (with per-message statutory damages).
- The TSR is a rule issued and enforced by the FTC (and state attorneys general), focused on telemarketing practices and consumer deception.
They cover overlapping ground — Do Not Call, calling hours, consent — but the TSR adds detailed rules about how you sell, not just whether you may call. Compliance with one does not guarantee compliance with the other.
Core TSR requirements
Required disclosures
The TSR requires telemarketers to make certain disclosures promptly and clearly. In a sales call this generally includes identifying that the call is a sales call, on behalf of which seller, and the nature of the goods or services — before making a pitch. Material terms of any offer (cost, key conditions) must be disclosed truthfully.
Do Not Call
The TSR requires honoring the National Do Not Call Registry and company-specific do-not-call requests. Scrubbing against the registry and maintaining your own internal suppression list are both expected. (See our guides on the DNC registry and internal Do Not Call lists.)
Calling hours
The TSR restricts telemarketing calls to permitted hours — the commonly cited window is 8:00 a.m. to 9:00 p.m. in the called party's local time. This mirrors the timing expectations most teams already follow.
Prohibited misrepresentations and abusive practices
The TSR prohibits misrepresenting material facts about the product, price, or terms, and bars a range of abusive practices — for example, certain deceptive tactics and harassment. The through-line is that the offer must be truthful and the manner of calling must not be abusive.
Record-keeping
The TSR includes record-keeping expectations. Keeping organized records — of your scripts and disclosures, consent, do-not-call requests, and calling activity — supports both TSR and TCPA defensibility.
Exemptions and scope — check carefully
The TSR's scope, and its various exemptions, can be nuanced. Some categories of calls or callers are treated differently, and the details matter. Do not assume you are exempt based on a general impression; confirm your status with counsel, because getting scope wrong is a costly place to be wrong.
Practical checklist for outreach teams
- Disclose early and truthfully — who you are, that it is a sales call, and the material terms.
- Scrub against the national DNC registry and honor company-specific requests via an internal list.
- Call only within permitted hours, using the recipient's local time.
- Keep scripts honest — no misrepresenting price, terms, or the nature of the offer.
- Maintain records you can produce, including consent and suppression history.
How Fivra supports TSR-aligned calling
Fivra's power dialer plus its compliance layer support the operational side: DNC screening runs before contacts are called, opt-out and do-not-call requests suppress account-wide, and screening and call activity is written to exportable audit logs that support record-keeping. What the platform cannot do is write your disclosures or vet your scripts for truthfulness — that content, and your legal compliance, remains your responsibility. This is general information, not legal advice.
FAQ
What is the Telemarketing Sales Rule?
The TSR is a rule issued and enforced by the FTC (and state attorneys general) that governs telemarketing calls, covering disclosures, Do Not Call, calling hours, prohibited misrepresentations and abusive practices, and record-keeping.
How is the TSR different from the TCPA?
The TCPA is a statute enforced through the FCC and private lawsuits with per-message damages, while the TSR is an FTC rule focused on telemarketing practices and consumer deception. They overlap but are distinct, and outbound sales calls generally must satisfy both.
What disclosures does the TSR require?
Generally, a telemarketer must promptly and clearly identify that the call is a sales call, on whose behalf, and the nature of the goods or services, and must disclose material terms truthfully before closing a sale. Confirm the specifics for your calls with counsel.
Does the TSR require honoring the Do Not Call registry?
Yes. The TSR requires honoring the National Do Not Call Registry and company-specific do-not-call requests, which is why scrubbing and an internal suppression list are both expected.
Am I exempt from the TSR?
Maybe, but do not assume it. The TSR's scope and exemptions are nuanced and the details matter. Confirm your status with counsel rather than relying on a general impression.
How does Fivra help with TSR compliance?
Fivra's dialer and compliance controls — pre-call DNC screening, account-wide opt-out suppression, and exportable audit logs — support the operational and record-keeping side. Writing accurate disclosures and honest scripts, and ensuring legal compliance, is your responsibility. This is not legal advice.
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