FTC Approves Telemarketing Rules Expansion; Ferguson Dissents
The FTC, in a 4-1 vote last week, extended the Telemarketing Sales Rule (TSR) to apply to inbound telemarketing calls made for technical support services. Dissenting Commissioner Andrew Ferguson said his vote was "not because [TSR] ... is bad policy,…
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but because the time for rulemaking by the Biden-Harris FTC is over." He added, "The proper role of this lame-duck Commission is not to announce new policies, but to hold down the fort, conduct routine law enforcement, and provide for an orderly transition to the Trump Administration." Ferguson said he will vote against rules that the statute does not require until the transition is complete. In a concurrence, Commissioner Melissa Holyoak said the Democratic majority "has prioritized controversial and unlawful rulemakings" and the agency "should redirect its efforts and resources toward enforcement against fraud and, only where appropriate, rulemakings that ensure the Commission can robustly prosecute fraud and provide consumers redress." She said the TSR amendment fit that bill.