Get ready. It’s almost Store Your Records Day for telemarketers everywhere. You’re probably asking, what do telemarketers have to do with folks lining up outside of their local record stores to buy limited edition vinyl releases? Doesn’t Record Store Day happen in April and November? And, importantly, will there ever be a release that compares to the vinyl edition of Taylor Swift’s Long Pond Studio Sessions or Olivia Rodrigo’s Secret Tracks? Well, October 15 is a different kind of record store day. It’s the day that the Telemarketing Sales Rule (TSR) will begin requiring sellers and telemarketers to store the records of their telemarketing calls (insert drum riff here).
Here's what you need to know. Earlier this year, the FTC updated the TSR’s recordkeeping requirements. The Federal Register Notice has the details, and a lot of those requirements are already in effect. But starting October 15, sellers and telemarketers must – if they’re not already – begin keeping call detail records. This includes information about:
- The identity of the telemarketer that placed the call, and the identity of the seller or person for whom the call was placed.
- The good or service that was the subject of the call.
- The calling number, called number, date, time, and duration of the call.
- The caller identification number transmitted and proof that the telemarketer was authorized to display that caller ID number.
- The disposition of the call including whether it was answered, connected, or transferred.
While you’re celebrating, take a minute to make sure you’re also complying with the requirements that went into effect in May. That is, make sure you’re in the habit of keeping, among other things:
- Copies of promotional materials, telemarketing scripts, and prerecorded messages.
- Customer records and records of certain prize recipients, including the names, telephone numbers, physical or email addresses, product purchased, and the date and amount of purchase or prize awarded.
- Records of people the seller says it can call because it has an established business relationship with them, or they are previous donors to a charity.
- Names and telephone numbers of people who consented to receiving calls, and a copy of the request for consent.
- A record of all service providers a telemarketer uses to make telemarketing calls.
- A record of the version of the Do Not Call Registry the telemarketer accessed, with certain details of the access attempt.
- A record of people who asked the telemarketer to stop calling them.
Keep in mind:
- Records must be retained for 5 years.
- If there’s no contract between sellers and telemarketers dividing up recordkeeping responsibilities, both are responsible for keeping all the records.
- Failing to keep each record is a violation of the Telemarketing Sales Rule, and you may be liable.
And to answer your last question, it seems unlikely that anything will ever compare to Taylor Swift and Olivia Rodrigo’s releases, but I guess you never know.