Announced Action for March 28, 2003

The Commission has granted supplemental petitions from the Direct Marketing Association (DMA) and the American Teleservices Association (ATA) regarding their request to stay the effective date of certain provisions in the Amended Telemarketing Sales Rule (TSR) (the original petitions and the Commission's response to them are available at the Commission's Web site, http://www.ftc.gov/opa/2003/03/fyi0318.htm).

On March 25, 2003, DMA renewed its request for a stay of two components of the TSR's abandoned call safe harbor: 1) the maximum allowable abandonment rate of three percent; and 2) the requirement to keep records showing compliance with the three percent abandonment rate. On March 26, 2003, ATA submitted a similar request that the FTC "revisit its grant of the stay to expand it to encompass all Amended TSR provisions that govern the use of predictive dialers."

Based on these supplemental petitions and supporting DMA affidavits, which are available on the FTC's Web site as a link to this release, the Commission has stayed the compliance date for the amended TSR's regulation concerning abandoned calls and the remaining components of the abandoned call safe harbor (sections 310.4(b)(1)(iv); and 310.4(b)(4)) and corresponding record keeping requirements until October 1, 2003. The Commission vote to grant the supplemental petitions was 5-0. (File No. R411001; staff contact is Michael Goodman, Bureau of Consumer Protection, 202-326-3071).

Copies of the documents mentioned in this release are available from the FTC's Web site at http://www.ftc.gov and also from the FTC's Consumer Response Center, Room 130, 600 Pennsylvania Avenue, N.W., Washington, D.C. 20580. Call toll-free: 1-877-FTC-HELP.