Editing Telemarketing (section)

=== United States ===
Telemarketing in the United States of America is restricted at the federal level by the [[Telephone Consumer Protection Act of 1991]] (TCPA) ({{usc|47|227}}) and the FTC's Telemarketing Sales Rule (TSR). The FCC derives regulatory authority from the TCPA, adopted as CFR 64.1200 and the Telemarketing and Consumer Fraud and Abuse Prevention Act, 15 U.S.C. 6101–6108.<ref>{{cite web |url=http://www.ftc.gov/os/2002/12/tsrfinalrule.pdf |title=Archived copy |access-date=2006-07-20 |url-status=dead |archive-url=https://web.archive.org/web/20060709004801/http://www.ftc.gov/os/2002/12/tsrfinalrule.pdf |archive-date=2006-07-09 }}</ref> Many [[professional association]]s of telemarketers have codes of [[ethics]] and standards that member businesses follow to encourage public confidence.

Some jurisdictions have implemented "Do Not Call" lists through industry organizations or legislation; telemarketers are restricted from initiating contact with participating consumers. Legislative versions often provide for heavy penalties on companies which call individuals on these listings. The U.S. [[Federal Trade Commission]] has implemented a [[National Do Not Call Registry]] in an attempt to reduce intrusive telemarketing nationwide. Telemarketing corporations and trade groups challenged this as a violation of [[commercial speech]] rights.<ref>Miller, Jacqui Brown. [http://reclaimdemocracy.org/corporate_speech/ftc_call_list_legal_analysis.html "''Mainstream Marketing Services, et al. v. Federal Trade Commission'': Resources and Legal Analysis."] ReclaimDemocracy.org. January 20, 2004.</ref> However, the U.S. 10th Circuit Court of Appeals upheld the National Do Not Call Registry on February 17, 2004.<ref>[http://news.findlaw.com/hdocs/docs/ftc/mmsvftc021704opn.html Text of the case and the decision.] FindLaw.</ref>

Companies that use telemarketing as a sales tool are governed by the United States Federal regulations outlined in the TSR (amended on January 29, 2003 originally issued in 1995) and the TCPA. In addition to these Federal regulations, telemarketers calling nationally must also adhere to separate state regulations. Most states have adapted "do not call" files of their own, of which only some states share with the U.S. Federal Do Not Call registry. Each U.S. state also has its own regulations concerning: permission to record, permission to continue, no rebuttaling statutes, Sunday and Holiday calls; as well as the fines and punishments exacted for violations.

September 1, 2009, FTC regulations banning most [[robocall]]s went into effect.

Since many telemarketing calls now originate offshore, beyond the reach of US legal or regulatory agencies, the [[National Do Not Call Registry]] is usually ignored, as well as FTC regulations, and every possible number is called in an area code block.  Some automated services are sophisticated enough to analyze the audio from the answering party, and if it determines that a human did not respond, will call repeatedly until one does or a limit is reached. This may be coupled with a fake Caller ID display ("spoofing") to mislead the call recipient into answering, or even thinking it is a local number calling. These are not actions of legitimate businesses.

Telemarketing techniques are increasingly used in political campaigns. Because of free-speech issues, the laws governing political phone calls are much lesser stringent than those applying to commercial messages. Even so, a number of states have barred or restricted political robocalls.

The [[National Do Not Call Registry]] has helped to substantially curb telemarketing calls to landlines and has also helped with the increasing trend for telemarketers to target mobile phones. As a result, there has been a greater push for mobile applications to help with unwanted calls from telemarketers, like [[PrivacyStar]]. These companies have helped to log thousands of complaints to the DNC Registry, since the inception of the registry itself.<ref>Matt Brownell, The Street. "[http://www.thestreet.com/print/story/11439016.html http://www.thestreet.com/print/story/11439016.html]." March 1, 2012. Retrieved August 27, 2012.</ref>