[Code of Federal Regulations]
[Title 16, Volume 1]
[Revised as of January 1, 2006]
From the U.S. Government Printing Office via GPO Access
[CITE: 16CFR310.6]

[Page 376-377]
 
                     TITLE 16--COMMERCIAL PRACTICES
 
                   CHAPTER I--FEDERAL TRADE COMMISSION
 
PART 310_TELEMARKETING SALES RULE--Table of Contents
 
Sec. 310.6  Exemptions.

    (a) Solicitations to induce charitable contributions via outbound 
telephone calls are not covered by Sec. 310.4(b)(1)(iii)(B) of this 
Rule.
    (b) The following acts or practices are exempt from this Rule:
    (1) The sale of pay-per-call services subject to the Commission's 
Rule entitled ``Trade Regulation Rule Pursuant to the Telephone 
Disclosure and Dispute Resolution Act of 1992,'' 16 CFR Part 308, 
provided, however, that this

[[Page 377]]

exemption does not apply to the requirements of Sec. Sec. 310.4(a)(1), 
(a)(7), (b), and (c);
    (2) The sale of franchises subject to the Commission's Rule entitled 
``Disclosure Requirements and Prohibitions Concerning Franchising and 
Business Opportunity Ventures,'' (``Franchise Rule'') 16 CFR Part 436, 
provided, however, that this exemption does not apply to the 
requirements of Sec. Sec. 310.4(a)(1), (a)(7), (b), and (c);
    (3) Telephone calls in which the sale of goods or services or 
charitable solicitation is not completed, and payment or authorization 
of payment is not required, until after a face-to-face sales or donation 
presentation by the seller or charitable organization, provided, 
however, that this exemption does not apply to the requirements of Sec. 
Sec. 310.4(a)(1), (a)(7), (b), and (c);
    (4) Telephone calls initiated by a customer or donor that are not 
the result of any solicitation by a seller, charitable organization, or 
telemarketer, provided, however, that this exemption does not apply to 
any instances of upselling included in such telephone calls;
    (5) Telephone calls initiated by a customer or donor in response to 
an advertisement through any medium, other than direct mail 
solicitation, provided, however, that this exemption does not apply to 
calls initiated by a customer or donor in response to an advertisement 
relating to investment opportunities, business opportunities other than 
business arrangements covered by the Franchise Rule, or advertisements 
involving goods or services described in Sec. Sec. 310.3(a)(1)(vi) or 
310.4(a)(2)-(4); or to any instances of upselling included in such 
telephone calls;
    (6) Telephone calls initiated by a customer or donor in response to 
a direct mail solicitation, including solicitations via the U.S. Postal 
Service, facsimile transmission, electronic mail, and other similar 
methods of delivery in which a solicitation is directed to specific 
address(es) or person(s), that clearly, conspicuously, and truthfully 
discloses all material information listed in Sec. 310.3(a)(1) of this 
Rule, for any goods or services offered in the direct mail solicitation, 
and that contains no material misrepresentation regarding any item 
contained in Sec. 310.3(d) of this Rule for any requested charitable 
contribution; provided, however, that this exemption does not apply to 
calls initiated by a customer in response to a direct mail solicitation 
relating to prize promotions, investment opportunities, business 
opportunities other than business arrangements covered by the Franchise 
Rule, or goods or services described in Sec. Sec. 310.3(a)(1)(vi) or 
310.4(a)(2)-(4); or to any instances of upselling included in such 
telephone calls; and
    (7) Telephone calls between a telemarketer and any business, except 
calls to induce the retail sale of nondurable office or cleaning 
supplies; provided, however, that Sec. 310.4(b)(1)(iii)(B) and Sec. 
310.5 of this Rule shall not apply to sellers or telemarketers of 
nondurable office or cleaning supplies.