The Telemarketing Sales Rule (TSR) issued by the U.S. Federal Trade Commission (FTC) is a key regulatory document governing marketing calls and marketing text messages in the United States. It complements the FCC’s TCPA statute and primarily regulates pre‑recorded‑voice and AI‑synthesized‑voice marketing calls. Major revisions were completed at the end of 2024, introducing clear constraints on lead‑generation business models.
The TSR establishes a blanket prohibition: in principle, most pre‑recorded automated marketing calls to consumers are banned. AI‑synthesized voice and pre‑recorded voice mail messages are also brought under regulatory scope. To lawfully conduct such marketing calls, businesses must obtain one‑to‑one direct express consent from consumers. Authorization documents must name the specific, unique seller. Consent must be collected directly by the seller from the consumer. Third‑party lead‑generation platforms are not permitted to gather consents on the seller’s behalf; consents obtained by third parties cannot be reused for other merchants.
Revisions to the TSR were finalized in December 2024. Regulatory coverage was extended to tech‑support‑related marketing calls, specifically targeting computer tech‑support scams that trick users into calling via pop‑up windows. Whether consumers call in voluntarily after pop‑up deception or marketers place outbound calls, tech‑support telemarketing falls under TSR jurisdiction, strengthening the FTC’s enforcement toolkit against these scams.
