Glossary

The Telemarketing Sales Rule (TSR)

What is the Telemarketing Sales Rule?

Short answer

The Telemarketing Sales Rule (TSR) is the FTC regulation governing telemarketing. It creates the National Do Not Call Registry, requires sellers to scrub lists at least every 31 days, mandates specific disclosures, and prohibits deceptive practices. It sits alongside -- not inside -- the TCPA, which is enforced by the FCC and by private lawsuits.

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On this page

Outbound calling in the US is governed by two overlapping regimes that are routinely confused. Understanding which is which matters, because they carry very different risk profiles.

TCPA vs TSR at a glance

Comparison of the TCPA and the Telemarketing Sales Rule
TCPATSR
TypeFederal statute (47 U.S.C. § 227)FTC regulation (16 C.F.R. Part 310)
RegulatorFCCFTC
Private lawsuitsYes -- $500–$1,500 per callRarely -- only over $50,000 in actual damages
Civil penaltiesFCC forfeituresUp to $53,088 per violation
Core focusAutodialers, prerecorded voice, consentDNC Registry, disclosures, deception
Where most risk sitsClass actions from serial filersRegulatory enforcement sweeps

The asymmetry in the "private lawsuits" row explains why practitioners talk about TCPA risk far more than TSR risk. A regulator has to choose to investigate you. Any recipient of a single text can file a TCPA claim tomorrow.

What the TSR requires

  • DNC Registry scrubbing at least every 31 days, under your own Subscription Account Number.
  • An internal do-not-call list, maintained and honoured.
  • Calling hours of 8am to 9pm in the consumer's local time.
  • Prompt disclosure of the seller's identity and the sales purpose of the call.
  • Material terms -- total cost, restrictions, refund policy -- disclosed before payment.
  • Caller ID transmitting a telephone number and, where the carrier makes it available, a name; a substituted seller number must be answered during regular business hours.
  • Record retention for advertising, scripts, sales records and do-not-call requests.
  • Abandonment limits -- a call is abandoned if no sales representative comes on within two seconds of the greeting; the safe harbor requires an abandonment rate of 3% or less per 30-day period, ringing at least 15 seconds or four rings, a recorded message naming the seller, and records proving it.

Quick check: the TSR beside the TCPA

Pick an answer to see whether it is right, and why.

1. A consumer gets one unwanted telemarketing call. Can they sue the caller under the TSR?

Not quite. That is the TCPA, which private plaintiffs can sue under. A private suit under the TSR needs a claim over $50,000 in actual damages.

Right. The Telemarketing Act lets a private person sue under the TSR only where the claim exceeds $50,000 in actual damages (15 U.S.C. § 6104(a)), which rules out an ordinary consumer who got an unwanted call. In practice the FTC and state attorneys general enforce it, and the lawsuit risk in telemarketing comes from the TCPA.

Not quite. It has one, but a narrow one: a private person can sue under the TSR only where the claim exceeds $50,000 in actual damages (15 U.S.C. § 6104(a)).

2. Your business is exempt from the TSR. Does that exempt it from the TCPA?

Not quite. Different statutes, different regulators, different enforcement. Satisfying one says nothing about the other.

Right. The TCPA's own company-specific do-not-call rule covers telemarketing calls to residential numbers whatever your TSR status, and satisfying one says nothing about the other.

Not quite. Most business-to-business calls are exempt from the TSR, except sales of nondurable office or cleaning supplies, but an exemption from the TSR does not exempt you from the TCPA.

3. Under the TSR, when is an outbound call abandoned?

Not quite. At least 15 seconds or four rings is how long the safe harbor requires a call to ring. A call is abandoned when no sales representative comes on within two seconds of the greeting.

Right. That is the definition. The safe harbor then requires an abandonment rate of 3% or less per 30-day period, ringing at least 15 seconds or four rings, a recorded message naming the seller, and records proving it.

Not quite. 3% is the safe harbor's limit on the abandonment rate, measured per 30-day period, not per day. A single call is abandoned when no sales representative comes on within two seconds of the greeting.

4. You share your SAN with a provider that scrubs your list and makes your calls, and a call reaches a registered number. Who is liable?

Not quite. Assuming a vendor's scrubbing satisfies your obligation is one of the two patterns where teams get caught. Sharing your SAN with a provider does not move the seller's share onto them.

Right. The TSR makes both the seller and the telemarketer liable for a call to a registered number, and sharing your SAN with a provider does not move the seller's share onto them.

Not quite. The SAN is the seller's, but the liability is not the seller's alone: the TSR makes both the seller and the telemarketer liable for a call to a registered number.

Where teams get caught

Two patterns recur. The first is treating a DNC scrub as the whole of compliance -- it is one TSR requirement among many, and it does not touch the TCPA's consent rules at all. The second is assuming a vendor's scrubbing satisfies your obligation; the TSR makes both the seller and the telemarketer liable for a call to a registered number, and sharing your SAN with a provider does not move the seller's share onto them.

Where list hygiene helps

NumberBroom covers the data-quality side: carrier validation, line type, and a known-litigator check at $0.20 per number, with a $5 minimum per job. Registry scrubbing runs under your own SAN: link it, and a signed-in paid scrub adds a federal Do Not Call Registry check, included free on lists of up to 1,000 numbers. The 31-day obligation stays yours, and consent capture is a process you own. The full picture.

Frequently asked questions

What is the difference between the TCPA and the TSR?

Different statutes, different regulators, different enforcement. The TCPA is a federal statute enforced by the FCC and -- critically -- by private plaintiffs, who can sue for $500 to $1,500 per call. The TSR is an FTC regulation enforced by the FTC and state attorneys general, with civil penalties up to $53,088 per violation. A private suit is possible only for someone with more than $50,000 in actual damages, so consumers almost never bring one.

You must comply with both. Satisfying one says nothing about the other.

Does the TSR let consumers sue me?

Almost never. The Telemarketing Act lets a private person sue under the TSR only where the claim exceeds $50,000 in actual damages (15 U.S.C. § 6104(a)), which rules out an ordinary consumer who got an unwanted call; in practice the FTC and state AGs enforce it. The lawsuit risk in telemarketing comes from the TCPA, which does allow private suits. This is why TCPA exposure usually dominates practical risk planning even though TSR penalties are nominally larger per violation.

Who is exempt from the TSR?

Several categories sit partly or wholly outside it: banks, federal credit unions and federal savings and loans, common carriers acting as carriers, non-profits calling on their own behalf, and campaigns with no interstate calls. Most business-to-business calls are exempt too, except sales of nondurable office or cleaning supplies.

Exemption from the TSR does not exempt you from the TCPA, whose own company-specific do-not-call rule covers telemarketing calls to residential numbers whatever your TSR status.

What does the TSR require me to disclose?

Promptly identify the seller and state that the call is a sales call, disclose total cost and material terms before obtaining payment, and disclose material restrictions and refund policy terms. Misrepresenting any material aspect is a separate violation.

Not legal advice. NumberBroom is a phone data and list hygiene tool, not a law firm. This page summarises publicly available federal rules as of September 28, 2026 and is provided for general information only. TCPA and state telemarketing law change frequently and apply differently depending on your business, your consent records, and the states you call. Consult qualified counsel before relying on any of it.
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Founder, NumberBroom · 10 years in telecommunications and marketing

Cameron Hoffman is the founder of NumberBroom and has spent 10 years working in telecommunications and marketing. He built NumberBroom after repeatedly watching outbound teams dial purchased lists that were full of dead numbers, landlines and TCPA litigators.