{"identifier":"/us/usc/t15/s6152","title":15,"num":"\u00a7\u202f6152.","heading":"Telemarketing Sales Rule; do-not-call registry fees","text":"\u00a7\u202f6152.\nTelemarketing Sales Rule; do-not-call registry fees\n(a)\nIn general\nThe Federal Trade Commission shall assess and collect an annual fee pursuant to this section in order to implement and enforce the \u201cdo-not-call\u201d registry as provided for in section 310.4(b)(1)(iii) of title 16, Code of Federal Regulations, or any other regulation issued by the Commission under\nsection 6102 of this title\n(b)\nAnnual fees\n(1)\nIn general\nThe Commission shall charge each person who accesses the \u201cdo-not-call\u201d registry an annual fee that is equal to the lesser of\u2014\n(A) $54 for each area code of data accessed from the registry; or\n(B) $14,850 for access to every area code of data contained in the registry.\n(2)\nException\nThe Commission shall not charge a fee to any person\u2014\n(A) for accessing the first 5 area codes of data; or\n(B) for accessing area codes of data in the registry if the person is permitted to access, but is not required to access, the \u201cdo-not-call\u201d registry under section\n1\n1 So in original. Probably should be \u201cpart\u201d.\n(3)\nDuration of access\n(A)\nIn general\nThe Commission shall allow each person who pays the annual fee described in paragraph (1), each person excepted under paragraph (2) from paying the annual fee, and each person excepted from paying an annual fee under section 310.4(b)(1)(iii)(B) of title 16, Code of Federal Regulations, to access the area codes of data in the \u201cdo-not-call\u201d registry for which the person has paid during that person\u2019s annual period.\n(B)\nAnnual period\nIn this paragraph, the term \u201cannual period\u201d means the 12-month period beginning on the first day of the month in which a person pays the fee described in paragraph (1).\n(c)\nAdditional fees\n(1)\nIn general\nThe Commission shall charge a person required to pay an annual fee under subsection (b) an additional fee for each additional area code of data the person wishes to access during that person\u2019s annual period.\n(2)\nRates\nFor each additional area code of data to be accessed during the person\u2019s annual period, the Commission shall charge\u2014\n(A) $54 for access to such data if access to the area code of data is first requested during the first 6 months of the person\u2019s annual period; or\n(B) $27 for access to such data if access to the area code of data is first requested after the first 6 months of the person\u2019s annual period.\n(d)\nAdjustment of fees\n(1)\nIn general\n(A)\nFiscal year 2009\nThe dollar amount described in subsection (b) or (c) is the amount to be charged for fiscal year 2009.\n(B)\nFiscal years after 2009\nFor each fiscal year beginning after fiscal year 2009, each dollar amount in subsection (b)(1) and (c)(2) shall be increased by an amount equal to\u2014\n(i) the dollar amount in paragraph (b)(1) or (c)(2), whichever is applicable, multiplied by\n(ii) the percentage (if any) by which the CPI for the most recently ended 12-month period ending on June 30 exceeds the baseline CPI.\n(2)\nRounding\nAny increase under subparagraph (B) shall be rounded to the nearest dollar.\n(3)\nChanges less than 1 percent\nThe Commission shall not adjust the fees under this section if the change in the CPI is less than 1 percent.\n(4)\nPublication\nNot later than September 1 of each year the Commission shall publish in the Federal Register the adjustments to the applicable fees, if any, made under this subsection.\n(5)\nDefinitions\nIn this subsection:\n(A)\nCPI\nThe term \u201cCPI\u201d means the average of the monthly consumer price index (for all urban consumers published by the Department of Labor).\n(B)\nBaseline CPI\nThe term \u201cbaseline CPI\u201d means the CPI for the 12-month period ending\nJune 30, 2008\n(e)\nProhibition against fee sharing\nNo person may enter into or participate in an arrangement (as such term is used in section 310.8(c) of the Commission\u2019s regulations (16 C.F.R. 310.8(c))) to share any fee required by subsection (b) or (c), including any arrangement to divide the costs to access the registry among various clients of a telemarketer or service provider.\n(f)\nHandling of fees\n(1)\nIn general\nThe Commission shall deposit and credit as offsetting collections any fee collected under this section in the account \u201cFederal Trade Commission\u2014Salaries and Expenses\u201d, and such sums shall remain available until expended.\n(2)\nLimitation\nNo amount shall be collected as a fee under this section for any fiscal year except to the extent provided in advance by appropriations Acts.","url":"https://projectusc.org/usc/t15/s6152.html","content":[{"t":"sec","id":"/us/usc/t15/s6152","children":[{"t":"num","text":"\u00a7\u202f6152."},{"t":"heading","text":"Telemarketing Sales Rule; do-not-call registry fees"},{"t":"subsec","id":"/us/usc/t15/s6152/a","children":[{"t":"num","text":"(a)"},{"t":"heading","text":"In general"},{"t":"content","children":[{"t":"p","text":"The Federal Trade Commission shall assess and collect an annual fee pursuant to this section in order to implement and enforce the \u201cdo-not-call\u201d registry as provided for in section 310.4(b)(1)(iii) of title 16, Code of Federal Regulations, or any other regulation issued by the Commission under ","children":[{"t":"ref","text":"section 6102 of this title","href":"/us/usc/t15/s6102","tail":"."}],"tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"subsec","id":"/us/usc/t15/s6152/b","children":[{"t":"num","text":"(b)"},{"t":"heading","text":"Annual fees"},{"t":"para","id":"/us/usc/t15/s6152/b/1","children":[{"t":"num","text":"(1)"},{"t":"heading","text":"In general"},{"t":"chapeau","text":"The Commission shall charge each person who accesses the \u201cdo-not-call\u201d registry an annual fee that is equal to the lesser of\u2014"},{"t":"subpara","id":"/us/usc/t15/s6152/b/1/A","children":[{"t":"num","text":"(A)"},{"t":"content","text":" $54 for each area code of data accessed from the registry; or","tail":"\n"}],"tail":"\n"},{"t":"subpara","id":"/us/usc/t15/s6152/b/1/B","children":[{"t":"num","text":"(B)"},{"t":"content","text":" $14,850 for access to every area code of data contained in the registry.","tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t15/s6152/b/2","children":[{"t":"num","text":"(2)"},{"t":"heading","text":"Exception"},{"t":"chapeau","text":"The Commission shall not charge a fee to any person\u2014"},{"t":"subpara","id":"/us/usc/t15/s6152/b/2/A","children":[{"t":"num","text":"(A)"},{"t":"content","text":" for accessing the first 5 area codes of data; or","tail":"\n"}],"tail":"\n"},{"t":"subpara","id":"/us/usc/t15/s6152/b/2/B","children":[{"t":"num","text":"(B)"},{"t":"content","text":" for accessing area codes of data in the registry if the person is permitted to access, but is not required to access, the \u201cdo-not-call\u201d registry under section\u202f","children":[{"t":"ref","text":"1"},{"t":"num","text":"1","tail":"\u202fSo in original. Probably should be \u201cpart\u201d."},{"t":"text","text":"\u202fSo in original. Probably should be \u201cpart\u201d.","tail":" 310 of title 16, Code of Federal Regulations, section 64.1200 of title 47, Code of Federal Regulations, or any other Federal regulation or law."}],"tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t15/s6152/b/3","children":[{"t":"num","text":"(3)"},{"t":"heading","text":"Duration of access"},{"t":"subpara","id":"/us/usc/t15/s6152/b/3/A","children":[{"t":"num","text":"(A)"},{"t":"heading","text":"In general"},{"t":"content","children":[{"t":"p","text":"The Commission shall allow each person who pays the annual fee described in paragraph (1), each person excepted under paragraph (2) from paying the annual fee, and each person excepted from paying an annual fee under section 310.4(b)(1)(iii)(B) of title 16, Code of Federal Regulations, to access the area codes of data in the \u201cdo-not-call\u201d registry for which the person has paid during that person\u2019s annual period.","tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"subpara","id":"/us/usc/t15/s6152/b/3/B","children":[{"t":"num","text":"(B)"},{"t":"heading","text":"Annual period"},{"t":"content","children":[{"t":"p","text":"In this paragraph, the term \u201cannual period\u201d means the 12-month period beginning on the first day of the month in which a person pays the fee described in paragraph (1).","tail":"\n"}],"tail":"\n"}],"tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"subsec","id":"/us/usc/t15/s6152/c","children":[{"t":"num","text":"(c)"},{"t":"heading","text":"Additional fees"},{"t":"para","id":"/us/usc/t15/s6152/c/1","children":[{"t":"num","text":"(1)"},{"t":"heading","text":"In general"},{"t":"content","children":[{"t":"p","text":"The Commission shall charge a person required to pay an annual fee under subsection (b) an additional fee for each additional area code of data the person wishes to access during that person\u2019s annual period.","tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t15/s6152/c/2","children":[{"t":"num","text":"(2)"},{"t":"heading","text":"Rates"},{"t":"chapeau","text":"For each additional area code of data to be accessed during the person\u2019s annual period, the Commission shall charge\u2014"},{"t":"subpara","id":"/us/usc/t15/s6152/c/2/A","children":[{"t":"num","text":"(A)"},{"t":"content","text":" $54 for access to such data if access to the area code of data is first requested during the first 6 months of the person\u2019s annual period; or","tail":"\n"}],"tail":"\n"},{"t":"subpara","id":"/us/usc/t15/s6152/c/2/B","children":[{"t":"num","text":"(B)"},{"t":"content","text":" $27 for access to such data if access to the area code of data is first requested after the first 6 months of the person\u2019s annual period.","tail":"\n"}],"tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"subsec","id":"/us/usc/t15/s6152/d","children":[{"t":"num","text":"(d)"},{"t":"heading","text":"Adjustment of fees"},{"t":"para","id":"/us/usc/t15/s6152/d/1","children":[{"t":"num","text":"(1)"},{"t":"heading","text":"In general"},{"t":"subpara","id":"/us/usc/t15/s6152/d/1/A","children":[{"t":"num","text":"(A)"},{"t":"heading","text":"Fiscal year 2009"},{"t":"content","children":[{"t":"p","text":"The dollar amount described in subsection (b) or (c) is the amount to be charged for fiscal year 2009.","tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"subpara","id":"/us/usc/t15/s6152/d/1/B","children":[{"t":"num","text":"(B)"},{"t":"heading","text":"Fiscal years after 2009"},{"t":"chapeau","text":"For each fiscal year beginning after fiscal year 2009, each dollar amount in subsection (b)(1) and (c)(2) shall be increased by an amount equal to\u2014"},{"t":"clause","id":"/us/usc/t15/s6152/d/1/B/i","children":[{"t":"num","text":"(i)"},{"t":"content","text":" the dollar amount in paragraph (b)(1) or (c)(2), whichever is applicable, multiplied by","tail":"\n"}],"tail":"\n"},{"t":"clause","id":"/us/usc/t15/s6152/d/1/B/ii","children":[{"t":"num","text":"(ii)"},{"t":"content","text":" the percentage (if any) by which the CPI for the most recently ended 12-month period ending on June 30 exceeds the baseline CPI.","tail":"\n"}],"tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t15/s6152/d/2","children":[{"t":"num","text":"(2)"},{"t":"heading","text":"Rounding"},{"t":"content","children":[{"t":"p","text":"Any increase under subparagraph (B) shall be rounded to the nearest dollar.","tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t15/s6152/d/3","children":[{"t":"num","text":"(3)"},{"t":"heading","text":"Changes less than 1 percent"},{"t":"content","children":[{"t":"p","text":"The Commission shall not adjust the fees under this section if the change in the CPI is less than 1 percent.","tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t15/s6152/d/4","children":[{"t":"num","text":"(4)"},{"t":"heading","text":"Publication"},{"t":"content","children":[{"t":"p","text":"Not later than September 1 of each year the Commission shall publish in the Federal Register the adjustments to the applicable fees, if any, made under this subsection.","tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t15/s6152/d/5","children":[{"t":"num","text":"(5)"},{"t":"heading","text":"Definitions"},{"t":"chapeau","text":"In this subsection:"},{"t":"subpara","id":"/us/usc/t15/s6152/d/5/A","children":[{"t":"num","text":"(A)"},{"t":"heading","text":"CPI"},{"t":"content","children":[{"t":"p","text":"The term \u201cCPI\u201d means the average of the monthly consumer price index (for all urban consumers published by the Department of Labor).","tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"subpara","id":"/us/usc/t15/s6152/d/5/B","children":[{"t":"num","text":"(B)"},{"t":"heading","text":"Baseline CPI"},{"t":"content","children":[{"t":"p","text":"The term \u201cbaseline CPI\u201d means the CPI for the 12-month period ending ","children":[{"t":"text","text":"June 30, 2008","tail":"."}],"tail":"\n"}],"tail":"\n"}],"tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"subsec","id":"/us/usc/t15/s6152/e","children":[{"t":"num","text":"(e)"},{"t":"heading","text":"Prohibition against fee sharing"},{"t":"content","children":[{"t":"p","text":"No person may enter into or participate in an arrangement (as such term is used in section 310.8(c) of the Commission\u2019s regulations (16 C.F.R. 310.8(c))) to share any fee required by subsection (b) or (c), including any arrangement to divide the costs to access the registry among various clients of a telemarketer or service provider.","tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"subsec","id":"/us/usc/t15/s6152/f","children":[{"t":"num","text":"(f)"},{"t":"heading","text":"Handling of fees"},{"t":"para","id":"/us/usc/t15/s6152/f/1","children":[{"t":"num","text":"(1)"},{"t":"heading","text":"In general"},{"t":"content","children":[{"t":"p","text":"The Commission shall deposit and credit as offsetting collections any fee collected under this section in the account \u201cFederal Trade Commission\u2014Salaries and Expenses\u201d, and such sums shall remain available until expended.","tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t15/s6152/f/2","children":[{"t":"num","text":"(2)"},{"t":"heading","text":"Limitation"},{"t":"content","children":[{"t":"p","text":"No amount shall be collected as a fee under this section for any fiscal year except to the extent provided in advance by appropriations Acts.","tail":"\n"}],"tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"text","text":"\n"},{"t":"text","text":"\n"}]}]}