FTC 16 CFR 310.5
Sec. 310.5 Recordkeeping requirements.
(a)
Any seller or telemarketer shall keep, for a period of 24 months
from the date the record is produced, the following records relating to
its telemarketing activities:
(1)
All substantially different advertising, brochures,
telemarketing scripts, and promotional materials;
(2)
The name and last known address of each prize recipient and the
prize awarded for prizes that are represented, directly or by
implication, to have a value of $25.00 or more;
(3)
The name and last known address of each customer, the goods or
services purchased, the date such goods or services were shipped or
provided, and the amount paid by the customer for the
goods or services;
(4)
The name, any fictitious name used, the last known home address
and telephone number, and the job title(s) for all current and former
employees directly involved in telephone sales or solicitations;
provided, however, that if the seller or telemarketer permits fictitious
names to be used by employees, each fictitious name must be traceable to
only one specific employee; and
(5)
All verifiable authorizations or records of express informed
consent or express agreement required to be provided or received under
this Rule.
(b)
A seller or telemarketer may keep the records required by Sec.
310.5(a) in any form, and in the same manner, format, or place as they
keep such records in the ordinary course of business. Failure to keep
all records required by Sec. 310.5(a) shall be a violation of this
Rule.
(c)
The seller and the telemarketer calling on behalf of the seller
may, by written agreement, allocate responsibility between themselves
for the recordkeeping required by this Section. When a seller and
telemarketer have entered into such an agreement, the terms of that
agreement shall govern, and the seller or telemarketer, as the case may
be, need not keep records that duplicate those of the other. If the
agreement is unclear as to who must maintain any required record(s), or
if no such agreement exists, the seller shall be responsible for
complying with Sec. Sec. 310.5(a)(1)-(3) and (5); the telemarketer
shall be responsible for complying with Sec. 310.5(a)(4).
(d)
In the event of any dissolution or termination of the seller's
or telemarketer's business, the principal of that seller or telemarketer
shall maintain all records as required under this section. In the event
of any sale, assignment, or other change in ownership of the seller's or
telemarketer's business, the successor business shall maintain all
records required under this section.
