Telemarketing and Consumer Fraud and Abuse Prevention Act

Summary

Telemarketing Fraud and Abuse Prevention Act of 1990 - Directs the Federal Trade Commission (FTC) to prescribe rules governing telemarketing activities. Requires the FTC to consider the inclusion of provisions in such rules for: (1) refunds for untimely delivery of goods or services; (2) order cancellations; (3) time restrictions in connection with unsolicited sales calls; (4) the prohibition of telemarketing generated by computers on equipment that does not permit the person called to terminate the call immediately; and (5) recordkeeping requirements. Declares that rule violators shall be considered to have engaged in an unfair or deceptive trade practice. Permits application of State requirements in States affording protection to consumers which are at least as great as those provided under this Act. Authorizes both citizen suits (amount in controversy must exceed $50,000) and civil actions on behalf of a State for relief against entities engaging in telemarketing fraud or dishonest acts or practices. Prescribes the general framework to govern such suits. Amends the Federal Trade Commission Act to: (1) authorize the court, where the interests of justice require, to summon and serve process upon any party, without regard to whether they reside or transact business in the district in which the suit is brought; (2) specify methods for service of process; (3) include within the definition of "physical evidence" subject to a civil investigative demand (CID) any medical device, food product, drug, nutritional or cosmetic product, or audio or video recording; and (4) revise requirements with respect to the issuance of CIDs when ordering a person to produce physical evidence or documentary material (currently, applies to the latter only) that may be relevant to unfair or deceptive practices. Directs the FTC to establish a clearinghouse for inquiries made to Federal agencies concerning telemarketing.

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Documents

6 official files

• Reported to Senate (text)

  Reported to Senate · EN

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• Introduced in Senate (text)

  Introduced in Senate · EN

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• Engrossed in Senate (text)

  Engrossed in Senate · EN

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• Passed Senate amended

  summary · EN · 23 October 1990

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• Reported to Senate with amendment(s)

  summary · EN · 26 July 1990

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• Introduced in Senate

  summary · EN · 23 April 1990

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