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U.S. Code as of:
01/03/05
Section 9b. Rules prohibiting deceptive and other abusive telemarketing acts or practices
(1) Except as provided in paragraph (2), not later than six
months after the effective date of rules promulgated by the Federal
Trade Commission under section 6102(a) of title 15, the Commission
shall promulgate, or require each registered futures association to
promulgate, rules substantially similar to such rules to prohibit
deceptive and other abusive telemarketing acts or practices by any
person registered or exempt from registration under this chapter in
connection with such person's business as a futures commission
merchant, introducing broker, commodity trading advisor, commodity
pool operator, leverage transaction merchant, floor broker, or
floor trader, or a person associated with any such person.
(2) The Commission is not required to promulgate rules under
paragraph (1) if it determines that -
(A) rules adopted by the Commission under this chapter provide
protection from deceptive and abusive telemarketing by persons
described under paragraph (1) substantially similar to that
provided by rules promulgated by the Federal Trade Commission
under section 6102(a) of title 15; or
(B) such a rule promulgated by the Commission is not necessary
or appropriate in the public interest, or for the protection of
customers in the futures and options markets, or would be
inconsistent with the maintenance of fair and orderly markets.
If the Commission determines that an exception described in
subparagraph (A) or (B) applies, the Commission shall publish in
the Federal Register its determination with the reasons for it.
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