§ 9b. — Rules prohibiting deceptive and other abusive telemarketing acts or practices.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 7USC9b]
TITLE 7--AGRICULTURE
CHAPTER 1--COMMODITY EXCHANGES
Sec. 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.
(Sept. 21, 1922, ch. 369, Sec. 6(f), as added Pub. L. 103-297,
Sec. 3(e)(2), Aug. 16, 1994, 108 Stat. 1547.)
Codification
Section is comprised of subsec. (f) of section 6 of act Sept. 21,
1922. Subsecs. (a) and (b) of section 6 are classified to section 8 of
this title. Subsec. (c) of section 6 is classified to sections 9 and 15
of this title. Subsecs. (d), (e), and (g) of section 6 are classified to
sections 13b, 9a, and 9c of this title, respectively.
Section Referred to in Other Sections
This section is referred to in section 12 of this title; title 15
section 6102.
