A call inviting someone to a timeshare presentation is partly exempt from the FTC’s Telemarketing Sales Rule, because the sale happens later, in person. The exemption is narrower than resorts often assume. It doesn’t cover the Do Not Call rules, the limits on prerecorded calls, or calling hours, and it disappears if the caller takes payment for a vacation package over the phone. The federal TCPA applies on top of it. Marketers who know where the exemption stops can defend most tour-call claims on the records.
Is a timeshare tour call exempt from the Telemarketing Sales Rule?
Partly. The FTC’s rule at 16 C.F.R. § 310.6(b)(3) exempts “Telephone calls in which the sale of goods or services or charitable solicitation is not completed, and payment or authorization of payment is not required, until after a face-to-face sales or donation presentation by the seller.” A call that books a tour, with the sale and the payment happening at the resort, fits that description.
The same paragraph limits the exemption. It states, “provided, however, that this exemption does not apply to the requirements of § 310.4(a)(1), (a)(8), (b), and (c).” Paragraph (b) holds the Do Not Call rules, the internal opt-out rule, and the prerecorded-message rule. Paragraph (c) is the calling-hours rule. In practice, the exemption mostly spares tour callers from the rule’s disclosure and payment provisions, not from the parts that generate lawsuits.
When does a vacation package call lose the exemption?
When the customer pays during the call. Many resort marketers sell a discounted stay, such as three nights for a set price with a tour attached, and take the card number on the phone. That call completes a sale before any face-to-face presentation, so § 310.6(b)(3) doesn’t apply and the whole rule does.
That means the oral disclosures in § 310.4(d) apply, starting with “The identity of the seller” and the fact that the call’s purpose is to sell. If the call promises a free cruise or gift, the prize rules apply too. The FTC defines a prize promotion in § 310.2 to include “An oral or written express or implied representation that a person has won, has been selected to receive, or may be eligible to receive a prize or purported prize.” The caller then has to say that no purchase is needed to win.
A resort that sells packages by phone should treat its script as a full TSR script. The tour exemption is a poor fit for a business model built on paid stays.
A split script is the practical answer for marketers that do both. The tour invitation can run as an exempt call, and a separate, fully compliant script takes over when the customer wants to buy a package. The handoff should be logged, because the call recording and the payment timestamp are what a regulator or a plaintiff will use to show which rules applied. A business that can’t show when payment was taken will have trouble claiming the exemption at all.
Do tour invitation calls need consent for prerecorded messages?
Yes, under both federal rules. The TSR bars outbound prerecorded sales calls unless the seller has a signed written agreement that, among other things, “Evidences the willingness of the recipient of the call to receive calls that deliver prerecorded messages by or on behalf of a specific seller,” under § 310.4(b)(1)(v). The face-to-face exemption doesn’t reach that rule.
The FCC’s TCPA rule is similar. Under 47 C.F.R. § 64.1200(a)(2), a telemarketing call to a cell phone using an autodialer or a prerecorded voice is barred “other than a call made with the prior express written consent of the called party.” A recorded message announcing a free vacation is the classic example. The TCPA is where the private exposure is: $500 per call under 47 U.S.C. § 227(b)(3), up to three times that if the violation was willful or knowing.
Vacation offers often come from contest entries collected at events and online. A contest entry form isn’t written consent to prerecorded calls unless it says so in the required terms. The earlier post on sweepstakes and giveaway consent covers how those forms are tested.
Can consumers sue under the Telemarketing Sales Rule?
Rarely. The FTC, the CFPB, and state attorneys general enforce the rule. A private person can sue only in limited cases, and 15 U.S.C. § 6104 requires that “the amount in controversy exceeds the sum or value of $50,000 in actual damages for each person adversely affected by such telemarketing.” Few call recipients can show that.
So the private claims against resort marketers are almost always TCPA claims, often paired with a state telemarketing statute. The TSR still matters to those cases. A plaintiff will use a TSR violation to argue the calls were willful, and a state attorney general can sue to enforce the rule. A clean TSR record makes a TCPA case easier to settle.
| Call type | TSR coverage | TCPA exposure | Where the defense starts |
|---|---|---|---|
| Live call booking a free tour | Only the calling rules in § 310.4(b) and (c) | Do Not Call claims for registered numbers | Registry scrubs and permission records |
| Live call selling a paid vacation package | Full rule, including disclosures and prize terms | Do Not Call claims | Call scripts and recordings, plus scrub records |
| Prerecorded free-vacation message | Prerecorded rule applies | $500 per call, up to $1,500 if willful or knowing | Signed written agreement naming the seller |
| Call to a contest entrant | Depends on whether payment is taken | Depends on the entry form | The form, its terms, and the entry date |
What about calls to existing owners?
They’re easier to defend, with limits. The FCC’s definition of a telephone solicitation in § 64.1200(f) excludes a call “To any person with whom the caller has an established business relationship.” An owner who bought a timeshare or stayed at the resort usually qualifies, so a live upgrade call to that owner isn’t a Do Not Call violation. The earlier post on internal do-not-call policies covers what happens once an owner asks to stop.
The relationship doesn’t fix a prerecorded call to a cell phone. That still needs written consent. And an exit-company or resale caller contacting owners isn’t the resort, so it has no relationship of its own to rely on. More on how the firm handles these claims is on its page for telemarketing and TCPA defense.
Records to gather after a resort marketing claim
- Hold the call logs, dialer data, recorded messages, and consent or contest-entry records for each number in the claim.
- Pull the stop requests and internal do-not-call entries, with the date each one was logged.
- Export the Registry scrub records and version dates for the campaign, from the resort and from any outside call center.
- Collect call center contracts, scripts for tour and package calls, and any call recordings.
- Talk to a lawyer before replying to the demand, calling the consumer, or offering a free stay to settle.
Questions about timeshare and vacation telemarketing
Is a timeshare company liable for calls made by an outside call center?
It can be, if the call center acted as its agent under ordinary agency rules. Courts look at what the contract authorized, how much control the resort had over the calls, and whether it kept accepting tours after learning of violations. A contract that bars illegal calls and a fast response to complaints are the strongest facts a resort can have.
Do the calling-hours rules apply to tour invitation calls?
Yes. The face-to-face exemption doesn’t reach the TSR’s calling-hours rule, which bars calls to a residence outside 8 a.m. to 9 p.m. in the called person’s time zone without consent. The FCC’s Do Not Call rules set the same window for telephone solicitations. Some states set narrower hours, so national campaigns should follow the strictest state they call.
Does a free gift offer make a tour call a prize promotion?
It can. A call telling someone they’ve been selected for a free gift or stay can fit the FTC’s definition of a prize promotion. If the call is fully covered by the TSR, the caller must say no purchase is required. If it’s only a tour invitation under the face-to-face exemption, those disclosure rules don’t apply, but state laws on prize offers may.
Can a resort text owners about upgrades and promotions?
It can, with care. Live, manually sent texts to owners with an established relationship are lower risk under the Do Not Call rules. Automated marketing texts raise consent questions, and an owner who replies STOP has to be removed. A resort should keep owner texting on a platform that logs every opt-out by date.
Defending a timeshare or vacation offer claim
If your company is accused of making tour invitation calls or prerecorded vacation offers without consent, the scripts and the consent records for each number usually decide the case. Rosenberger + Kawabata represents businesses defending TCPA lawsuits and class actions through its business litigation practice, including claims involving prerecorded vacation offers. Contact Rosenberger + Kawabata online for a confidential consultation, or call (310) 894-6921.
Sources
The FTC’s Telemarketing Sales Rule is at 16 C.F.R. part 310, issued under 15 U.S.C. § 6104 and the rest of the Telemarketing Act. The TCPA is 47 U.S.C. § 227, and the FCC’s rules are at 47 C.F.R. § 64.1200.
This post is general information about the Telephone Consumer Protection Act and related laws as of June 13, 2026. It is not legal advice, and reading it does not create an attorney-client relationship. Courts and the FCC change the rules in this area often, and the outcome of any claim depends on its facts. Past results do not guarantee future outcomes.