A licensed health insurance producer is configuring a new lead management system to automatically flag when individuals can be legally contacted by phone. The system must adhere to the Telephone Consumer Protection Act (TCPA) and National Do Not Call (DNC) rules.
Which of the following system rules correctly reflect permissible telemarketing practices? (Select all that apply)
- Permitting calls to a former policyholder for up to 18 months after the effective cancellation date of their coverage.Answer
- Permitting calls to a consumer for up to 3 months after they submit a web form requesting information about policy options.Answer
- CPermitting calls to an existing client who has asked to be placed on the agency's internal do-not-call list, because the established business relationship exemption supersedes internal requests.
- DPermitting automated, pre-recorded marketing calls to mobile phone numbers of prospective clients without prior express written consent, provided the calls occur during legal calling hours.
Answer
The correct practices are permitting calls to former policyholders for up to 18 months after policy cancellation, and permitting calls to consumers for up to 3 months after they submit an inquiry.
Federal regulations allow telemarketers to call individuals on the National Do Not Call Registry if an established business relationship (EBR) exists. This specific exemption legally applies for 18 months following a completed transaction or policy cancellation, and for 3 months following a consumer inquiry or application.
Step-by-Step Solution
Key Concept
TCPA and National Do Not Call Registry Established Business Relationship (EBR) Exemptions