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Difficulty: HardNational Do Not Call Registry and TCPA

During a quarterly sales drive, a licensed agent prepares to dial a targeted list of prospects and former clients. Every phone number on this list is currently registered on the National Do Not Call (DNC) Registry. The agency strictly maintains compliance by downloading and scrubbing against the National DNC database every 31 days. Under the Telephone Consumer Protection Act (TCPA) and federal telemarketing rules, which of the following outbound calls may the agent legally make?

  1. A call placed at 6:30 PM (recipient's local time) to a former client whose last transaction with the agency was a policy renewal 16 months ago, provided no internal Do Not Call request was made.Answer
  2. B
    A call placed at 2:00 PM (recipient's local time) to a consumer who submitted an online form requesting a life insurance quote 4 months ago.
  3. C
    A call placed at 11:00 AM (recipient's local time) to a current, active auto insurance client who specifically requested not to receive promotional calls from the agency last year.
  4. D
    A call placed by a producer in the Eastern Time zone at 9:00 AM ET to follow up with a prospect in the Pacific Time zone who requested a health insurance brochure 2 weeks ago.

Answer

The agent may legally call the former client whose last transaction occurred 16 months ago at 6:30 PM local time.
The correct answer accurately applies multiple TCPA regulations simultaneously. The Established Business Relationship (EBR) rule permits telemarketing calls to consumers on the National Do Not Call Registry for up to 18 months following their last purchase or transaction. Since this call occurs at 16 months, is placed within the permissible 8:00 AM to 9:00 PM local time window, and the client has not made a company-specific DNC request, all federal compliance requirements are satisfied.

Step-by-Step Solution

1
Evaluate the Established Business Relationship (EBR) duration for former clients and transactions.
Federal law allows a producer to call a consumer on the National DNC Registry for up to 18 months after the consumer's last purchase, delivery, or payment.
This establishes that the 16-month timeframe for the former client is within the legal limit.
2
Evaluate the Established Business Relationship (EBR) duration for inquiries.
If a consumer merely makes an inquiry or submits an application, the EBR exception only lasts for 3 months.
This immediately invalidates the option involving a 4-month-old quote request.
3
Analyze the impact of company-specific (internal) Do Not Call requests.
An internal DNC request overrides any existing EBR.
This invalidates the option involving an active client who previously asked not to be called for promotions.
4
Apply the statutory timezone restrictions to the remaining scenarios.
Calls must exclusively be placed between 8:00 AM and 9:00 PM in the recipient's local time zone. A 9:00 AM ET call to a PT resident occurs at 6:00 AM local time.
Timezone conversion must always be calculated relative to the recipient's physical location, invalidating the cross-country early morning call.

Key Concept

National Do Not Call Registry Exemptions and TCPA Time Restrictions
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Topics

National Do Not Call Registry and TCPA

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