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Difficulty: EasyNational Do Not Call Registry and TCPA

A brokerage is reviewing a list of leads to contact for a new home insurance campaign. Assuming all numbers belong to consumers currently listed on the National Do Not Call Registry, which of the following individuals may the brokerage legally call today? (Select all that apply)

  1. A consumer who submitted an application for a renter's policy to the brokerage 60 days ago.Answer
  2. A former policyholder whose coverage with the brokerage was cancelled 14 months ago.Answer
  3. C
    A consumer who contacted the brokerage to ask about umbrella policy rates 5 months ago.
  4. D
    A past client whose final policy with the brokerage lapsed 2 years ago.

Answer

The brokerage may legally call the consumer who submitted an application 60 days ago and the former policyholder whose coverage was cancelled 14 months ago.
The Established Business Relationship (EBR) exception under the Telephone Consumer Protection Act allows insurance producers to contact individuals listed on the National Do Not Call Registry under specific conditions. Specifically, a producer may call a consumer for up to 18 months after their last transaction (such as a policy cancellation) and for up to 3 months after a consumer makes an inquiry or submits an application. Therefore, calling the applicant from 60 days ago and the former client from 14 months ago are both legally permissible actions.

Step-by-Step Solution

1
Identify the regulatory status of the consumers in the scenario.
All consumers in the list are on the National Do Not Call Registry.
This establishes that the general rule prohibits calling them, unless a specific statutory exception applies.
2
Evaluate the Established Business Relationship (EBR) exception for consumer inquiries.
Producers can call consumers who made an inquiry or submitted an application for up to 3 months.
This permits calling the consumer who submitted an application 60 days ago, but prohibits calling the consumer who inquired 5 months ago.
3
Evaluate the Established Business Relationship (EBR) exception for former clients.
Producers can call former clients for up to 18 months after a policy expires or is cancelled.
This permits calling the former policyholder whose coverage was cancelled 14 months ago, but prohibits calling the past client whose policy lapsed 2 years ago.

Key Concept

Established Business Relationship Exceptions to the Do Not Call Registry
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Topics

National Do Not Call Registry and TCPA

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