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Difficulty: HardNational Do Not Call Registry and TCPA

Match each telemarketing scenario encountered by an insurance producer with the correct Federal TCPA and National Do Not Call Registry regulatory requirement.

  • A prospect visits an agency booth at a trade show and fills out a contact card requesting more information about commercial liability coverage.Qualifies for the 3-month Established Business Relationship (EBR) telemarketing exemption
  • An insured decides to cancel their personal auto policy and switches to a competitor agency.Qualifies for the 18-month Established Business Relationship (EBR) telemarketing exemption
  • An agency utilizes a predictive dialer to cold-call a recently purchased list of homeowners in a neighboring state.Requires the agency to scrub the contact list against the National Registry every 31 days
  • A producer located in the Pacific Time zone plans an evening telemarketing campaign targeting prospects located in the Eastern Time zone.Restricts permissible outbound solicitations to 8:00 AM to 9:00 PM based on the recipient's location

Answer

Trade show inquiry matches the 3-month EBR exemption; Cancelled policy matches the 18-month EBR exemption; Cold-calling list matches the 31-day scrub requirement; Cross-time zone calling matches the 8:00 AM to 9:00 PM recipient local time restriction.
Each specific scenario triggers a distinct regulatory limit under the TCPA and National Do Not Call rules. Established Business Relationships (EBR) are categorized into an 18-month window for actual transactions and a 3-month window for mere inquiries. Additionally, general call lists must be scrubbed every 31 days, and all telemarketing must observe the 8:00 AM to 9:00 PM local time limit.

Step-by-Step Solution

1
Analyze the trade show inquiry scenario.
Identified as a consumer inquiry.
Under the TCPA, a direct consumer inquiry establishes a limited relationship that temporarily waives DNC restrictions for a maximum of 3 months.
2
Analyze the cancelled policy scenario.
Identified as a concluded business transaction.
An Established Business Relationship (EBR) resulting from an actual transaction or policy allows for calls up to 18 months after the relationship officially ends.
3
Analyze the predictive dialer cold-calling scenario.
Identified as standard outbound telemarketing requiring general DNC compliance.
Federal law explicitly mandates that all telemarketers must update and scrub their contact lists against the National Do Not Call Registry every 31 days to ensure new additions are honored.
4
Analyze the cross-time zone calling scenario.
Identified as a time-of-day restriction issue.
The TCPA protects consumers from early morning and late night calls by restricting outbound solicitations to 8:00 AM through 9:00 PM based strictly on the prospect's local time.

Key Concept

National Do Not Call Registry exemptions and TCPA telemarketing timeframes
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Topics

National Do Not Call Registry and TCPA

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