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Difficulty: MediumNational Do Not Call Registry and TCPA

David submitted an online inquiry for health insurance through an independent agency's website on June 1st but did not purchase a policy. On July 15th, David answers a follow-up call from an agent at the firm and explicitly asks to be placed on the agency's "do not call" list. Believing the agency has a valid 3-month Established Business Relationship (EBR) window due to the initial inquiry, the agent calls David again on August 10th at 2:00 PM his local time. Under the Telephone Consumer Protection Act (TCPA) and related federal regulations, which of the following statements correctly evaluates the agent's August 10th call?

  1. The call is a violation because a consumer's specific request to be added to an internal do-not-call list immediately overrides any existing Established Business Relationship exception.Answer
  2. B
    The call is compliant because the 3-month Established Business Relationship window for an inquiry remains valid until September 1st, regardless of internal lists.
  3. C
    The call is compliant because the agent actually has an 18-month window to contact consumers who have submitted formal applications or inquiries.
  4. D
    The call is compliant because it was made at 2:00 PM recipient time, which falls within the federally permissible window of 8:00 AM to 9:00 PM.

Answer

The call is a violation because a consumer's specific request to be added to an internal do-not-call list immediately overrides any existing Established Business Relationship exception.
The Telephone Consumer Protection Act allows a 3-month calling window for consumers who make an inquiry or submit an application. However, if a consumer makes a specific request not to be called, the company must honor that request and place them on an internal do-not-call list. This request immediately terminates any Established Business Relationship exception, making the subsequent call a violation.

Step-by-Step Solution

1
Identify the initial relationship status created by the June 1st inquiry.
The inquiry created a 3-month Established Business Relationship (EBR) exception under the TCPA.
Federal rules allow agents to contact consumers for up to 3 months following an inquiry or application.
2
Evaluate the impact of the consumer's request on July 15th.
The consumer specifically requested to be placed on the internal do-not-call list.
Agencies must maintain company-specific DNC lists and honor consumer requests not to be called.
3
Determine if an EBR exception supersedes a direct do-not-call request.
It does not. An explicit request not to be called terminates the EBR exception immediately.
Consumer consent and preference override statutory EBR windows.
4
Conclude the legality of the August 10th call.
The call is a violation of federal regulations.
The internal DNC request voided the remaining time on the 3-month inquiry window.

Key Concept

Under TCPA rules, an Established Business Relationship (EBR) provides a 3-month calling window for inquiries and an 18-month window for transactions, but this exception is instantly voided if the consumer specifically requests to be placed on the firm's internal Do Not Call list.
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Topics

National Do Not Call Registry and TCPA

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