Question

Difficulty: Very hardNational Do Not Call Registry and TCPA

Match each telemarketing scenario to its correct regulatory outcome under the Telephone Consumer Protection Act (TCPA) and National Do Not Call (DNC) Registry rules.

  • A consumer whose auto policy expired 16 months ago, who is currently registered on the National Do Not Call Registry.Permitted: Falls within the transactional Established Business Relationship exemption timeframe.
  • A prospect who submitted a request for a quote online 100 days ago, who is currently registered on the National Do Not Call Registry.Violation: Exceeds the maximum duration of the inquiry exemption.
  • An agency that conducts telemarketing using a National DNC list downloaded 45 days prior.Violation: Failure to meet the mandatory registry synchronization timeframe.
  • A producer in the Eastern Time Zone (EST) calling a prospect in the Pacific Time Zone (PST) at 9:15 AM EST.Violation: Non-compliant with statutory calling hours based on recipient location.

Answer

The 16-month expired policy matches the 18-month transactional EBR exemption. The 100-day quote request matches the violation of the 3-month inquiry exemption. The 45-day-old DNC list matches the violation of the 31-day synchronization rule. The 9:15 AM EST call to PST matches the violation of recipient local time calling hours.
Each scenario strictly corresponds to a specific numerical limitation under federal telemarketing regulations: 18 months for past clients, 3 months for inquiries, 31 days for registry synchronization, and 8:00 AM recipient time for calling hours.

Step-by-Step Solution

1
Evaluate the 16-month expired policy scenario.
Matches the permitted transactional EBR exemption.
The TCPA allows calls to former clients for up to 18 months after the last transaction, delivery, or payment, which covers the 16-month timeframe.
2
Evaluate the 100-day quote request scenario.
Matches the violation of the inquiry exemption.
Inquiries only provide a 3-month (approximately 90-day) exemption window, making a 100-day-old lead non-compliant if on the DNC list.
3
Evaluate the 45-day-old DNC list scenario.
Matches the violation of the registry synchronization timeframe.
Federal rules require that internal lists be scrubbed against the National DNC Registry at least every 31 days.
4
Evaluate the 9:15 AM EST call to a PST prospect.
Matches the violation of statutory calling hours.
The 8:00 AM to 9:00 PM calling window applies strictly to the recipient's time zone. 9:15 AM EST is 6:15 AM PST, which is prohibited.

Key Concept

National Do Not Call Registry, Established Business Relationship (EBR) exemptions, and TCPA telemarketing time restrictions
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