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Difficulty: MediumNational Do Not Call Registry and TCPA

Elena, a producer who recently obtained her license, is planning her phone outreach activities for the upcoming week. She intends to contact several individuals to discuss various insurance products.

Based on the Telephone Consumer Protection Act (TCPA) and National Do Not Call Registry rules, which of the following planned actions are legally permissible? (Select all that apply)

  1. Calling a consumer at 8:30 AM recipient time who submitted a request for an insurance quote 45 days ago, despite the consumer being on the National DNC RegistryAnswer
  2. B
    Contacting a former policyholder whose coverage was canceled 20 months ago, relying on the Established Business Relationship (EBR) exemption
  3. Placing a call at 7:30 PM recipient time to a prospect not on the National DNC Registry, based on a registry synchronization that the agency completed 15 days agoAnswer
  4. D
    Calling a current active client to offer a new product, even though the client explicitly asked to be placed on the agency's specific internal Do Not Call list last week

Answer

The permissible actions are calling the consumer who requested a quote 45 days ago and calling the prospect based on a 15-day-old registry scrub.
The correct choices reflect accurate application of federal telemarketing rules. Agencies must synchronize their call lists with the National DNC Registry at least every 31 days, and calls must be made between 8:00 AM and 9:00 PM in the recipient's local time zone. Furthermore, an Established Business Relationship (EBR) created by a consumer inquiry allows for telemarketing calls for up to 3 months, even if the consumer is on the National DNC Registry.

Step-by-Step Solution

1
Analyze each planned action against permissible calling hours.
Both the 8:30 AM and 7:30 PM calls fall within the legal 8:00 AM to 9:00 PM recipient local time window.
Federal law strictly prohibits telemarketing calls outside of this timeframe.
2
Evaluate the Established Business Relationship (EBR) duration limits.
The 45-day inquiry is valid (under the 3-month limit), but the 20-month canceled policy is invalid (exceeds the 18-month limit).
EBR exemptions allow calling numbers on the DNC Registry, but only for strictly defined timeframes.
3
Verify compliance with registry scrub requirements and internal DNC requests.
The 15-day scrub is valid (under the 31-day requirement), but the internal DNC request completely prohibits further outreach to that client.
Internal company DNC lists supersede any existing business relationship exemptions.

Key Concept

TCPA and Do Not Call Registry Exemptions
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Topics

National Do Not Call Registry and TCPA

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