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Difficulty: HardNational Do Not Call Registry and TCPA

A compliance officer is auditing a producer's upcoming outbound telemarketing schedule to ensure adherence to federal laws. Based on the Telephone Consumer Protection Act (TCPA) and National Do Not Call Registry regulations, which of the following scheduled calls are legally permissible? (Select all that apply.)

  1. A call placed at 8:30 AM recipient's local time to a prospect who submitted a life insurance application 75 days ago, even though the prospect is currently on the National Do Not Call Registry.Answer
  2. B
    A call placed at 7:30 PM recipient's local time to a former client whose policy canceled 14 months ago, but who explicitly requested to be added to the agency's internal do-not-call list 6 months ago.
  3. C
    A call placed at 11:00 AM recipient's local time to a prospect added to the National Do Not Call Registry 40 days ago, using a dialing list the agency last synchronized with the federal database 60 days ago.
  4. A cross-selling call placed at 8:45 PM recipient's local time to an active policyholder, despite the client having registered their phone number on the National Do Not Call Registry three years ago.Answer

Answer

The permissible calls are those made to the prospect who submitted an application 75 days ago and the active policyholder, as both satisfy specific federal exceptions and fall within the legal time window.
The correct scenarios demonstrate two valid exceptions to the National Do Not Call Registry. First, a consumer application or inquiry allows the producer to call for up to 3 months (90 days). Second, an active policy creates an ongoing Established Business Relationship (EBR) allowing cross-sell calls. Both of these permitted calls were scheduled within the strict 8:00 AM to 9:00 PM local time window mandated by the TCPA.

Step-by-Step Solution

1
Analyze the time of day for each scheduled call.
All listed scenarios propose calls between 8:00 AM and 9:00 PM (recipient's local time).
The TCPA restricts telemarketing calls to these specific hours. Since all options meet this baseline, we must evaluate the Do Not Call exceptions.
2
Evaluate the Established Business Relationship (EBR) and inquiry exceptions.
The 75-day-old application falls within the 3-month inquiry exception. The active policyholder falls under an ongoing EBR. Both override the National Do Not Call Registry.
Federal law allows producers to contact individuals on the National Registry if they have an active relationship or a recent (within 3 months) inquiry.
3
Evaluate internal do-not-call requests.
The former client whose policy lapsed 14 months ago normally falls under the 18-month post-relationship EBR, but they requested to be on the internal do-not-call list.
An internal, company-specific do-not-call request immediately terminates the telemarketing privilege granted by an EBR.
4
Evaluate registry maintenance (scrubbing) requirements.
The agency synchronizing its list every 60 days violates the law.
Telemarketers must update their lists against the National Do Not Call Registry every 31 days to maintain a safe harbor from liability.

Key Concept

TCPA Calling Rules and Do Not Call Registry Exceptions
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Topics

National Do Not Call Registry and TCPA

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