Question

Difficulty: MediumNational Do Not Call Registry and TCPA

An independent property and casualty producer is organizing a cross-selling campaign to promote a new personal umbrella policy. All individuals on the contact list are registered on the National Do Not Call Registry. Assuming the calls will be placed at 4:00 PM in the recipients' respective time zones, which of the following individuals may the producer legally contact without prior express written consent?

  1. A current client who purchased a standard renter's insurance policy fourteen months agoAnswer
  2. B
    A prospective customer who submitted a web form requesting an auto insurance quote five months ago
  3. C
    A former policyholder who canceled their commercial liability coverage twenty months ago
  4. D
    A local resident who submitted a quote inquiry two weeks ago but explicitly asked to be added to the agency's internal do-not-call list

Answer

A current client who purchased a standard renter's insurance policy fourteen months ago
The Telephone Consumer Protection Act (TCPA) provides an Established Business Relationship (EBR) exemption, allowing businesses to contact consumers on the National Do Not Call Registry for up to 18 months following their last purchase, delivery, or payment. Since the client purchased a policy fourteen months ago, the producer is legally permitted to make the call.

Step-by-Step Solution

1
Evaluate the timing and nature of the relationship for the current client.
The purchase was 14 months ago.
Federal law permits calls to existing clients for up to 18 months after a transaction under the Established Business Relationship exception.
2
Analyze the timeframe for the prospective customer's web inquiry.
The inquiry is 5 months old.
The safe harbor for consumer inquiries only lasts for 3 months.
3
Assess the former policyholder's timeline.
The policy was canceled 20 months ago.
The 18-month Established Business Relationship (EBR) window has officially expired.
4
Determine the effect of the internal do-not-call request.
The internal request overrides the recent 2-week inquiry.
Company-specific do-not-call requests immediately revoke any implied consent or statutory exceptions.

Key Concept

Established Business Relationship (EBR) exemptions and timeframes under the TCPA
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