An insurance producer makes a cold call to a local resident to offer a new life insurance product. The resident is not listed on the National Do Not Call Registry but explicitly tells the producer, "Please remove me from your list and never call me again." Under the Telephone Consumer Protection Act (TCPA), which of the following best describes the producer's legal obligation?
- AThe producer is exempt from the request because the resident's phone number is not actively listed on the National Do Not Call Registry.
- BThe producer must forward the resident's phone number to the Federal Trade Commission to be added to the National Registry within 31 days.
- The producer must place the resident's number on the agency's internal do-not-call list and immediately cease telemarketing calls to that number.Answer
- DThe producer may continue calling for up to three months since the answered phone call automatically created a temporary inquiry exemption.
Answer
The producer must place the resident's number on the agency's internal do-not-call list and immediately cease telemarketing calls to that number.
Under the Telephone Consumer Protection Act (TCPA), telemarketers are legally required to maintain an internal, company-specific do-not-call list. If a consumer explicitly asks not to be called again, the caller must honor that request immediately and add the number to their internal list. This applies regardless of whether the consumer is registered on the National Do Not Call Registry.
Step-by-Step Solution
Key Concept
Company-Specific Do Not Call Requirements