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Difficulty: MediumNational Do Not Call Registry and TCPA

Marcus, a licensed insurance producer, is planning his telemarketing outreach for the day. He intends to contact four individuals whose phone numbers are actively listed on the National Do Not Call Registry. Under federal telemarketing regulations, which of the following individuals is Marcus legally permitted to call without obtaining prior express written consent?

  1. A consumer who submitted an online request for an auto insurance quote on the agency's website two months ago.Answer
  2. B
    A former policyholder whose homeowners insurance was canceled twenty months ago.
  3. C
    A current client who bought a policy ten months ago, but requested to be added to the agency's internal do-not-call list three months ago.
  4. D
    A new prospect referred by a loyal client, who has never directly interacted with the producer or the agency.

Answer

The individual who submitted an online request for an auto insurance quote two months ago is the only person the producer can legally call.
Under federal telemarketing regulations, an Established Business Relationship (EBR) is created when a consumer makes an inquiry or submits an application. This specific type of EBR allows a producer to call the consumer for up to 3 months from the date of the inquiry, even if the consumer's phone number is on the National Do Not Call Registry. Since the quote request occurred two months ago, the call is legally permitted without prior express written consent.

Step-by-Step Solution

1
Identify the primary exceptions to the National Do Not Call Registry rules.
The Established Business Relationship (EBR) exemption allows producers to contact consumers under specific timeframes.
Telemarketers must avoid calling numbers on the registry unless a specific statutory exemption applies.
2
Determine the legal timeframes for the Established Business Relationship (EBR) exemptions.
An EBR allows calls for 18 months following a transaction or purchase, and for 3 months following a consumer inquiry or application.
These specific timeframes are required to evaluate if each consumer scenario falls within the permissible window.
3
Evaluate each consumer scenario against the EBR timeframes and overriding rules.
The quote inquiry is within the 3-month window. The 20-month canceled policy exceeds the 18-month window. The internal DNC request overrides the 18-month window. Referrals do not create an EBR.
Applying the rules systematically identifies the single legally permissible telemarketing call.

Key Concept

National Do Not Call Registry Exemptions and the Established Business Relationship (EBR)
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Topics

National Do Not Call Registry and TCPA

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