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Difficulty: MediumNational Do Not Call Registry and TCPA

An insurance brokerage firm purchases a list of prospects and downloads the National Do Not Call (DNC) Registry on October 1st to scrub the contact data. The firm's producers begin a manual outbound cold-calling campaign using this scrubbed list. On November 12th of the same year, a producer calls a prospect from the list. The prospect had successfully registered their phone number on the National DNC Registry on October 5th. The producer and the brokerage have no prior established business relationship (EBR) with this prospect.

Based on the Telephone Consumer Protection Act (TCPA) and federal telemarketing regulations, which of the following statements is correct regarding the legality of this call?

  1. The call is a regulatory violation because the firm failed to synchronize its contact list with the National DNC Registry within the required 31-day timeframe.Answer
  2. B
    The call is permissible under safe harbor rules because the prospect registered their number after the firm's initial October 1st list download.
  3. C
    The call is permissible because the producer dialed the number manually, which exempts the call from National DNC Registry restrictions.
  4. D
    The call is a regulatory violation because insurance producers must obtain prior express written consent before making any outbound prospecting calls.

Answer

The call is a regulatory violation because the firm failed to synchronize its contact list with the National DNC Registry within the required 31-day timeframe.
The correct answer accurately identifies that telemarketers, including insurance producers, must consult and scrub their calling lists against the National Do Not Call Registry at least once every 31 days. Because 42 days elapsed between the October 1st download and the November 12th call, the firm was using an outdated list. Consequently, calling a consumer who had registered their number prior to the required update deadline constitutes a regulatory violation.

Step-by-Step Solution

1
Identify the date the National Do Not Call Registry was downloaded and the date the outbound call was made.
The registry was downloaded on October 1st, and the call was made on November 12th.
Federal regulations dictate strict timeframes for how frequently telemarketers must update their contact lists.
2
Calculate the time elapsed between the download and the call, and compare it to statutory requirements.
Exactly 42 days elapsed. The TCPA requires telemarketers to scrub their lists against the National DNC Registry at least every 31 days.
This calculation determines if the firm's reliance on the October 1st list was legally valid at the time the call was placed.
3
Evaluate if any exceptions, such as an Established Business Relationship (EBR), apply to override the DNC restriction.
The scenario explicitly states there is no prior EBR between the producer and the prospect.
An active EBR would allow the producer to call the prospect for up to 18 months, even if the number was on the DNC registry.

Key Concept

National Do Not Call Registry 31-Day Scrub Rule
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Topics

National Do Not Call Registry and TCPA

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