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Zorluk: OrtaNational Do Not Call Registry and TCPA

An insurance compliance officer is auditing a producer's telemarketing practices. Which of the following actions comply with the Telephone Consumer Protection Act (TCPA) and National Do Not Call Registry rules? (Select all that apply.)

  1. Contacting a prospect whose number is on the National Do Not Call Registry because they submitted an online quote request to the agency 45 days ago.Cevap
  2. Calling a former policyholder 14 months after they canceled their coverage to offer new products, despite their number being on the National Do Not Call Registry.Cevap
  3. C
    Synchronizing the agency's lead database against the National Do Not Call Registry every 45 days to ensure contact lists are up to date.
  4. D
    Making an outbound telemarketing call to a current active client at 9:30 PM (in the client's local time zone) because they have an active policy.

Cevap

The compliant actions are contacting a prospect who submitted a quote request 45 days ago, and calling a former policyholder 14 months after their policy cancellation.
Under the Telephone Consumer Protection Act, producers may contact individuals on the National Do Not Call Registry if an Established Business Relationship (EBR) exists. The statutory limits for an EBR are up to 18 months following a business transaction (like a policy cancellation) and up to 3 months following a consumer inquiry (like an online quote request).

Adım Adım Çözüm

1
Evaluate the permissible calling hours requirement.
Calls must occur between 8:00 AM and 9:00 PM based on the recipient's local time.
Federal law strictly prohibits telemarketing calls outside of this window, regardless of any existing relationship with the consumer, invalidating the 9:30 PM call.
2
Evaluate the National Do Not Call Registry scrubbing rules.
Telemarketers must update and scrub their call lists against the federal registry every 31 days.
A 45-day synchronization cycle violates the statutory 31-day maximum requirement.
3
Evaluate Established Business Relationship (EBR) exceptions.
Calls to numbers on the National Do Not Call Registry are permitted for 18 months following a transaction/cancellation, and 3 months following an inquiry.
Calling a former client at 14 months and an inquiring prospect at 45 days both fall within legally permissible EBR windows.

Anahtar Kavram

TCPA and National Do Not Call Registry Compliance Parameters
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Konular

National Do Not Call Registry and TCPA

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