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Zorluk: Çok zorNational Do Not Call Registry and TCPA

An insurance agency based in the Eastern Time (ET) zone is conducting a telemarketing campaign. Based on the Telephone Consumer Protection Act (TCPA) and National Do Not Call (DNC) Registry regulations, which of the following outbound calls are legally PERMISSIBLE? (Select all that apply)

  1. A
    At 9:15 AM ET, calling a prospect located in Pacific Time (PT) who submitted an online request for a life insurance quote 60 days ago.
  2. At 6:30 PM ET, calling a former client located in Mountain Time (MT) whose homeowners policy was cancelled 14 months ago.Cevap
  3. C
    At 2:00 PM ET, calling an active policyholder to cross-sell a new annuity product, even though the client asked to be placed on the agency's internal do-not-call list three months ago.
  4. At 4:00 PM ET, calling a consumer whose number is on the National DNC Registry, because the agency received the consumer's signed, express written consent to receive telemarketing calls last week.Cevap

Cevap

The permissible calls are the 6:30 PM ET call to the former client in Mountain Time and the 4:00 PM ET call to the consumer who provided express written consent.
The correct selections are permissible because they adhere to both the temporal and relationship-based exceptions of the TCPA. The call to the former client in Mountain Time is made at 4:30 PM local time, well within the 8:00 AM to 9:00 PM window, and falls within the 18-month Established Business Relationship (EBR) exception. The call to the consumer who provided express written consent is also fully compliant, as valid written consent directly overrides the National DNC Registry restrictions.

Adım Adım Çözüm

1
Evaluate the permissible calling hours for each scenario.
Calls must be placed between 8:00 AM and 9:00 PM in the recipient's local time zone.
The TCPA strictly enforces time-of-day restrictions regardless of other exemptions.
2
Analyze the Established Business Relationship (EBR) rules.
An EBR allows calls for up to 18 months after a transaction or 3 months after an inquiry.
EBRs act as a temporary exception to the National DNC Registry.
3
Apply the internal do-not-call list and express consent rules.
An internal DNC request overrides an active EBR, whereas express written consent overrides the National DNC Registry.
Specific consumer privacy preferences take precedence over general business relationship exemptions.
4
Determine which specific calls meet all federal criteria.
The call to the former client (14 months ago) and the call with express written consent are legally permissible.
Both satisfy the time-of-day requirements and possess valid exemptions to the DNC Registry without violating internal lists.

Anahtar Kavram

National Do Not Call Registry and TCPA Calling Restrictions
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Konular

National Do Not Call Registry and TCPA

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