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Zorluk: OrtaNational Do Not Call Registry and TCPA

Rebecca, an independent insurance producer located in the Central Time Zone, is making outbound telemarketing calls at 8:30 PM her local time. Assuming all phone numbers match the consumers' geographic residence, which of the following individuals is Rebecca legally permitted to contact under the Telephone Consumer Protection Act (TCPA) and National Do Not Call Registry regulations?

  1. A former client in the Central Time Zone whose business owners policy expired 16 months ago, and who is currently on the National Do Not Call Registry.Cevap
  2. B
    A prospect in the Central Time Zone who submitted a website inquiry for auto insurance 4 months ago, and who is on the National Do Not Call Registry.
  3. C
    A new referral living in the Eastern Time Zone who is not on any federal or state Do Not Call list.
  4. D
    An active life insurance client in the Central Time Zone who requested to be added to the agency's internal Do Not Call list 60 days ago.

Cevap

A former client in the Central Time Zone whose business owners policy expired 16 months ago, and who is currently on the National Do Not Call Registry.
Under the TCPA, telemarketing calls are permitted between 8:00 AM and 9:00 PM based on the recipient's local time. The Established Business Relationship (EBR) rule allows a producer to call a consumer who is on the National Do Not Call Registry for up to 18 months following the expiration of a policy or completion of a transaction. Because the call to the former client occurs at 8:30 PM local time and is within the 18-month post-transaction window, it is fully compliant with federal regulations.

Adım Adım Çözüm

1
Evaluate the time of the call against the recipient's time zone.
The producer is calling at 8:30 PM Central Time. Calls to the Central Time Zone are valid (before 9:00 PM). Calls to the Eastern Time Zone are invalid because 8:30 PM CT is 9:30 PM ET, exceeding the 9:00 PM cutoff.
TCPA restricts telemarketing calls to between 8:00 AM and 9:00 PM in the recipient's local time zone.
2
Analyze Established Business Relationship (EBR) exemptions for the remaining prospects.
A former client from 16 months ago falls within the 18-month transaction EBR window. A prospect from 4 months ago falls outside the 3-month inquiry EBR window.
The TCPA allows producers to call consumers on the National Do Not Call Registry for up to 18 months after a financial transaction or policy expiration, but only for 3 months after a consumer inquiry.
3
Check for internal, company-specific Do Not Call requests.
The active client who requested to be on the internal DNC list 60 days ago cannot be called.
An internal, company-specific Do Not Call request immediately overrides any existing EBR exception.

Anahtar Kavram

TCPA Calling Hours and Established Business Relationship (EBR) Exceptions
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Konular

National Do Not Call Registry and TCPA

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