Telephone Consumer Protection Act of 1991

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When are telemarketing calls permitted? (what hours?)

Between the hours of 8am and 9pm

The FCC regulations impose financial penalties on all commercial telemarketers for calling phone numbers on the ____-______-_____ registry.

Do-Not-Call registry

True or False: The bank does not safe harbor if they mistakenly call a person on the do not call list

False, a safe harbor exists for a mistake if the bank also has 1. written procedures 2. training 3. maintenance of a list of telephone numbers excluded from contact 4. access to a version of the DNC registry obtained no more than 3 months before the accidental call was made 5. process to ensure that it does not sell, rent, lease, purchase, or use the DNC database in any manner

A telemarketer in D.C. called someone in L.A. at 8am EST. Is this in compliance?

No because the time in L.A. is earlier than 8am (telemarketers have to follow the hours of the recipient of which they are calling)

True or False: The bank is not subject to TCPA if it does not engage in telephone solicitation

True

True or False: Under the FCC's rules, no seller or entity telemarketing on behalf of the seller can initiate a telephone solicitation to a residential telephone subscriber who has registered his or her telephone number on the national "Do-Not-Call" registry

True

Do companies have to maintain "company specific" DNC lists?

Yes, it should reflect the names of customers with established business relationships who have requested to be excluded from telemarketing.


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