TCPA Flashcards
What is an abandoned call?
A telephone call that is not transferred to a live sales agent within two seconds of the recipient’s completed greeting.
What is an automatic telephone dialing system and autodialer?
Equipment that has the capacity to store or produce telephone numbers to be called using a random or sequential number generator and the capability to dial such numbers.
What is the definition of an established business relationship under TCPA?
A prior or existing relationship between a person or entity and a residential subscriber based on the subscriber’s purchase or transaction with the entity within the 18 months immediately preceding the date of the telephone call or on the basis of the subscriber’s inquiry or application regarding products or services offered by the entity within the three months immediately preceding the date of the call, and neither party has previously terminated the relationship.
An individual may reasonably expect that an affiliate is included in an established business relationship based on products offered or the identity of the affiliate
What is a residential subscriber?
An individual who has contracted with a common carrier to provide telephone exchange service at a personal residence
What is a seller?
The person or entity on whose behalf a telephone call or message is initiated for the purpose of encouraging purchase or rental of, or investment in, property, goods, or services, which is transmitted to any person.
What is a telemarketer?
The person or entity that initiates a telephone call or message for the purpose of encouraging the purchase or rental of, or investment in, property, goods, or services, which is transmitted to any person.
What is telemarketing?
The initiation of a telephone call or message for the purpose of encouraging the purchase or rental of, or investment in, property, goods, or services, which is transmitted to any person.
What is telephone solicitation?
The initiation of a telephone call or message for the purpose of encouraging the purchase or rental of, or investment in, property, goods, or services, which is transmitted to any person. Telephone solicitation does not include a call or message to any person with that person’s permission, to any person with whom the caller has an established business relationship, or on behalf of a tax-exempt nonprofit organization.
What is an unsolicited advertisement?
Any material that advertises the commercial availability or quality of any property, goods, or services, which is transmitted to any person without that person’s prior express invitation or permission.
What are the requirements under TCPA? (8)
- Banks must comply with do not call registry coverage
- no entity telemarketing can initiate a telephone solicitation to a residential telephone subscriber who has registered their number on the national do not call registry.
- companies must maintain company specific do not call lists reflecting names of customers with business relationships who have requested to be excluded from telemarketing.
- telemarketing can only be made between the hours of 8am and 9pm.
- all telemarketers must comply with limits on abandoned calls and employ other consumer friendly practices when using automated telephone dialing equipment.
- all prerecorded messages must identify the name of calling entity and telephone number that can be used to ask not to be called again.
- all telemarketers must transmit caller ID info
- Unsolicited fax transmissions must be preceded by the advertisers receipt of the express written permission and signature of the intended recipient, unless there is an existing business relationship.
What safeharbor exists for inadvertent violation of the do not call list? (6)
The telemarketer is safe if they can demonstration the violation was an error and that its routine practices include:
- written procedures
- training
- maintenance of a do not call list
- use of a National do not call list obtained no more than 31 days prior to date call was made
- process to ensure it does not sell, rent, lease, purchase, or use the do not call database in any manner except compliance with TCPA.
What are the requirements regarding abandoned calls? (4)
- A telemarketer must abandon no more than 3 percent of calls answered by a person and must deliver a prerecorded identification message when abandoning a call.
- Two or more telephone lines of a multi-line business are not to be called simultaneously.
- Telemarketers must not disconnect an unanswered telemarketing call prior to at least 15 seconds or four rings.
- All businesses that use autodialers to sell services must maintain records documenting compliance with call abandonment rules.
A bank is only subject to TCPA if they do what?
If they or a third-party telemarketing firm engage in any form of telephone solicitation.
What procedures must be followed regarding the Do not call list rules? (7)
- Verify if the subscriber’s telephone number was listed on the national do not call registry.
- if they are on the registry and a telemarking call is made, its only if a established business relationship exists or if the safe harbor provisions have been met
- have a process to determine if the bank has an established business relationship with the subscriber.
- customers who request to be placed on the company specific do not call risk had their request honored for 5 years.
- National Do not call list is not older that 31 days
- institution maintains records to support the 3 month process
- telephone call was made during appropriate hours (8am-9pm)
What procedures must be followed for automated dialing and abandoned calls? (4)
- Any calls that were made using artificial or prerecorded voice messages to a residential telephone number met the requirements in 47 CFR 64.1200(a)(6)(i).
- The name, telephone number, and purpose of the call were provided to the subscriber if the call was abandoned.
- The institution or its third-party vendor maintains appropriate documentation of abandoned calls, sufficient to determine whether they exceed the 3 percent limit in the 30-day period reviewed.
- The institution or its third-party vendor transmits caller identification information.
