Telephone Consumer Protection Act

Question 1

When is express written consent required prior to making a call? What type of calls? What type of equipment?

Answer 1

• All autodialer/robocall telemarketing calls to cell phones
• All robocall telemarketing calls to residential lines

Question 2

What does “express written consent” mean?

Answer 2

Discloses to the consumer that

• By signing the agreement, she authorizes the seller to deliver, to a designated phone number, telemarketing calls using an autodialer or an artificial or prerecorded voice
• The consumer is not required to sign the agreement, or agree to enter into it, as a condition of purchasing any property, goods or services

Question 3

How do the requirements change when a credit union uses an autodialer or prerecorded message?

Answer 3

AUTODIALER (ATDS)

• Residential (Commercial) - None
• Residential (Informational) - None
• Cell Phone (Commercial) - Prior express written consent
• Cell Phone (Informational) - Prior express consent

PRERECORDED

• Residential (Commercial) - Prior express written consent
• Residential (Informational) - None
• Cell Phone (Commercial) - Prior express written consent
• Cell Phone (Informational) - Prior express consent

Question 4

What are the requirements with respect to a credit union’s company-specific do-not-call registry?

Answer 4

• Must record the request and place the subscriber’s name and telephone number on the do-not-call list at the time the request is made
• Must honor the request within a reasonable time from the date such request is made, but no later than 30 days from the request
• Must also maintain a record of the subscriber’s request and honor the request for 5 years from the time the request is made

Question 5

What are the restrictions on telephone solicitations? Under what circumstances is a credit union shielded from liability for making solicitations to someone on the national do-not-call database?

Answer 5

May not make telephone solicitations to any residential telephone subscriber before 8 a.m. or after 9 p.m. local time, or call any residential telephone subscriber registered on the national do-not-call list.

Not liable if violation was the result of an error and routine business practices meet the standards:

• Written Procedures
• Training of Personnel
• Recording
• Accessing the National Do-Not-Call Database
• Purchasing the National Do-Not-Call Database
• If it has obtained the subscriber’s prior express permission
• Can also be avoided where the telemarketer making the call has a personal relationship with the recipient of the call