Rules for Avoiding TCPA Violations

CB0011-20

May 27, 2020

The Telephone Consumer Protection Act (TCPA) was created to handle the widespread use of unsolicited marketing calls, and the increasing use of automatic telephone dialing systems and prerecorded messages. YourMedicare is aiding agents in handling these types of calls in a compliant manner. An agent must obtain proper consent, and knowing what type of consent is needed can make all the difference when remaining compliant.

Depending on whether it is an informational call or a marketing call, that will determine whether you need Prior Express Consent, or Prior Express Written Consent.

Informational Calls- Prior express consent is defined as an agreement, written or oral, clearing indicating consent to receive calls at a particular number. This means if a customer knowingly provides a phone number to you in the normal course of business, without conditions, express consent can be implied as long as the messages closely relate to the purpose for which the number was originally provided.

Marketing Calls- Prior express WRITTEN consent is defined as a written agreement between the caller and receiver of the call that clearly authorizes the caller to deliver advertisements or telemarketing messages using an automatic telephone dialing system, or an artificial pre-recorded voice. This type of consent must specify the phone number to be called and a signature (electronic or written). The caller must also disclose that consent is not a condition of purchase. Be sure the number has not been reassigned to a party that did not give consent for the call. Remember that the message must closely relate to the purpose for which the number was originally provided.

To obtain express written consent, some best practices are:
• Identify the company to whom they are providing consent
• Identify the customer’s phone number
• Indicate an affirmative agreement
• Clearly indicate that the consumer is authorizing telemarketing services
• Disclose that calls will be made using automated technology
• Clearly disclose that the consumer is not required to purchase goods or services
• Obtain a written signature (electronically or written)
If a consumer revokes the consent, honor their request.

As always, we thank you for your support and cooperation. For questions or comments, please email us at Compliance@NSGACommunications.com or you may call the toll-free number listed below.

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Compliance Updates | 2650 McCormick Drive | Clearwater, FL 33759 | 844.206.2927

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