Tcpa compliance _ regulations, rules and guidelines of the telephone consumer protection act _ experian money laundering services

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The FCC has determined that debt collection calls are not telemarketing calls.

Therefore, under the rule the FCC has stated that with respect to autodialed or prerecorded

Debt collection calls, to the extent that they do not contain telemarketing messages,

Would not require any consent when made to residential wireline consumers, but require

Either prior written or oral consent if made to a consumer’s wireless number

Referring to 47 C.F.R. § 64.1200(a)(1).

On february 15, 2012, the federal communications commission (FCC) issued a report and order (order) that updates and

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Clarifies certain provisions of the TCPA. Remaining in effect is the FCC’s

Earlier ruling that autodialed or prerecorded collection calls to wireless numbers

Are made with the consumer’s “prior express consent” if the consumer

Has given the cell phone number to the creditor for use in normal business communications,

Such as in a credit application.

The FCC also provided in the order a non-exhaustive list of other types of calls

That are exempt from the written consent requirement reserved for telemarketing calls,

Such as research and survey calls and bank account fraud alerts to the extent they

Do not contain telemarketing messages as well.

• any residential telephone subscriber before the hour of 8 a.M. Or after 9 p.M.

(called party’s local time)

• A residential telephone number on the national do-not-call registry

The FCC rules that govern the delivery methods telemarketing and advertisements.Money laundering services

Telemarketing means 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.

Beginning october 16, 2013, prior express written consent was required for all

Autodialed calls, pre-recorded calls or texts sent or made to a wireless number and

Pre-recorded calls made to wired numbers for advertising or telemarketing purposes.

The prior business relationship exemption was eliminated.

Exceptions include calls:

• that are manually dialed and do not contain a pre-recorded message;

• made for emergency purposes;

• not made for a commercial purpose;

• made for a commercial purpose but does not include or introduce an advertisement

Or constitute telemarketing;

• made by or on behalf of a tax-exempt nonprofit organization; or

• that delivers a “health care” message made by, or on behalf of, a

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“covered entity” or its “business associate,” as those terms

Are defined in the HIPAA privacy rule.

Some other important restrictions under the TCPA include:

• disconnect an unanswered telemarketing call prior to at least 15 seconds or four

(4) rings.

• abandon more than 3% of all telemarketing calls that are answered live by a person,

As measured over a 30-day period for a single calling campaign. If a single calling

Campaign exceeds a 30-day period, the abandonment rate shall be calculated separately

For each successive 30-day period or portion thereof.

Additional requirements for all artificial or prerecorded voice telephone messages


• at the beginning of the message, it must state clearly the identity of the business,

Individual, or other entity that is responsible for initiating the call.

• during or after the message, state clearly the telephone number (other than that

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Of the auto-dialer or prerecorded message player that placed the call) of such business,

Other entity, or individual. The telephone number provided may not be a number for

Which charges exceed local or long distance charges.

• provide an automated, interactive voice- and/or key press-activated opt-out mechanism

For the called person to make a do-not-call request

And finally, no person or entity may initiate any telephone solicitation to:

• any residential telephone subscriber before the hour of 8 a.M. Or after 9 p.M.

(called party’s local time)

• A residential telephone number on the national do-not-call registry