Interpreting DNC Rules

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When can I turn off the DNC check?

https://www.ftc.gov/business-guidance/resources/qa-telemarketers-sellers-about-dnc-provisions-tsr-0

Calls to consumers who have an Established Business Relationship with the organization on whose behalf the call is made:

Sellers and telemarketers may call a consumer whose number is on the National Do Not Call Registry if the seller on whose behalf the call is made has an established business relationship with the consumer—provided the consumer has not asked to be on the seller’s entity-specific do not call list. There are two kinds of established business relationships. One is based on the consumer’s purchase, rental, or lease of the seller’s goods or services, or a financial transaction between the consumer and seller, within 18 months preceding a telemarketing call. The 18-month period runs from the date of the last payment, transaction, or shipment between the consumer and the seller. The other is based on a consumer’s inquiry or application regarding a seller’s goods or services, and exists for three months starting from the date the consumer makes the inquiry or application. For more information, please see the Exemptions to the National Do Not Call Registry Provisions section of Complying with the Telemarketing Sales Rule.

Calls to consumers who have given their written permission to receive telemarketing calls:

Sellers and telemarketers are allowed to call a consumer who has given his or her express agreement, in writing, to receive calls from a specific party, even if the consumer’s number is in the National Do Not Call Registry, unless the consumer has revoked that consent. The consumer must give express agreement in writing to receive calls placed by—or on behalf of—the seller. The writing must include the number to which calls may be made and the consumer’s signature. The signature may be a valid electronic signature, if the agreement is reached online. Sellers making prerecorded calls to consumers must meet additional requirements. First, before obtaining written consent from a consumer, the seller must disclose clearly and conspicuously that the purpose of the agreement is to authorize the seller to place prerecorded calls to the consumer. Second, the seller may not require a consumer to give consent to receive prerecorded calls as a condition of purchasing a good or service. Third, the seller must have obtained express consent directly from the consumer to place the calls. This means that a seller cannot place calls with prerecorded messages to consumers whose information the seller obtained from third-parties. For more information, please see the Exemptions to the National Do Not Call Registry Provisions section and the Telemarketing Calls that Deliver Prerecorded Messages section of Complying with the Telemarketing Sales Rule.

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TCPA Representation and Indemnification

Customer shall be responsible for complying with all laws applicable to its emails, calls and other communication (“Communication”), including those related to acquiring consents to send Communication, the content of the Communications and its Communication deployment practices. Such applicable laws include but are not limited to those pertaining to intellectual property rights, the CAN SPAM Act of 2003, the Telephone Consumer Protection Act, anti-corruption or anti-bribery laws or other applicable laws, statutes, rules or regulations of the United States or of those of any jurisdiction into which any email addresses are collected or Communication sent. Customer acknowledges that CAN SPAM Act of 2003 prohibits the transmission of unsolicited messages to unknown individuals in bulk, or to individuals who have opted out of receiving such messages or content. Company may take remedial action should Customer violate CAN SPAM, the Telephone Consumer Protection Act, or other applicable law and such remedial action may include suspension of Services provided under this Agreement. Company shall have the right, but not the obligation, to monitor at any time, for any reason at its sole discretion, all material and content in the Communication in order to determine compliance with this Agreement or applicable law; however, Company shall not be responsible for nor shall it have any obligation to, monitor the Communication or any content in the Communication. The parties acknowledge and agree that Customer, not Company, is responsible for any TCPA compliance with respect to Leads and Content. Company does not represent or warrant that the Leads or Content will comply with the requirements of the TCPA, nor is it obligated to retain or store evidence of Consumer’s acceptance of any TCPA-related disclosure.

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