An MLO uses an autodialer to call consumers but always has a live agent available immediately when the call connects. The calls are made to numbers on the National Do Not Call Registry. What determines if this is a violation?
Correct Answer
B) Whether prior express written consent was obtained
Under the TCPA, using an autodialer to call cell phones requires prior express written consent, regardless of whether a live agent is immediately available. Being on the National DNC Registry and the use of autodialers are separate compliance issues that both must be addressed.
Why This Is the Correct Answer
Under the TCPA, using an autodialer to call cell phones requires prior express written consent, regardless of whether a live agent is immediately available. Being on the National DNC Registry and the use of autodialers are separate compliance issues that both must be addressed.
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An MLO calls a consumer at 8:45 PM Eastern Time from California (5:45 PM Pacific). The consumer is located in New York. Is this call timing compliant with TSR regulations?