We have subscribed to the National Do Not Call (DNC) Registry, and our Subscription Account Number (SAN) allows us to review the Registry in five area codes for free. If a non-customer leaves a message at our bank inquiring about a service, are we permitted to return their call without reviewing the DNC Registry outside those area codes? What if an existing customer gives us contact information for a non-customer friend or relative who they think may be interested in our services? Can we call those individuals even if their number is listed on the DNC Registry? If not, can we use a form letter to obtain their express written permission to contact them?

Generally, subject to the limitations discussed below, you may return a call in response to an inquiry from a non-customer without checking the DNC registry, even if that individual’s number appears on the national DNC registry. However, we do not believe you should place a call to an individual whose contact information has been provided to you by an existing customer without first obtaining the other individual’s express permission, due to the risk that their number might appear on the DNC registry.

Under the federal Telephone Consumer Protection Act (TCPA), a business generally may not initiate a telephone solicitation to an individual who has placed their name on the national DNC registry. However, the FCC rule states that a call is not a “solicitation” if made as part of an “established business relationship.” An “established business relationship” is formed when a customer makes an inquiry, and this status lasts three months from the date of that inquiry (provided that the individual does not specifically request to not receive calls from your bank within this period). So under the FCC rule, you may place a call to a person who is on the DNC registry within three months after the date of the person’s inquiry.

With respect to making calls to a person whose contact information has been provided to you by a customer, we do not believe that the exemptions under the federal law would apply if you have had no prior contact with that person and they have not inquired about your services. Consequently, if such person’s phone number is listed on the DNC registry, you would be in violation of federal law by contacting them.

As to the form of prior express permission, we are not aware of any prohibition against using a preprinted letter — such as you suggested — provided that the letter comports with the federal requirement to be signed by the individual you wish to contact, and it states that they agree to be contacted by your bank and includes the telephone number to which your calls may be placed.

Also, we note that a more-restrictive Illinois law, the Restricted Call Registry Act, has been repealed as of July 20, 2018.

For resources related to our guidance, please see:

FCC Telemarketing Rules, 47 CFR 64.1200(c)(2) (“No person or entity shall initiate any telephone solicitation to . . . A residential telephone subscriber who has registered his or her telephone number on the national do-not-call registry of persons who do not wish to receive telephone solicitations that is maintained by the Federal Government . . . .”)

FCC Telemarketing Rules, 47 CFR 64.1200(f)(14) (“The term ‘telephone solicitation’ . . . does not include a call or message (A) to any person with that person’s prior express invitation or permission, (B) to any person with whom the caller has an established business relationship, or (C) by a tax exempt nonprofit organization.”)

FCC Telemarketing Rules, 47 CFR 64.1200(f)(5) (“The term established business relationship for purposes of telephone solicitations means a prior or existing relationship formed by a voluntary two-way communication between a person or entity and a residential subscriber . . . on the basis of the subscriber’s inquiry or application regarding products or services offered by the entity within the three months immediately preceding the date of the call, which relationship has not been previously terminated by either party.”)

FCC Telemarketing Rules, 47 CFR 64.1200(f)(5)(i) (“The subscriber’s seller-specific do-not-call request, as set forth in paragraph (d)(3) of this section, terminates an established business relationship for purposes of telemarketing and telephone solicitation even if the subscriber continues to do business with the seller.”

FCC Telemarketing Rules, 47 CFR 64.1200(c)(2)(ii) (“Any person or entity making telephone solicitations (or on whose behalf telephone solicitations are made) will not be liable for violating this requirement if . . . it has obtained the subscriber’s prior express invitation or permission. Such permission must be evidenced by a signed, written agreement between the consumer and seller which states that the consumer agrees to be contacted by this seller and includes the telephone number to which the calls may be placed . . . .”)