Topic: Telemarketing
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A form entitled “CONSENT TO CONTACT YOU BY TELEPHONE, TEXT AND EMAIL” has started to appear in our test loan production environment. The form authorizes a lender to contact its loan customer about their loan account by telephone, text and email. Is this form required under Illinois law?
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No, we do not believe this form is required by Illinois law, and we are not aware of any Illinois law requiring a lender to obtain written consent to contact their customers about their loan accounts by telephone, text or email. However, federal law may require that you obtain prior written consent to contact your…
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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?
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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…
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When a person calls into our call center, are we required to disclose that the call is being recorded for quality assurance purposes?
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Illinois law generally prohibits you from recording phone calls with customers unless you meet the conditions required under one of the exemptions to that rule. 720 ILCS 5/14-2. There is an exception for use of a telephone monitoring device to record a conversation related to the solicitation, administration, or collection of a bank account, provided…
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Do we have to provide a non-customer with our do-not-call policy, even if we never made a telephone solicitation to that individual?
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We are not aware of any amendments to the Federal Communication Commission (the “FCC”) rules that went into effect on October 1, 2005. We were able to trace the current provisions regarding written policies and procedures for telephone solicitations and telemarketing back to the rules that went into effect on August 25, 2003. In a…