Author Topic: Anyone know the official time frame to honor a request for "Do not call Policy"  (Read 615 times)

0 Members and 1 Guest are viewing this topic.

dvdcowboy

  • Valued Member
  • Posts: 44
I understand it is a "reasonable" amount of time, but can anyone cite an exact time frame for the caller to send the policy before being in violation?

I usually wait more than a month before I pursue, but why wait.

CleaningUp

  • Valued Member
  • Posts: 10663
In my view, a month is reasonable.

But the consumer has some leverage here, because the collector is going to scream bona fide error.


Bona fide error, to be a valid defense must show that there procedures in place that are designed to prevent that error, and that the error was, indeed, inadvertent.

If they have no policy, they are at the mercy of what you argue as "reasonable" and what the court will by. If they have a policy, then "reasonable" is defined by them (and the policy), and they have to convince the judge that what happened fits the parameters of "bona fide" .

Five days from the date of receipt would seem to be more than reasonable.


chester474

  • Valued Member
  • Posts: 193
The Telephone Consumer Protection Act (TCPA) 47 Section 227 and CFR 64.1200 do not use the "term" reasonable."

The policy is required to be told to all employees and should be immediately available and a policy should be made available by return mail.

Taking a longer period of time would be a good basis to infer they didn't have a policy and had to  get one!

aaabbb

  • Valued Member
  • Posts: 60
The Telephone Consumer Protection Act (TCPA) 47 Section 227 and CFR 64.1200 do not use the "term" reasonable."
Yes they do. Telemarketers are required to comply with a do-not-call request within a reasonable period of time not to exceed thirty days. That's assuming they are not using an autodialer. If they are using an autodialer the calls must stop immediately.

47 CFR 64.1200 (d)(3)Recording, disclosure of do-not-call requests. If a person or entity making a call for telemarketing purposes (or on whose behalf such a call is made) receives a request from a residential telephone subscriber not to receive calls from that person or entity, the person or entity must record the request and place the subscriber's name, if provided, and telephone number on the do-not-call list at the time the request is made. Persons or entities making calls for telemarketing purposes (or on whose behalf such calls are made) must honor a residential subscriber's do-not-call request within a reasonable time from the date such request is made. This period may not exceed thirty days from the date of such request. If such requests are recorded or maintained by a party other than the person or entity on whose behalf the telemarketing call is made, the person or entity on whose behalf the telemarketing call is made will be liable for any failures to honor the do-not-call request. A person or entity making a call for telemarketing purposes must obtain a consumer's prior express permission to share or forward the consumer's request not to be called to a party other than the person or entity on whose behalf a telemarketing call is made or an affiliated entity.

chester474

  • Valued Member
  • Posts: 193
I'm sorry if I wasn't clear - I should have said the term "reasonable" is not used in the section requiring a copy of the do-not-call policy to be sent upon request. I always throw in a claim for their failure not to send a copy if they don't send it by return mail and I've always prevailed.