Paul Sanchez
The National Do Not Call Registry is a list that tells registered telemarketers which numbers not to call, with the aim of reducing unsolicited sales calls. While the registry does not block calls, it is illegal to use the list for any purpose other than preventing telemarketing calls to the numbers on it. There are several exceptions to the do-not-call rules, including for friends, family members, and acquaintances, and referrals. Additionally, insurance companies are exempt from the state list, and under Texas rules, licensed agents may be exempt from the do-not-call rules as long as the final sale takes place face-to-face. Consumers can also provide oral or written consent to receive autodialed, prerecorded, or artificial voice calls or texts, and companies can contact consumers for non-solicitation purposes such as following up on calls or servicing existing policies.
| Characteristics | Values |
|---|---|
| Purpose of the Do Not Call Registry | To stop unwanted sales calls from legitimate companies that follow the law |
| Who does the registry apply to? | Telemarketers and sellers of goods and services over the phone |
| Who is exempt from the registry? | Friends, family members, acquaintances, and referrals |
| What type of calls are exempt? | Consumer-consented calls, consumer-initiated calls, business-to-business calls, emergency calls, informational calls, and calls from tax-exempt non-profit organizations |
| How to register a phone number? | Register online at DoNotCall.gov or call 1-888-382-1222 (TTY: 1-866-290-4236) |
| How to remove a phone number? | Call 1-888-382-1222 from the phone number you want to remove |
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What You'll Learn
Licensed insurance agents are exempt from the do-not-call list
The federal and state do-not-call rules impact how insurance companies respond to referrals. For example, if an agency producer is closing a commercial account and the owner asks about homeowners or auto coverage, a licensed agent may be exempt from the do-not-call rules if the final sale takes place face-to-face and not over the phone. Additionally, if a prospect asks an agent to call, they can respond by phone, although it is good practice to obtain written permission to avoid any issues.
In the state of Texas, licensed insurance agents are exempt from the Texas do-not-call list. In Michigan, the Michigan Home Solicitation Sales Act (MHSSA) establishes telemarketing restrictions and adopts the federal do-not-call registry, but it does not apply to "a sale or solicitation of insurance by an insurance agent licensed by the commissioner of insurance."
It is important to note that while licensed insurance agents have some exemptions, they must still respect a consumer's request to be placed on their internal do-not-call list. Additionally, agencies must maintain a separate list for consumers who have informed them that they do not wish to receive further calls, even if they are not on the national or state do-not-call lists.
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Referrals from current customers, friends or producers
Referrals are a vital source of new business for insurance agents. However, federal and state do-not-call rules place certain restrictions on how insurance agents can respond to referrals. For instance, if you receive a referral from a current customer, friend, or producer in the agency, you must not call the referred individual at their home phone number unless you have written permission from them. This is because federal do-not-call rules prohibit calling anyone on the national do-not-call list without written permission, even if they verbally request a call.
To obtain written permission, you can ask the referral for their email address or home address. Once you have their contact details, you can email or send a letter requesting permission to call them. If they grant permission, be sure to retain this in the prospect's file, either as a hard copy or electronically. It is important to establish procedures for handling prospects who ask not to be called at home.
While federal rules apply to residential phone numbers, it appears that insurance agents are permitted to call individuals at their business phone numbers, even if discussing personal insurance matters. Additionally, if a prospect calls your office, you can return their call without written permission within 30 days of their initial call.
It is worth noting that some states, like Texas, may have their own rules regarding do-not-call lists. In Texas, a licensed insurance agent may be exempt from the do-not-call rules as long as the final sale takes place face-to-face and not over the phone. Therefore, it is important to be aware of the specific rules and regulations in your state.
To generate referrals, insurance agents can leverage their existing client base. Word-of-mouth marketing from satisfied customers can be a powerful tool, as individuals tend to trust recommendations from friends and family more than traditional advertisements. By fostering authentic relationships with clients and providing excellent service, insurance agents can increase the likelihood of referrals. Additionally, agents can collaborate with other professionals in the industry, such as local agents or agencies offering complementary products, to create cross-referral partnerships that benefit both parties.
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Unsolicited calls from independent contractors
Independent contractors are self-employed individuals or businesses that provide services to insurance agencies under a contract. They are typically highly-skilled professionals who work on a project basis and manage their own business affairs and sales contacts. In the insurance industry, common positions filled by independent contractors include IT professionals, accountants, and actuaries.
When it comes to unsolicited calls, federal and state do-not-call rules generally prohibit calling anyone on the national do-not-call list without written permission. However, there are exceptions for businesses, and insurance companies and their independent contractors may fall under this exemption. While insurance companies themselves may not make cold calls to prospective customers, their independent contractors, as separate businesses, may have more flexibility to do so.
That being said, if a consumer requests to be placed on an insurance company's do-not-call list, that request should be honoured, and the company's independent contractors should also abide by that request. Consumers can register their telephone numbers on the National Do-Not-Call Registry to reduce unsolicited sales calls. If a consumer receives an unsolicited call from an insurance company's independent contractor, they can simply inform the caller that they do not wish to receive further calls. The contractor is then required to maintain a separate do-not-call list and refrain from calling those numbers in the future.
It is important to note that insurance companies and their independent contractors must still comply with federal and state laws regarding unsolicited calls. While there are exceptions, the general principle is to respect consumers' wishes and avoid making unsolicited calls to those who have expressed their desire to not receive them.
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Calls to follow up on enquiries, claims or billing
When it comes to insurance agents and the do-not-call lists, there are certain exceptions and situations where calls are permissible. These include calls to follow up on enquiries, claims or billing. Here are some guidelines and scenarios to consider:
Following Up on Enquiries
If a prospect or customer has made an enquiry, it is generally acceptable for an insurance agent to call them back to provide the requested information or assistance. This is especially relevant if the prospect has specifically asked to be contacted by phone. In such cases, it is important to obtain written permission, especially if the call involves discussing personal insurance matters. This can be done by email, letter, or fax, and it ensures compliance with federal do-not-call rules.
Returning Calls within a Reasonable Timeframe
Insurance agents are typically allowed to return calls within a reasonable timeframe. For example, if a prospect calls an office and leaves a message, the agent has up to 30 days to return the call without seeking additional permission. This flexibility allows for prompt follow-up and customer service without violating do-not-call restrictions.
Claims Handling and Communication
When dealing with insurance claims, effective communication is essential. It is often necessary for insurance agents to make calls related to claims, whether it's to follow up on a claim, provide updates, or request additional information. Policyholders should document all communications related to their claim, including phone conversations. Keeping a notebook or diary to track interactions, confirm representations, and create a paper trail can be helpful. Following up on a claim-related phone call with an email or letter that summarises the discussion and any agreed-upon actions can also ensure clarity and protect the interests of all parties involved.
Billing and Account Matters
Insurance agents may need to contact customers regarding billing or account matters. This could include clarifying billing amounts, discussing payment options, or addressing discrepancies. As with claims, it is beneficial to document these communications and follow up with written confirmation to ensure transparency and resolve any potential issues promptly.
Referrals and Licensed Agents
In certain states, licensed insurance agents may be exempt from do-not-call rules when dealing with referrals, as long as the final sale occurs face-to-face and not over the phone. However, it is important to exercise caution and always respect the wishes of consumers who have expressly stated that they do not wish to receive further calls.
In summary, while insurance agents must adhere to do-not-call lists, there are exceptions that allow them to make calls related to following up on enquiries, claims, or billing. These calls should always be handled professionally, with a focus on providing assistance, resolving issues, and respecting the privacy and preferences of customers.
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Calls from scammers will still come through
While the National Do Not Call Registry is designed to protect consumers from unwanted sales calls, it is important to note that it does not block calls. This means that individuals on the registry may still receive calls from scammers or illegal telemarketers who choose to disregard the law. Scammers can operate from anywhere in the world, making it difficult to enforce do-not-call regulations.
To mitigate this issue, individuals can explore call-blocking and call-labeling services. There are various options available for different types of phones, including cell phones, landlines, and internet-based phones (VoIP). For example, users of cell phones can refer to ctia.org for a list of call-blocking and call-labeling apps. For landlines and internet-based phones, the FCC's Call Blocking Resources provide company-specific information on blocking calls.
Additionally, individuals can take proactive measures to protect themselves from unwanted calls. For instance, they can register their phone numbers with the National Do Not Call Registry by visiting DoNotCall.gov or calling 1-888-382-1222 (TTY: 1-866-290-4236). This service is free and easy to use, and it is important to note that individuals can register both cell phone and home phone numbers. It is also essential to understand that even if a number is registered, it can take up to 31 days for sales calls to stop.
In the event that an individual continues to receive unwanted calls after registering with the National Do Not Call Registry, they should hang up and report the call to the FTC. This can be done by visiting the FTC's website or contacting them via the provided phone numbers. It is also worth noting that individuals have the right to request that a business or organization place them on their internal "do not call" list, and these entities are required to comply.
While the National Do Not Call Registry is a valuable tool for reducing unwanted sales calls, it is not a guarantee against all unsolicited calls. Scammers and illegal telemarketers may still attempt to contact individuals, and it is important to be vigilant and utilize additional call-blocking and call-labeling services for further protection.
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Frequently asked questions
The National Do Not Call Registry is a list that tells registered telemarketers which numbers not to call. It is designed to stop unwanted sales calls from legitimate companies that follow the law.
You can register your number for free at DoNotCall.gov or by calling 1-888-382-1222 (TTY: 1-866-290-4236) from the phone you want to register.
Yes, there are some exceptions to the National Do Not Call Registry. For example, insurance companies are exempt from the state list, and licensed insurance agents are exempt from the federal and state do-not-call rules when a referral is involved, as long as the final sale is done face-to-face. Other exceptions include emergency calls, calls made with the consumer's consent, and calls initiated by the consumer.
