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JerrySJD, Attorney
Category: Business Law
Satisfied Customers: 821
Experience:  Attorney for business formation, business sales, tax, partnerships, sole proprietors and buy/sell agreements.
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If I hire a company to find leads for insurance sales that

Customer Question

If I hire a company to find leads for insurance sales that uses an auto dialer to cold call clients, after the new fed regulations from Feb 2012, if they are offering the opt out mechanism, and are implementing a survey for use, then are offering to allow customers to speak with an agent or take a message for one to call later, could anyone get sued from this activity? Company name is XXXXX XXXXX mentioned, in fact no names are XXXXX XXXXX
Submitted: 5 years ago.
Category: Business Law
Expert:  JerrySJD replied 5 years ago.
The auto dialers should exclude all persons on the do not call list. The lack of identification, as a practical matter, should limit exposure. There is still risk. Last time I checked, the fine for violation was $11,000. The scheme of asking for a follow up call and an opt out mechanism probably does not stop the call from being a "cold call". The best way to prevent a problem is to exclude calls from the do not call list.