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Can ABC Mortgage Company call a borrower who closed a loan with them last week if her name is on the National Do Not Call Registry and on ABC's internal do not call list?

User Bennet
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1 Answer

7 votes

Final answer:

ABC Mortgage Company might be able to contact a borrower after a loan closing, depending on the established business relationship exception in the Telemarketing Sales Rule, unless the borrower has explicitly requested no contact by being on the company's do not call list.

Step-by-step explanation:

The question concerns whether ABC Mortgage Company can contact a borrower who is listed on both the National Do Not Call Registry and ABC's own internal Do Not Call list after closing a loan. Under the Telemarketing Sales Rule enforced by the Federal Trade Commission (FTC), businesses are generally prohibited from calling numbers on the Do Not Call Registry. However, there are exceptions to this rule, such as an established business relationship within a certain timeframe after the completion of a transaction which may allow for follow-up calls.

In the specific case of a loan closing, the company may be allowed to contact the borrower for purposes directly related to the loan they have closed on. However, if the borrower has explicitly requested not be contacted by placing themselves on the company's internal do not-call list, the company should honor this request unless there are specific, permissible circumstances that apply. When in doubt, ABC Mortgage Company should consult legal counsel to ensure compliance with relevant telemarketing laws.

User IshmaelMakitla
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