If you sold a client a life insurance or annuity contract two years ago, are you legally allowed to call the client back and offer services or ask for a referral? Surprisingly, the answer may now be “no.”

Recently, the Federal Communications Commission (FCC) clarified how financial and insurance contracts are subject to the Established Business Relationship (ERB) exemption of the Telephone Consumer Protection Act (TCPA). This exemption provides an 18-month window after the sale of goods and services during which the vendor may initiate calls to the same customer without violating National Do Not Call Registry rules. For example, if you sold a client a mutual fund, you could make unsolicited calls to that same client for 18 months after the sale.

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