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#2208699 - 03/13/19 08:42 PM Enter to Win Contest - Consent
Anonymous
Unregistered


We often hold prize drawings to generate sales leads for various lines of business. In order to enter the contest, individuals must complete an entry slip, with their contact info, and indicate via check box if they wish to receive or decline solicitations from the bank regarding our products and services.

We are planning to modify the entry slip to say by signing and entering the contest, you do agree to be contacted by the bank (so that the contest can generate more leads.) We plan to check entrant’s names against internal “do not call” customer lists, but do not have clear procedures for handling non-customers. My questions are:

1. Does anyone see a problem with restructuring the giveaway entry slip to require consent in advance of entering the contest?
2. How do other institutions ensure you do not contact individuals, especially non-customers, who are listed on “do not call” registries?

Note, bank employees would be contacting sales leads – no robocalling.

I would appreciate any feedback from others who have experience with this. Thank you!

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#2208700 - 03/13/19 08:46 PM Re: Enter to Win Contest - Consent Anonymous
Rocky P Offline
Power Poster
Joined: Jun 2003
Posts: 7,425
Florida
Sounds like a lottery. Since time is money, the individuals are paying a price to join your lottery give-away. (IMHO)
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#2208717 - 03/14/19 12:03 PM Re: Enter to Win Contest - Consent Anonymous
Anonymous
Unregistered

Thanks Rocky! We hadn't viewed it in that light previously, very interesting thought. Curious if others agree.

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#2208719 - 03/14/19 12:31 PM Re: Enter to Win Contest - Consent Anonymous
rlcarey Offline
10K Club
rlcarey
Joined: Jul 2001
Posts: 79,643
Galveston, TX
This is going to be based mainly on State law. It will depend on how your State defines non-monetary consideration. Even if allowed, you would still have to screen for the do not call list. The FTC has ruled that permission to contact buried in the rules of a sweepstakes form is not express authorization to contact and has levied fines before - some in the millions of dollars. Requiring express consent to receive future marketing materials or contact in order to enter is most likely going to be prohibited.
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The opinions expressed here should not be construed to be those of my employer: PPDocs.com

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#2208730 - 03/14/19 02:21 PM Re: Enter to Win Contest - Consent Anonymous
David Dickinson Offline
10K Club
David Dickinson
Joined: Nov 2000
Posts: 18,762
Central City, NE
I don't think this is a lottery. A lottery is defined in Section 20 of the FDI Act:

The term "lottery" includes any arrangement, other than a savings promotion raffle, whereby three or more persons (the "participants") advance money or credit to another in exchange for the possibility or expectation that one or more but not all of the participants (the "winners") will receive by reason of their advances more than the amounts they have advanced, the identity of the winners being determined by any means which includes:

a. a random selection;

b. a game, race, or contest; or

c. any record or tabulation of the result of one or more events in which any participant has no interest except for its bearing upon the possibility that he may become a winner.


I don't believe "time" is "money" in this definition. If you were requiring them to open an account, that would be an "advance of money."
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David Dickinson
http://www.bankerscompliance.com

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#2208733 - 03/14/19 02:38 PM Re: Enter to Win Contest - Consent Anonymous
rlcarey Offline
10K Club
rlcarey
Joined: Jul 2001
Posts: 79,643
Galveston, TX
David,

I do not disagree, that it is likely not a lottery under the FDI Act, but that is not the only consideration. It may be a lottery under State law, as I said, based on how their State defines non-monetary consideration and or other State law requirements on sweepstakes or give-a-ways. Every State has their own nuances in this area.
_________________________
The opinions expressed here should not be construed to be those of my employer: PPDocs.com

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#2208801 - 03/14/19 09:17 PM Re: Enter to Win Contest - Consent Anonymous
David Dickinson Offline
10K Club
David Dickinson
Joined: Nov 2000
Posts: 18,762
Central City, NE
I don't disagree with you Randy. I just wanted to point out that this isn't a lottery under the FDI Act. Time is not money, in this case.
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David Dickinson
http://www.bankerscompliance.com

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#2209079 - 03/20/19 02:34 PM Re: Enter to Win Contest - Consent Anonymous
Anonymous
Unregistered

Do you still have a chance to win a prize if you DON'T get a phone call?

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#2209094 - 03/20/19 03:42 PM Re: Enter to Win Contest - Consent Anonymous
Darth HMDA, CRCM, CAMS Offline
Diamond Poster
Darth HMDA, CRCM, CAMS
Joined: Dec 2013
Posts: 1,387
CA
don't forget about TCPA... bank employees calling or not
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The opinions expressed are mine, do not represent the opinions of my employer, and they are not to be taken as legal advice.

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#2210867 - 04/11/19 03:30 PM Re: Enter to Win Contest - Consent Anonymous
Anonymous
Unregistered

Do you still have a chance to win a prize if you DON'T get a phone call?

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#2210956 - 04/12/19 01:14 PM Re: Enter to Win Contest - Consent Anonymous
ahou Offline
Power Poster
ahou
Joined: Aug 2002
Posts: 3,094
Be sure to check your state laws for Do Not Call.
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