Document ID: chunk:federal_register_of_legislation:C2025C00185:section:992a:p2
Version: federal_register_of_legislation:C2025C00185
Segment Type: section
Provision Reference: s 992A (pt 2/3)
Character Range: 4144741–4147400

commitment to acquire, the principal product or service; or
 (ii) if there is no such add‑on insurance deferral period—the add‑on insurance pre‑deferral period (within the meaning of that section).

Meaning of unsolicited contact
 (4) Contact by a person with the consumer, in connection with a financial product, is unsolicited contact with the consumer in connection with the product if:
 (a) the contact is wholly or partly in one or more of the following forms:
 (i) a telephone call;
 (ii) a face‑to‑face meeting;
 (iii) any other real‑time interaction in the nature of a discussion or conversation; and
 (b) either:
 (i) the consumer did not consent to the contact; or
 (ii) if the consumer consented to the contact—the requirements of subsection (5) are not met.
 (5) For the purposes of subparagraph (4)(b)(ii), the requirements are:
 (a) in the case of an offer of that financial product for issue or sale to the consumer, either:
 (i) the consent was a consent to the person contacting the consumer for the purpose of making the offer; or
 (ii) offering to the consumer that financial product for issue or sale was reasonably within the scope of the consumer's consent; and
 (b) in the case of a request or invitation to the consumer to ask or apply for a financial product or to purchase a financial product, either:
 (i) the consent was a consent to the person requesting or inviting the consumer to ask or apply for, or to purchase, that financial product; or
 (ii) requesting or inviting the consumer to ask or apply for, or to purchase, that financial product was reasonably within the scope of the consumer's consent; and
 (c) the consumer gave the consent before the start of the contact; and
 (d) giving the consent was a positive and voluntary act of the consumer; and
 (e) the consent was clear, and a reasonable person would have understood that the consumer consented to the contact; and
 (f) if the consent indicated the form of contact that the consumer wants—the contact is in that form; and
 (g) the consent was given:
 (i) within 6 weeks before the contact occurs; or
 (ii) within such longer period (not exceeding 12 weeks) as the consumer agrees to, if the issue or sale of the financial product reasonably requires a period exceeding 6 weeks to allow for a medical examination; and
 (h) the consent was not withdrawn before the contact occurs.
For the purposes of this subsection, take into account any variations that the consumer makes to the consent before the contact occurs.
 (6) The consumer may vary or withdraw the consent at any time. The variation or withdrawal may take any form, regardless of the form of the consent.