Telephone Consumer Protection Act (TCPA) (FCC)

Do Not Call Request DO NOT APPLY TO:

Affiliates.

TCPA:

(1) Imposes *Financial Penalties* on All Commercial Telemarketers for calling phone numbers on the *"Do-Not-Call" registry* ; AND (2) For numbers NOT on the "Do-Not-Call List" registry, the Reg *sets a Maximum Rate on Abandoned Calls and Requires Telemarketers to transmit Called ID information*

*Company Specific-Do-Not Call Requests Must Be Honored within:*

*30 Days.*

*National Do-Not-Call List MUST BE Obtained NO MORE THAN*:

*31 Days Prior to the Call being made*

*TWO or More Telephone Lines of a Multi-Line Business*:

*ARE NOT to be called Simultaneously*

Telemarketing Calls can *ONLY be MADE*:

*Between 8AM and 9PM at the Called Party's Time Zone*

A Telemarketer *CANNOT Abandon*:

*MORE than 3 PERCENT of Calls Answered by a Live Person (measured over 30-day period)* AND Must *DELIVER a PRE-RECORDED IDENTIFICATION MESSAGE When Abandoning a Call* *All Businesses with Auto-Dialers MUST MAINTAIN RECORDS documenting compliance with call abandonment rules*

Banks *MUST maintain a Bank-Specific "Do-Not-Call" list* reflecting:

*Names of Customers who have requested to be excluded from telemarketing. SUCH REQUESTS must be HONORED for 5 YEARS.*

Unsolicited Fax Transmissions MUST BE:

*Preceded By the Advertiser's Receipt of Express Written Permission and Signature of Intended Recipient, UNLESS there is an "Existing Business Relationship" -> Then signature not needed.* The Express Permission *CANNOT BE* conveyed through the *USE of a "NEGATIVE OPTION"* Businesses that advertise via fax *MUST MAINTAIN records Demonstrating that Recipients have provided Express Permission to send Fax Advertisements.*

Autodialers and Pre-recorded voices cannot make calls to:

- *Emergency Telephone (including 911)* - *Guest Room or Patient Room of a Hospital, Health Care Facility, Elderly Home, or Similar Establishment*; or - *Any Telephone Number Assigned to a Paging Service, Cellular Telephone Service, Specialized Mobile Radio Service, or Other Radio Common carrier Service, or Any Service for which the called party is charged for the call*

Prior Written Consent is REQUIRED for All:

- Autodialed calls; - Pre-Recorded Calls; - Texts to Wireless Numbers

*All Telemarketers* MUST:

- Transmit *Caller ID Information* (when available); AND - *Must Refrain from Blocking the Caller ID Information* from the consumer.

Established Business Relationship:

A PRIOR or EXISTING Relationship between a Person or an Entity and a RESIDENTIAL SUBSCRIBER based on the Subscriber's: - *Purchase or Transaction with the Entity WITHIN 18 MONTHS Immediately Preceding the date of the Telephone Call*, OR - *Inquiry or Application regarding products or services offered by the entity WITHIN 3 MONTHS immediately preceding the Date of the Call (AND NEITHER PARTY HAS TERMINATED THE RELATIONSHIP)* - *An individual MAY REASONABLY expect that an affiliate is included in an Established Business Relationship based on Products offered or the identity of an affiliate.*

Abandoned Call:

A telephone call that IS *NOT TRANSFERRED to a Live Sales Agent within 2 Seconds* of the Recipient's Completed Greeting.

Telemarketers *MUST DISCONNECT*:

An *UNANSWERED CALL* Prior to: - *AT LEAST 15 SECONDS* or - *4 RINGS*

TCPA applies to:

Banks and Third Parties acting *AS AGENT or ON BEHALF* of a bank.

Cell Phone Numbers CAN BE Added to the:

Do-Not Call List.

*All PRE-RECORDED Messages (Whether Auto-dialed or Not) MUST*:

Identify the: - *NAME of the ENTITY RESPONSIBLE (Business and Individual) for Initiating the Call*; - *Stating they are registered with appropriate regulatory authority*; - *Telephone Number of the Entity that can be used during normal business hours to ask to not be called again*

Sellers and Entities On Behalf of the seller *CANNOT*:

Initiate a Telephone Solicitation to a *RESIDENTIAL TELEPHONE SUBSCRIBER who has registered on the national "Do-Not-Call" registry* *(Unless there is an Established Business Relationship)* *(If call twice in a 12-month period may be subject to a $500 fine)*

A *Safe Harbor* exists IF:

The Telemarketer can *Demonstrate that the violation was an ERROR* and that its *ROUTINE PRACTICES Include*: - Written Procedures; (P&P) - Training of Personnel; (Training) - Maintenance of a List of Telephone Numbers excluded from contact; - *Use of a Version of the National "Do-Not-Call" registry obtained *NO MORE THAN 3 MONTHS Prior to the Date any Call is made* (with records to document compliance) - *Process to ensure that it does Not Sell, Rent, Lease, Purchase, or Use the "Do-Not-Call" database in any manner except in compliance with regulations* (Or if they have Express Invitation or Permission evidenced by a signed written notice or it has a personal relationship with the recipient)

TAX-EXEMPT Non-Profits are NOT REQUIRED:

To Comply with the "Do-Not-Call" provisions.

Text messages are Covered

Under TCPA