Regulatory Summary regarding The Telephone Consumer Protection Act (TCPA)
The federal Telephone Consumer Protection Act (TCPA), related FCC regulations, and related court
interpretations protect consumers from specific types of telemarketing. Under the TCPA “telemarketing” is defined as “the initiation of a telephone call or message for the purpose of encouraging the purchase or rental of, or investment in, property, goods, or services, which is transmitted to any person.” 47 C.F.R. § 64.1200(f)(12). The TCPA restricts cold calls, prerecorded sales calls, and the use of auto dialers. The TCPA also authorized the creation of the National Do Not Call Registry, which is discussed more fully below.
The TCPA mandates that telemarketers:
- Maintain a Do not Call Policy;
- Provide a copy of the Policy to requesting consumers;
- Only make calls between 8 a.m. and 9 p.m. (local time of the person being called);
- Only make calls and texts to numbers not on the National Do Not Call List (DNC);
- Only make calls and texts to numbers not on the business’ internal do not call list;
- When calling cell phones, restrict the use of automatic telephone dialer systems (ATDS) to consumers
that have given prior express consent to receive such calls;
- Restrict the use of artificial or prerecorded voice recordings to consumers that have given prior express consent to receive such calls;
- Identify the caller name and location, and company name.
In addition, the TCPA prohibits using a fax machine, computer, or other device to send any unsolicited
advertisement to a fax machine unless the sender has an established business relationship with the
recipient, the recipient voluntarily made the fax number available, and the unsolicited advertisement contains a compliant opt-out provision.
General statement of policy
All employees, vendors and any persons or entities acting on behalf of the callforappointments shall only make telemarketing calls strictly adhering to appropriate procedures relating to the TCPA and applicable state laws
Agents conducting telemarketing in reference to a product or marketing initiative of callforappointments or any of its clients, subsidiaries or affiliate shall fully adhere to the TCPA, any related federal laws, regulations and any callforappointments affiliate, subsidiary or clients’ rules, and all applicable state laws (“Telemarketing Laws”).
There are strict penalties for noncompliance with Telemarketing Laws. Violators may be subject to legal
penalties, and, as applicable, may result in contract termination, employment termination or other disciplinary measures by callforappointments.
To learn more about the TCPA you can visit the website listed below.
FCC web page: http;/www.fcc.gov/cgb/consumerfacts/tcpa.htm
callforappointments Do Not Call Policy
What is the National Do Not Call Registry?
In 2003, a National Do Not Call Registry was established through the efforts of the Federal Trade
Commission (FTC) and the Federal Communication (FCC). The registry is a list of telephone numbers
(residential and cell) from consumers who do not want to receive telephone solicitation calls to the registered telephone number. A telephone number registered on the National Do Not Call Registry must not be called for telemarketing purposes unless the caller has an existing business relationship with the individual being called or the individual being called has given the caller express consent to be called.
This policy applies to all callforappointments associates and its third-party contractors, including clients, sales representatives, telemarketing agents to the extent that they provide services on behalf of the Company.
Practices and Procedures
callforappointments is committed to complying with applicable Do Not Call laws and shall maintain an internal Do Not
Call list (“Internal DNC List”) which will be readily available for viewing. If any person
under the scope of these policies and procedures receives a notification, whether oral or written, from a
client or prospective client, that they wish to be placed on the callforappointments Internal DNC List, such person shall
notify the Admin Office immediately upon receiving the request. The Admin Office shall be
responsible for updating and maintaining the Internal DNC List. The Internal DNC List shall be updated no later than 1 day after the receipt of a new number.
- Telephone solicitations shall not be placed to any telephone number that is maintained on the Internal
- Telephone solicitations shall not be placed to any telephone number that is maintained on any applicable State Do Not Call Registry unless the entity or individual making the call complies with the relevant requirements of that state in regard to such call.
- Telephone solicitations shall not be placed to any telephone number that is maintained on the National Do Not Call Registry unless:
- Telephone solicitations may not be placed before 8:00 a.m. or after 7:00 p.m. in the local time of the
subject of the telephone solicitation without prior express permission.
- Upon making a telephone solicitation, the caller must provide the recipient of the call the following
– Caller’s name;
– Name and address or telephone number of the Company, or the representative to which the caller is
– A statement that informs the subject that the purpose of the call is to solicit the purchase of products
Individuals who violate these policies and procedures must be reported to the Admin Office promptly.
Any complaint regarding the violations of these policies and procedures should be referred to the Admin Office for coordination and handling.
We respect the privacy of all our customers, and we strive to provide the best possible customer service.
If you feel that you have been contacted in violation of this policy or applicable Federal or State law, then please contact us immediately.
Contact: [email protected]