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Do Not Call Policy and Procedure

It is the policy of iSpeedtoLead, Inc., and its affiliates, manages, employers, and agents, (the “Firm”) to fully comply with all applicable “Do-Not-Call” (“DNC”) laws and regulations regarding wired and wireless telephone communications (whether by live, artificial or prerecorded voice, telephone facsimile machine, computer or otherwise) to any covered telephone line or number.  It is the general policy of the Firm not to call numbers on any national, state, or internal Firm DNC lists for marketing purposes unless a valid exemption exists. This DNC policy (the “Policy”) is being adopted to document the Firm’s commitment to compliance and to document the processes Firm staff, personnel, and vendors should follow to comply with this Policy.

Background

The Federal Communications Commission (“FCC”) has issued regulations that establish a national DNC registry, regulations requiring maintenance of an internal DNC list, and other requirements pursuant to the Telephone Consumer Protection Act (“TCPA”).  The FCC regulations prohibit all commercial telemarketers from calling phone numbers on the national registry, without being subject to potential financial penalties, unless the call has prior express invitation or permission or has an established business relationship (e.g., is calling in response to a consumer’s inquiry).

The Federal Trade Commission (“FTC”) has similar regulations under the Telemarketing Sales Rule (“TSR”).  The TSR regulations apply to all business entities.

Enforcement

Changes in operating procedures, standards, guidelines, and technologies, provided they are consistent with this Policy, may be authorized by the Firm.

No part of this Policy or its supporting operating procedures should be as contravening or superseding any other legal and regulatory requirements placed upon the Firm.  Protective measures should not impede other legally mandated processes such as record retetntion or subpoenas.

This Policy is intended to outline the fundamental requirements of the TCPA and its implementing regulations regarding DNC requirements.  Any questions concerning the application or interpretation of this Policy and the TCPA or its implementing regulations to any planned consumer outreach should first be referred to the Firm’s legal representatives.

General Do-Not-Call Compliance Procedures

The TCPA provides consumers with options to avoid unwanted and unsolicited telephone calls solicitations and addresses, among other things, the national DNC registry and a required internal Firm DNC list.  The Firm’s policy is to adhere to all of these requirements:

  1. No representative of the Firm shall initiate any telephone solicitation to any residential telephone subscriber before the hour of 8:00 a.m. or after 7:00 p.m. (local time at the called party’s location).  A “telephone solicitation” is the initiation of a call for the purpose of encouraging the purchase or rental of, or investment in, property, goods, or services which is transmitted to any person, but does not include a call or message (a) to any person (i) with that person’s prior express invitation or permission or (ii) with whom the caller has an established business relationship or (b) by or on behalf of a tax exempt nonprofit organization.
  2. No representative of the Firm can initiate any telephone solicitation to a residential telephone or cell phone subscriber who has registered his or her telephone number on the national DNC registry or internal DNC registry, unless the consumer has given prior express invitation or permission to be called or the Firm has an established business relationship with the consumer.
  3.  The Firm shall maintain an internal do not call list and shall promptly honor a request to be placed on the Firm’s internal do not call list within a reasonable time of such request, not to exceed 10 days from the date of said request. Each entry on such Firm’s internal do not call list shall be retained for at least five (5) years or until the requester makes a further written request to be deleted from said list. Additionally, the following requirements related to the internal DNC list include:
    1. Training of personnel as to the existence and use of the internal DNC list;
    2. Recording and honoring DNC requests no more than 10 days from the date such request is received;
    3. Identification of the name of the individual caller and the person on whose behalf the call is made and the telephone number or address where the person must be contacted, which may not be a 900 number or a number for which the charges exceed local or long distance charges; and
    4. In the absence of specific request of the subscriber or the reasonable expectation of the consumer, application of the DNC requests will apply to affiliated entities of the business entity making the call.
  4. The Firm shall periodically purchase or otherwise obtain from the Do Not Call Administrator, not less frequently than every thirty one days or such lesser time as may be prescribed by law, the applicable National Do Not Call database for the area in which the Firm makes telephone solicitations for the purpose of compliance with the “do not call” provisions of state and federal law. A copy of the National Do Not Call database shall be readily available in every Firm office.
  5. Prior to making any telephone solicitation, a representative of the Firm shall check both the Firm’s internal do not call list and either the most recent applicable Do Not Call National database or the Firm’s download of this database to ensure that no call is placed to a residential telephone subscriber listed therein unless: (a) the Firm has the subscriber’s prior express permission, evidenced by a signed written agreement which states that the consumer agrees to the contact by the Firm and includes the telephone number to which the call may be placed, (b) the Firm representative making the call has a personal relationship with the recipient of the call (a personal relationship means that the person called is personally known to the caller), or (c) the Firm has an “established business relationship,” as defined by law, which is such to create an expectation on the part of the consumer that a particular company will call them.
    1. An “established business relationship” means a prior or existing relationship formed by a voluntary two-way communication between a person or entity and a residential subscriber with or without an exchange of consideration, on the basis of the subscriber’s purchase or transaction with the entity within the eighteen (18) months immediately preceding the date of the telephone call or on the basis of the subscriber’s inquiry or application regarding products or services offered by the entity within the three months immediately preceding the date of the call, which relationship has not been previously terminated by either party.  An established business relationship with one company may extend to an affiliate of that company if the consumer would reasonably expect the affiliate to be included as part of the relationship given the nature and the type of goods or services offered by the affiliate and the identity of the affiliate.
  6. A consumer’s request not to receive calls or text from the Firm shall be promptly honored either electronically or manually by taking the following steps:
    1. Recording and maintaining the request; and
    2. Placing the called party’s name (if provided) and telephone number on the Firm’s DNC list.
    3. NOTE: A removal request terminates any prior established business relationship.
  7. If any Firm employee receives a consumer request for no further contact, the employee is to send an email to support@ispeedtolead.net and specify the telephone number within either the subject or message body.  These email requests received during the work week are typically handled within three business days and by the end of the business day on Monday when submitted over the weekend.
  8. No representative of the Firm shall use any technology to dial a telephone number for the purpose of determining whether the line is a fax or voice line nor use an automatic telephone dialing system or artificial or pre-recorded message in any call made to a wireless telephone number. The use by any representative of the Firm of any artificial or pre-recorded messages delivered by an automatic telephone dialing system shall identify the Firm and the Firm’s telephone number or address. No representative of the Firm shall use any system which blocks the transmission of caller ID information.
  9. In order to comply with all applicable do not call laws, each representative of the Firm shall undergo periodic training as to the applicable law regarding telephone solicitations, including a review of the applicable rules regarding do not call restrictions, and shall be subject to discipline, up to and including termination, for any failure to participate in such training and any failure to comply with the Firm’s Do Not Call Policy and Procedures, as well as all applicable legal provisions.
  10. In the event of any question regarding the provisions of applicable law or this Do Not Call Policy and Procedure, the representative of the Firm appoints iSpeedToLead Inc. to obtain clarification.