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 autodialers. 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 devices 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, independent contractors, vendors, and any persons or entities purporting to act on behalf of Find Me Health Insurance are strictly forbidden from making any telemarketing calls without first consulting with the Corporate Compliance department on appropriate procedures adhering to the TCPA and applicable state laws.
Agents and brokers conducting telemarketing in reference to a product or marketing initiative of Find Me Health Insurance or any Find Me Health Insurance affiliate or subsidiary shall fully adhere to the TCPA, any related federal laws, regulations and 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 Find Me Health Insurance.
To learn more about the TCPA you can visit the website listed below.
FCC web page: http;/www.fcc.gov/cgb/consumerfacts/tcpa.htm
Find Me Health Insurance 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 contacted.
This policy applies to all Find Me Health Insurance associates and its third-party contractors, including producers, registered representatives, agents and brokers, telemarketers and agencies to the extent that they provide services on behalf of the Company.
Practices and Procedures
Find Me Health Insurance 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 Find Me Health Insurance Internal DNC List, such person shall notify the Privacy Office within five (5) business days of receiving the request. The Privacy Office shall be responsible for updating and maintaining the Internal DNC List. The Internal DNC List shall be updated no later than 30 days after the receipt of a new number.
• Telephone solicitations shall not be placed to any telephone number that is maintained on the Internal DNC List
• 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:
– Within the preceding eighteen (18) months, the subject of the telephone solicitation has had an established business relationship with the Company. The term 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, based on the subscriber’s purchase or transaction with the entity within the eighteen (18) months immediately preceding the date of the telephone call or based on 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. The subscriber’s seller-specific do-not-call request terminates an established business relationship for purposes of telemarketing and telephone solicitation even if the subscriber continues to do business with the seller. The subscriber’s established business relationship with a business entity does not extend to affiliated entities unless the subscriber reasonably expects them to be included, given the nature and type of goods or services offered by the affiliate and the affiliate’s identity.
– Within the preceding three (3) months, the subject of the telephone solicitation has given express permission to the Company;
– The subject of the telephone solicitation has a personal relationship with the caller.
• Telephone solicitations may not be placed before 8:00 a.m. or after 9:00 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 information:
– Caller’s name;
– Name and address or telephone number of the Company or the representative to which the caller is affiliated. A toll-free number may be used but is not required. A 900 number is strictly prohibited; and
– A statement that informs the subject that the purpose of the call is to solicit the purchase of products and services.
Individuals who violate these policies and procedures must be reported to the Privacy Office promptly.
Any complaint regarding the violations of of these policies and procedures should be referred to the Privacy 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.
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