LC Acquisition, LLC ("LeadChimp") has adopted and adheres to the following policies in order to comply with the regulations of the Federal Trade Commission (FTC), Federal Communications Communication (FCC), Social Security Act (SSA) and State Do Not Call laws and regulations.
Since LeadChimp obtains leads which are generated through third party affiliate call centers ("Affiliates"), it requires that Affiliates employ the policies which are set forth herein and remain in compliance with all applicable laws which govern their business practices.
Failure to adhere to this policy may be cause for termination of an Affiliate's business relationship with LeadChimpBackground
On September 1, 2003 the FTC established an online directory through which consumers can request to not be called ("the National Do Not Call Registry"), which is enforced by the FCC and local agencies. Generally, an individual who elects to place his number on the National Do Not Call List may not be called by a telemarketer. There are limited exemptions to this regulation, which include calling a consumer with which a company has an existing business relationship during the prior 18 months or where such person has given express permission to be contacted (opted-in) within the prior 3 months.
The regulation applies to "any plan, program, or campaign to sell goods or services through interstate phone calls" It includes telemarketers who solicit consumers on behalf of third party sellers and would therefore apply to Affiliates.
The Telephone Consumer Protection Act of 1991 had already established certain regulations for telemarketers. These include, but are not limited to; allowed calling times, maintenance of an internal DNC list, identification of the caller and prohibitions against the use of pre-recorded messages.
Certain classes of goods or services are subject to additional and stricter requirements. Section 1834(a)(17) of the Social Security Act, for example, governs the telemarketing of durable medical equipment. It provides, generally, that Medicare beneficiaries may not be telemarketed absent an existing business relationship or express written permission to be contacted even if they are not on the Do Not Call Registry.
There may be other laws or regulations which Affiliates are subject to. This Policy is not intended to be a notice, guidance or interpretation of any such regulation. Affiliates who engage in telemarketing are required to educate themselves and seek independent counsel on the laws and regulations to which they may be subject to prior to engaging in any telemarketing on behalf of a LeadChimp campaign and are further required to adhere to such laws and regulations.Affiliate Obligations
At minimum, Affiliates shall be required to check telephone numbers called against the National Do Not Call Registry at least monthly, prior to calling.
Additionally, Affiliates are required to check telephone numbers against any internal Do Not Call lists and add to that list any number provided to such Affiliate by LeadChimp from a consumer requesting to be added to an internal Do Not Call list.
Affiliates are further required to report to LeadChimp any consumer who requests to be added to the Do Not Call list so that LeadChimp may inform other Affiliates of the requests. You may inform LeadChimp by notifying your account manager or sending an email to [email protected].
Any request by a consumer to be added to an internal Do Not Call list or notice from LeadChimp that a number is to be added, must be honored within 24 hours of such notice. Internal Do Not Call lists must be maintained for a minimum of five years.
Affiliates may not call residences outside of permitted hours or broadcast pre-recorded or artificial voice messages.
For campaigns which require that only opt-in data be used, Affiliates must supply evidence of the consumer's express consent to be contacted for every lead submitted. Such evidence may include the IP Address and Timestamp corresponding to the underlying phone number dialed, the written consent to be contacted or a recording of any inbound call during which the consumer requested additional information.
Affiliates are required to train and educate their employees about the Do Not Call regulations, this Policy as well as any Affiliate policy. Any employee of an Affiliate who fails to abide by this Policy must be removed from all LeadChimp campaigns.
Affiliates agree to defend and hold harmless LeadChimp from any claim filed against it or any recipient of a lead generated by or through the undersigned Affiliate which is found to be not in compliance with this Policy or applicable laws.