Model Do-Not-Call Compliance Procedures
Article A.
In response to the Federal Communications Commission Report and Order Adopted on
B. Purpose:
By adoption and utilization of these compliance procedures, as well as all other necessary steps, ________________________ [name of company] will benefit from the“safe harbor” provisions of the national do-not-call rules, and will therefore not be liable for violations of the rule which are the result of error.
C. Required Procedures:
All individuals, employees, and affiliates telemarketing on behalf of the company or individual listed above shall comply with the national do-not-call rules and additional office procedures listed below:
1. All loan officers, when making a solicitation call, shall comply with the National do-not-call rules beginning
2. The National do-not-call list itself will be available at www.donotcall.gov. Or www.FTC.govAll loan officers shall maintain a record listing the do-not-call numbers. Furthermore, all loan officers shall “scrub” (update) that record at least once every month.
3. Loan officers shall check the record before making any solicitation call.
4. Loan officers shall not call any telephone number contained on the record, unless they fit within one of the exceptions listed below.
5. Loan officers may call any telephone number not listed on the record, but if the individual called asks to be placed on the “company” do-not-call list, loan officers shall honor their request, place their number on the record, and refrain from calling them in the future.
6. Loan officers shall allow the phone to ring for 15 seconds or four rings before disconnecting any unanswered call.
7. Loan officers shall transmit caller ID information for each call and shall not block the caller ID information.
8. Loan officers shall obtain express written permission before sending faxed advertisements.
9. Loan officers may call individuals whose number is recorded on the list if the agent has an “established business relationship” with them. The “established business relationship” exception allows loan officers to contact any client with whom they are currently conducting business, and extends for a period of 18 months from the consummation of their last transaction. It also allows loan officers to contact those who have made an application or “inquiry” with them for a period of 3 months following their inquiry.
10. The established business relationship exception extends to all affiliated companies, employees or loan officers of the company if they are offering a service related to the type of service the company originally rendered.
11. Loan officers may call individuals whose number is recorded on the list if that agent has received explicit written permission to do so. The written permission shall be signed, and shall include the telephone number to which calls may be placed.
12. Loan officers may call individuals with whom they have a “personal relationship,” which means those “personally known” to them such as family members, friends, and acquaintances. Note: in the case of a referral, it is not sufficient that the individual referred have a relationship with the referring source; the exception only applies to the marketer individually and his or her personal relationships.
13. If loan officers call anyone under one of these exceptions, and the recipient of the call asks to be placed on the company do-not-call list, then that agent shall honor their request, place the number on the company do-not-call list, and refrain from calling them in the future.
14. Loan officers shall read the national do-not-call rules once each year.
15. Loan officers shall comply with all sections and requirements contained in the national do-not-call rules, including those not listed in these procedures.
16. Loan officers shall participate in training on these procedures and the national do-not-call rules when offered by the company.
17. Loan officers shall make a good faith effort to comply with the national do-not-call rules at all times.