General Statement of Policy
First and foremost, Advertising Inc. expressly states its non-participation in any form of outbound telemarketing, robo-texting, outbound AI voice calling, or any communication method employing pre-recorded messaging, including voice broadcasting. This declaration extends not only to the company itself but also to its contractors, affirming a strict adherence to legal and ethical standards in marketing practices.
Clients of Advertising Inc. may acquire leads for their own TCPA-compliant calling or telemarketing activities. However, it is paramount to underscore that Advertising Inc. solely facilitates the procurement of leads and does not engage in any telemarketing endeavors. This clear distinction serves to mitigate any misconceptions regarding the nature of the company’s services.
Furthermore, Advertising Inc. emphasizes its non-utilization of Automated Telephone Dialing Systems (ATDS) or similar technologies for outbound calling purposes. This proactive measure aligns with regulatory requirements and underscores the company’s commitment to compliance with TCPA regulations, related FCC guidelines, pertinent court decisions, and applicable state laws.
To reinforce these principles, Advertising Inc. imposes strict prohibitions on its employees, independent contractors, vendors, or any representatives from initiating telemarketing calls without prior consultation with the legal department. This prerequisite ensures that all telemarketing activities adhere to the aforementioned regulatory framework, thereby mitigating potential legal risks and liabilities.
Moreover, any vendors or contractors engaged in telemarketing on behalf of Advertising Inc., its products, or its marketing efforts are held to the same stringent compliance standards. This requirement underscores the company’s unwavering commitment to transparency, integrity, and legal compliance in all business practices.
In summary, this comprehensive disclosure statement serves as a testament to Advertising Inc.’s unwavering dedication to ethical marketing practices and legal compliance. It aims to provide clarity and transparency to all stakeholders, mitigating legal risks and upholding the highest standards of professionalism and integrity in the industry.
Regarding The Telephone Consumer Protection Act (TCPA) and Do Not Call List
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, the use of autodialers, fax machines and prohibits most calls to cellular telephones.
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.