NEXA Mortgage, LLC
DO NOT CALL POLICY
Introduction:
At NEXA Mortgage, LLC we prioritize the privacy of our customers and adhere to all relevant laws. This policy outlines your responsibilities as a Broker/employee to respect our customers’ wishes and avoid unwanted calls.
Do Not Call Policy
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”. It restricts cold calls/texts, prerecorded sales calls (including ringless voicemails), and the use of auto dialers with varying levels of prior express consent from the customer.
Customers may request by telephone or in writing, that we stop calling/texting them and place their name on NEXA’s Internal Do Not Call List. Politely end your call, cease future calls to this number and immediately email their name(s), address and phone number(s) to DoNotCall@nexamortgage.com to be place on the Internal Do Not Call list. All Brokers/employees that engage in outbound telephone solicitation/telemarketing should observe that the following are PROHIBITED (when calling residential telephones, cellular devices and fax machines):
- Calls before 8 a.m. and after 9 p.m. (local time of the person being called). Be aware that some
state laws have more restrictive calling times and also may ban calling on weekends and some holiday so know the laws of the state you are calling into as well as the laws in the state you are calling from;
- Calls and texts to numbers on the Federal, State, and NEXA’s Internal Do Not Call List
without prior express written consent;
- Calling or texting using automatic telephone dialer systems (ATDS) to customers without
prior express written consent to receive such calls;
- Calls using artificial or prerecorded voice recordings to customers without prior express
written consent to receive such calls;
- Calls that do not identify the Broker/employee calling by name and the name of the company at the beginning of call and phone number during the call (no spoofing) – whether talking to customer or leaving a vmail;
- Ringlesss voicemails – Per the Telemarketing Sales Rule the phone must ring for at least 15 seconds or 4 rings before leaving a vmail if unanswered by the customer.
All Brokers/employees that engage in outbound telephone solicitation/telemarketing are responsible for scrubbing any telephone list that they may use to solicit customers including the Broker/employee’s prior book of business.
Third Party Vendors/Lead Generators/Telemarketers: All Broker/employees that engage in outbound telephone solicitation/telemarketing using a third party vendors, lead generators, and telemarketers must:
- Only use vendors, lead generators, and telemarketers that are TCPA compliant.
- Request a copy of their written TCPA policy and retain a copy in your records.
- Ensure that the vendors, lead generators, and telemarketers obtained written consent from each lead you purchase, and that this consent includes you as the purchaser of the leads.
Remember that ultimately you (the Broker/employee) are responsible for TCPA compliance for each purchase lead/customer you solicit by telephone.
Request for Do Not Call Policy: Forward all requests for copies of our Do Not Call Policy to DoNotCall@nexamortgage.com. It is our policy to provide a copy of our policy upon demand. We respect the privacy of all our customers and will comply with all applicable laws. Before each Telephone calling/texting campaign please click the link below and follow the Standard
Operating Procedure – Employee Procedure for Compliance with the Telephone Consumer Protection Act (TCPA).
{LINK} link to Paul’s detailed procedure/SOP.
Acknowledgment and Agreement Statement
By signing below, I hereby confirm that I have read, fully understand, and acknowledge the contents of
this document, including the Federal Telephone Consumer Protection Act (TCPA) and any other
applicable federal and state regulations regarding unsolicited phone calls or text messages. I understand
the risks, responsibilities, and potential penalties involved with violating any aspect of these laws, and I
agree to adhere to the guidelines and practices outlined to ensure full compliance. I accept that failure to
comply with these regulations may result in legal consequences, including fines, penalties, and other
disciplinary actions.
Updated 10-29-2024
Employee Procedure for Compliance with the Telephone Consumer Protection Act (TCPA)
Purpose
This document outlines the Telephone Consumer Protection Act (TCPA) regulations and establishes compliance guidelines and expectations for ALL NEXA Brokers/employees who make telemarketing calls, send text messages, or use automated dialing systems to contact current or potential clients. It covers both federal and state laws and highlights fines and penalties for non-compliance.
What is the TCPA?
The Telephone Consumer Protection Act (TCPA), enacted in 1991, is a federal law designed to protect consumers from unwanted telemarketing calls, robocalls, unsolicited text messages, and faxes. The TCPA imposes strict guidelines on how businesses can communicate with consumers via phone, text, or fax, and requires businesses to obtain prior express consent before engaging in such communications. Per the FCC a text message is a call.
Federal and State Laws Governing TCPA
- Federal TCPA Regulations: The Federal Communications Commission (FCC) enforces TCPA regulations. The act prohibits prerecorded calls, without the proper consent. especially when made without prior consent.
- Federal Trade Commission: The Do Not Call Registry and the Telemarketing Sale Rule dictates who can be called and guidelines to follow when contacting customers.
- State Laws: Some states have their own consumer protection laws regarding telemarketing and may impose additional regulations or restrictions beyond federal requirements. Employees must be aware of both federal TCPA guidelines and state specific telemarketing laws.
- Broker/employees should frequently reference the TCPA Policy in the employee’s manual. Additional Requirements for TCPA
- Broker/employees should frequently reference the TCPA Policy in the employee’s manual.
- Brokers/employees must know the telephone Solicitation laws both in the state you are calling from and the states you are calling into
- Internal DNC: The Telephone Consumer Protection Act (TCPA) requires businesses to keep their own internal list of individuals who have requested not to receive further marketing communications.
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Fines and Penalties for TCPA Violations Violating TCPA regulations can result in substantial financial penalties. Fines are typically
imposed per violation (per call or text) and can be elevated in cases of willful misconduct.
- Standard Penalties: Up to $500 per violation.
- Willful or Knowing Violations: Damages can be tripled to $1,500 per violation.
- Class-Action Lawsuits: Consumers can bring class-action lawsuits for widespread violations, resulting in millions of dollars in penalties for the company.
- State Penalties: States may impose additional fines or lawsuits for violating their specific telemarketing regulations. State statutory damages up to $25,000 per violation. It is crucial for employees to strictly follow TCPA guidelines to avoid these penalties and maintain the company’s reputation.
Good Practice Points for TCPA Compliance When Contacting Clients
To ensure TCPA compliance and avoid legal and financial penalties, employees must adhere to the following best practices:
Before Making Calls
- Obtain Prior Consent:
o Always obtain express written consent before making telemarketing calls or sending texts. This applies to both potential and current clients.
o Ensure consent is clearly documented and stored securely in the your CRM or database.
o Maintain a record of all consent acquisition and revocation activity for a period of 5 years according to 16 CFR § 310.5.
- Check the Do Not Call (DNC) Registry:
o All Campaign telephone list must be scrubbed against the Federal Do Not Call Registry, State-specific DNC lists and NEXA’s Internal Do Not Call list at the beginning of each calling campaign and every 31 days during the calling campaign to ensure that telephone numbers on these Do Not Call lists are excluded from future calling campaigns.
- Maintain an Internal Do Not Call List:
o If a customer asks not to be contacted, their number must be added to the internal DNC list and no further marketing calls should be made to that individual.
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o Immediately email the customer’s name, address, and the telephone number to DoNotCall@nexamortgage.com to be added to NEXA’s Internal Do Not Call Lists.
- Verify Caller Identity and Relationship:
o Ensure the telephone number you are contacting belongs to a customer with an existing relationship or has given you explicit permission to be called.
o You may solicit the customers via telephone with whom you have an Established Business Relationship within a specific time frame. If there was an inquiry by the customer but no transaction or purchase (no closing) – 3 months from the date of the inquiry. If there was a transaction or purchase/closing – 18 months from the date of the transaction/closing.
During Calls
- Time Restrictions:
o Federal law allows telemarketing calls between 8 a.m. and 9 p.m. local time of the recipient. But some state laws have more restrictive laws. Several states banned telemarketing on the weekend and on certain holidays. It is your responsibility to know the telephone solicitation laws in the state you are calling from and the states you are calling into.
- Proper Identification:
o Clearly identify the business name, your name, and the purpose of the call at the beginning of the conversation.
o Do not use technology that will cause misleading information to be transmitted to customer’s telephone identification display (no spoofing).
o Provide contact details (such as the business phone number) if the recipient requests more information.
- Respect Requests to End Communication:
o If a recipient requests to end the call or be placed on the internal DNC list, end the conversation politely and add them to the Internal Do Not Call list promptly.
o Quickly email the customer’s request not to be contacted in the future to DoNotCall@nexamortgage.com to be added to the Internal Do Not Call List (Customer’s name, address and telephone number).
Using Automated Dialing Systems (Autodialers)
- Avoid Unsolicited Robocalls:
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o Do not use pre-recorded or artificial voice messages (robocalls) to contact customers without prior express written consent.
- Check Autodialer Compliance:
o Ensure the autodialing system being used is compliant with TCPA regulations. Calls made without prior express written consent using autodialers are subject to penalties.
o Make sure the dialing system includes a feature to check the DNC registry and filters out numbers on the list.
- Opt-Out Mechanisms:
o Always provide a clear opt-out option (e.g., “press 2 to be removed from our list”) for pre-recorded or automated calls.
o Ensure opt-out requests are processed within 30 days.
Handling Text Messages
- Consent for Text Messages:
o Similar to calls, prior express written consent is required for sending text messages for marketing purposes.
o The message must include an opt-out mechanism, such as “Reply STOP to opt-out.”
- Frequency and Relevance:
o Avoid sending excessive or irrelevant text messages. Messages should be limited to the consent provided and must respect any communication preferences outlined by the recipient.
o There are four states that has state call/text frequency restrictions: Florida, Maine, Maryland, and Oklahoma.
o State and federal laws are updated periodically please check the laws of the state you are calling from and the states you are calling into before you calling/texting campaign.
Documentation and Record Keeping
- Maintain Call and Consent Records:
o Document the name of caller
o Document all customer interactions including copy of the consent and when and how consent was obtained.
o Keep a record of call times, customer responses, and opt-out requests to ensure compliance.
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o Document if a prerecorded message was used during the call
o Record how the call was dispositioned (answered, no answer, no answer/vmail, dropped, or transferred)
o Document if you were asked to cease communications.
- Training and Compliance:
o Employees must receive annual training on TCPA rules, including updates to federal and state regulations.
o Annual audits will be conducted to ensure that all procedures are being followed correctly.
Monitoring and Reporting
- Monitor Call Campaigns:
o Use software to monitor call campaigns in real-time for TCPA compliance. Any violations or customer complaints should be escalated immediately.
- Incident Reporting:
o If a violation or error occurs, report it to the compliance team immediately. The company will take steps to mitigate damages and prevent further violations.
Third Party Vendors/Lead Generators/Telemarketers:
- All Brokers/employees that engage in outbound telephone solicitation and telemarketing using a third party telemarketer or lead generator must:
o Only use Telemarketers/Vendors/Lead Generators that are TCPA compliant.
o Request and retain a copy of their written TCPA.
o Ensure that the vendors, lead generators, and telemarketers obtained written consent from each lead you purchase, and that this consent includes you as the purchaser of the leads.
- Remember that ultimately you (the Broker/employee) are responsible for TCPA compliance for each lead/consumer you call.
Request for our Do Not Call Policy:
Forward all requests for copies of our Do Not Call Policy to DoNotCall@nexamortgage.com. It is our policy to provide a copy of our policy upon demand.Updated 10-29-2024
Consequences for Non-Compliance
Failure to comply with TCPA and related laws can result in:
- Fines and penalties, including up to $25,000 per violation.
- Legal actions from consumers and federal agencies.
- Reputational damage to the company. Employees found to be non-compliant may face disciplinary actions, including termination, depending on the severity of the violation. By following this comprehensive procedure, employees will ensure the company remains compliant with TCPA regulations and maintains positive, lawful interactions with clients.
States with Their Own Telemarketing And Telephone Solicitation Laws And Contact Websites
- Alabama
o Alabama Telemarketing Act
o https://www.alabamaag.gov/
- Alaska
o Alaska Telemarketing Registration and Do Not Call provisions
o http://www.law.state.ak.us/consumer/
- Arizona
o Arizona Telephone Solicitations Act
o https://www.azag.gov/
- Arkansas
o Arkansas Consumer Telephone Privacy Act
o https://arkansasag.gov/
- California
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o California Consumer Privacy Act (CCPA) and Business and Professions Code
o https://oag.ca.gov/
- Colorado – Has a state Do Not Call List
o Colorado Telemarketing Act
o https://coag.gov/
- Connecticut
o Connecticut Do Not Call Registry
o https://portal.ct.gov/DCP
- Delaware
o Delaware Telemarketing Fraud Prevention Act
o https://attorneygeneral.delaware.gov/fraud/cpu/
- District of Columbia
o https://code.dccouncil.gov/us/dc/council/code/sections/34-1701
o https://code.dccouncil.gov/us/dc/council/code/sections/22-3226.08
- Florida – Has a state Do Not Call List
o Florida Telemarketing Act and Florida Telephone Solicitation Act
o https://www.fdacs.gov/
- Georgia
o Georgia Fair Business Practices Act
o https://consumer.georgia.gov/
- Hawaii
o Hawaii Telemarketing Fraud Prevention Act
o https://cca.hawaii.gov/ocp/
- Idaho
o Idaho Telephone Solicitation Act
o https://www.ag.idaho.gov/
- Illinois
o Illinois Restricted Call Registry Act and Illinois Automatic Telephone Dialers Act
o http://www.illinoisattorneygeneral.gov/
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- Indiana – Has a state Do Not Call List
o Indiana Telephone Privacy Act
o https://www.in.gov/attorneygeneral/
- Iowa
o Iowa Consumer Fraud Act (telemarketing provisions)
o https://www.iowaattorneygeneral.gov/
- Kansas
o Kansas Consumer Protection Act (telemarketing provisions)
o https://www.ag.ks.gov/
- Kentucky
o Kentucky Consumer Protection Act (telemarketing provisions)
o https://ag.ky.gov/
- Louisiana – Has a state Do Not Call List
o Louisiana Telemarketing Solicitation Act
o https://www.ag.state.la.us/
- Maine
o Maine Unfair Trade Practices Act (telemarketing provisions)
o https://www.maine.gov/ag/
- Maryland
o Maryland Telephone Consumer Protection Act
o https://www.marylandattorneygeneral.gov/
- Massachusetts – Has a state Do Not Call List
o Massachusetts Do Not Call Law
o https://www.mass.gov/orgs/office-of-consumer-affairs-and-business-regulation
- Michigan
o Michigan Home Solicitation Sales Act
o https://www.michigan.gov/ag
- Minnesota
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o Minnesota Do Not Call Program
o https://www.ag.state.mn.us/
- Mississippi
o Mississippi Telephone Solicitation Act
o https://www.psc.state.ms.us/
- Missouri – Has a state Do Not Call List
o Missouri No Call List Act
o https://ago.mo.gov/
- Montana
o Montana Telephone Solicitation Act
o https://dojmt.gov/consumer/
- Nebraska
o Nebraska Consumer Protection Act (telemarketing provisions)
o https://ago.nebraska.gov/
- Nevada
o Nevada Telemarketing Act
o https://ag.nv.gov/
- New Hampshire
o New Hampshire Consumer Protection Act (telemarketing provisions)
o https://www.doj.nh.gov/
- New Jersey
o New Jersey Consumer Fraud Act (telemarketing provisions)
o https://www.njconsumeraffairs.gov/
- New Mexico
o New Mexico Telephone Solicitations Act
o https://www.nmag.gov/
- New York
o New York General Business Law (telemarketing provisions)
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o https://dos.ny.gov/consumer-protection
- North Carolina
o North Carolina Telephone Solicitations Act
o https://ncdoj.gov/
- North Dakota
o North Dakota Do Not Call List Law
o https://attorneygeneral.nd.gov/
- Ohio
o Ohio Telephone Solicitation Sales Act
o https://www.ohioattorneygeneral.gov/
- Oklahoma – Has a state Do Not Call List
o Oklahoma Telemarketer Restriction Act
o https://www.oag.ok.gov/
- Oregon
o Oregon Unlawful Telephone Solicitation Law
o https://www.doj.state.or.us/
- Pennsylvania – Has a state Do Not Call List
o Pennsylvania Telemarketer Registration Act
o https://www.attorneygeneral.gov/
- Rhode Island
o Rhode Island Telephone Fraud Prevention Act
o http://www.riag.ri.gov/
- South Carolina
o South Carolina Telephone Privacy Protection Act
o https://scag.gov/
- South Dakota
o South Dakota Telemarketing Act
o https://atg.sd.gov/
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- Tennessee – Has a state Do Not Call List
o Tennessee Do Not Call Law
o https://www.tn.gov/consumer.html
- Texas – Has a state Do Not Call List
o Texas Business and Commerce Code (telemarketing provisions)
o https://www.texasattorneygeneral.gov/
- Utah – Has a state Do Not Call List
o Utah Consumer Sales Practices Act (telemarketing provisions)
o https://consumerprotection.utah.gov/
- Vermont
o Vermont Consumer Fraud Act (telemarketing provisions)
o https://ago.vermont.gov/
- Virginia
o Virginia Telephone Privacy Protection Act
o https://www.oag.state.va.us/
- Washington
o Washington Commercial Telephone Solicitation Act
o https://www.atg.wa.gov/
- West Virginia
o West Virginia Telemarketing Fraud Prevention Act
o https://ago.wv.gov/
- Wisconsin
o Wisconsin No Call Law
o https://datcp.wi.gov/
- Wyoming – Has a state Do Not Call List
o Wyoming Consumer Protection Act (telemarketing provisions)
o https://attorneygeneral.wyo.gov/
