RESPONSIBILITIES OF THE PARTIES.
COMPLIANCE. As and if applicable, Customer represents and warrants that it is aware of, and it and its use of the Services will comply in all respects with: (i) the various state and federal Do Not Call (“DNC”) laws, and those governing the National Do Not Call Registry (“NDNCR”), the Telephone Consumer Protection Act (47 USC 227), and its implementing regulations adopted by the Federal Communications Commission (47 CFR 64.1200), as amended from time-to-time (“TCPA”), the Amended Telemarketing Sales Rule (“ATSR”), 16 CFR 310 et seq., and Telephone Preference Service (“TPS”) laws and/or regulations; (ii) the various Canadian National Do Not Call List Rules (“DNCL”), Telemarketing Rules and Automatic Dialing-Announcing Device (“ADAD”) Rules; (iii) applicable telemarketing record keeping requirements; (iv) call hour/time of day restrictions (as required by applicable law or as directed by the called party during the course of the call); (v) disconnect and call abandonment requirements; (vi) prohibitions against contacting facilities and telephonic devices of certain classifications using autodialers (or any other automatic telephone dialing system), artificial voice calls and/or pre-recorded calls without “prior express written consent” (as defined under the TCPA) in each instance; (vii) caller identification and consent requirements; (viii) live operator requirements; and (ix) opt-out and internal do-not-call request requirements (collectively, “Applicable Law”). Some information regarding the DNC, TCPA, TSR, TPS and the Canadian Rules (DNCL, Telemarketing Rules, and ADAD) can be found at:
- http://www.donotcall.gov (DNC)
- http://www.fcc.gov (Federal Communications Commission and the TCPA)
- http://www.ftc.gov (Federal Trade Commission and the ATSR)
- http://www.tpsonline.org.uk/tps (TPS)
- https://www.lnnte-dncl.gc.ca/nrt-ntr-eng (DNCL, Telemarketing Rules, and ADAD Rules)
Without limiting the foregoing, Customer represents and warrants that: (A) at all times prior to and after the effective date of this MSA, the database of consumers to be contacted utilizing the Services (“Customer Database”) was/shall be generated, collected, stored and used in compliance with Applicable Law; (B) the Customer Database consists of records of persons who have supplied express affirmative consent to receive commercial telephone calls from Customer; (C) Customer shall scrub the Customer Database against the NDNCR, any and all state DNC Registries and against its internal do-not-call list prior to calling any consumers in the Customer Database; and (D) the Customer Database shall consist of individuals that have provided “prior express written consent” to receive commercial telephone calls (including pre-recorded calls, artificial voice calls and/or auto-dialed calls) from Customer, within the meaning of the TCPA, to the telephone number(s) provided by such individuals. Customer shall retain the records of each individual’s “prior express written consent” (“Consent Records”) for a minimum of five (5) years following creation of same, and shall provide such Consent Records to Company within three (3) business days of receipt of a Company request for same, at any time. The Consent Records shall include, at a minimum, the language used to obtain “prior express written consent,” the IP address of the source of the consumer data (or telemarketing voice consent capture tapes, if applicable) and the date and time stamp indicating the time that the consumer data was collected. Customer specifically consents to Company providing account related information, whether or not formal legal process had been initiated, to any governmental or quasi-governmental agency investigation request. All services provided by Open Letter Marketing, shall be in compliance with all local, state and federal law and regulations.