Do Not Call Policy

It is the policy of We Buy Homes 4 Cash and its affiliates, (the “Company”) to comply with all laws and regulations governing consumer outreach efforts. Among these laws and regulations is the Telephone Consumer Protection Act (“TCPA”), a federal statute, and related rules and regulations. All Company staff, personnel, and vendors (“covered persons”) must comply with all TCPA statutory rules and related regulations at all times. This policy addresses all Do-Not-Call (“DNC”) requirements and policies contained therein. SMS and MMS text messages are considered calls under the TCPA, as potentially is an email if directed to a phone number.

Background

The Federal Communications Commission (“FCC”) has issued regulations that establish a national DNC registry, regulations requiring maintenance of an internal DNC list and other related requirements pursuant to the TCPA.  The FCC regulations prohibit all commercial telemarketers from calling phone numbers on the national registry, without being subject to potential financial penalties, unless the caller has prior express invitation or permission or has an established business relationship (e.g., is calling in response to a consumer’s inquiry.)  

The FCC requirements for creating and maintaining an internal DNC list apply to entities engaged in telemarketing, either directly or through vendors.

Telemarketing is the initiation of a call for the purpose of encouraging the purchase or rental of, or investment in, property, goods, or services, which is transmitted to any person.

Failure to comply with this policy and the TCPA may result in serious consequences. The TCPA permits private litigants to recover $500 per call made in violation of its requirements. In the case of willful and knowing violations, a court may award up to three times that amount. Failure of Company staff and personnel to comply with the TCPA may also result in employment-related consequences.

Enforcement

Company employees are responsible for ensuring the directives are implemented and administered in compliance with the approved policy.

No part of this policy or its supporting operating procedures should be interpreted as contravening or superseding any other legal and regulatory requirements placed upon the Company.  Protective measures should not impede other legally mandated processes such as records retention or subpoenas.  Any conflicts between this policy and such processes should be submitted immediately to the Founder for further evaluation.

This policy is intended to outline the fundamental requirements of the TCPA and its implementing regulations regarding DNC requirements.

If you suspect or know of a violation of this policy, immediately report the violation. The Company prohibits retaliation against any staff or personnel who reports a concern in good faith or participates in good faith in an investigation related to a report.



General Do-Not-Call Requirements

The TCPA provides consumers with options to avoid unwanted and unsolicited telephone solicitations and addresses, inter alia, including the national DNC registry and a required internal Company DNC list. The Company’s policy is to adhere to all these requirements:

National DNC

  1. Telephone solicitations can only be made between the hours of 8:00 a.m. and 9:00 p.m. (local time at the called party’s location). A “telephone solicitation” is the initiation of a call for the purpose of encouraging the purchase or rental of, or investment in, property, goods or services which is transmitted to any person, but does not include a call or message(a) to any person (i) with that person’s prior express invitation or permission or (i) with whom the caller has an established business relationship or (b) by or on behalf of a tax exempt nonprofit organization.



  1. Absent the prior express invitation or permission or an established business relationship, no seller, or entity telemarketing on behalf of the seller, can initiate a telephone solicitation to a residential telephone or cell phone subscriber who has registered his or her telephone number on the national DNC registry.  



  1. An “established business relationship” means a prior or existing relationship formed by a voluntary two-way communication between the Company and a telephone subscriber with or without an exchange of consideration, on the basis of the subscriber's purchase or transaction with the subsidiary within the eighteen (18) months immediately preceding the date of the telephone call or on the basis of the subscriber's inquiry or application regarding products or services offered by the subsidiary within the three months immediately preceding the date of the call, which relationship has not been previously terminated by either party.



  1. A safe harbor exists for an inadvertent violation of this prohibition if the telemarketer can demonstrate that the violation was an error and that its routine practices include:



  1. Written procedures to comply with the national DNC rules;

  2. Training of personnel in procedures established pursuant to the national DNC procedures;

  3. Maintenance of a list of telephone numbers excluded from contact (an “internal DNC”);

  4. Use of a version of the national DNC registry obtained no more than 31 days prior to the date any call is made (with records to document compliance); and

  5. Adoption of a process to ensure that it does not sell, rent, lease, purchase or use the national DNC database in any manner except in compliance with regulations under the TCPA and any other Federal or state law to prevent contacting numbers on the national DNC.

Internal DNC

  1. For profit companies must also maintain company specific DNC lists reflecting the names and telephone numbers of residential telephone or cell phone subscribers \ who have requested to be excluded from telemarketing.  Such requests must be honored for five (5) years after the date of the request. Additional requirements in connection with this internal DNC list include:



a) training of personnel as to the existence and use of the list;

b) recording and honoring DNC requests not more than 30 days from the date such request is received;

c) identification of the name of the individual caller and the person on whose behalf the call is made and the telephone number or address where the person must be contacted, which may not be a 900 number or a number for which the charges exceed local or long distance charges;

d) upon specific request of the subscriber or the reasonable expectation of the consumer, application of the DNC request to affiliated entities of business entity making the call.

Do-Not-Call Compliance

It is the responsibility of the Company to verify whether a subscriber’s telephone number was listed on the national DNC registry or the Company’s internal DNC list.  If the telephone subscriber is on the national DNC registry or internal DNC list, it is the responsibility of the Company to ensure that there is express existence of an established business relationship between the subscriber or the safe harbor conditions are met in the event the Company determines to proceed with the telemarketing call.

If the Company decides to initiate telemarketing activities, its policy shall be, in addition to any contractual third-party entity engaged in making telemarketing calls on behalf of the Company, to employ a version of the national DNC registry or portions of the database for areas called that is obtained no more than three months prior to the call date (including records to support the three month process).

Additionally, it is the policy of the Company that any telephone solicitation or telemarketing call is only made between the hours of 8:00 a.m. and 9:00 p.m. (local time for the called party’s location).

Removal Requests and Complaints

A consumer’s request not to receive calls or text from the Company shall be promptly honored either electronically or manually by any receiving employee or contractual third-party personnel by:

  1. Recording and maintaining the request; and

  2. Placing the called party’s name (if provided) and telephone number on the Company’s DNC list.

  3. Note that a removal request terminates any prior established business relationship.

Staff Training

It is the policy of the Company that all person conducting any telemarketing campaign on behalf of the Company must receive annual training to ensure appropriate compliance with TCPA DNC regulations, including and the existence, maintenance and use of the Company’s do-not-call list.