TCPA Policy (Policy)
Regarding The Telephone Consumer Protection Act (TCPA) and Do Not Call List
Regulatory Summary
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.
The TCPA mandates that telemarketers:
- Maintain and abide by a 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 ECOSOLAR USA ’ internal do not call list;
- 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;
Statement of Policy
ECOSOLAR USA is not a telemarketer and does not engage in telemarketing. All employees,
independent contractors, vendors, and any persons or entities purporting to act on behalf of THE
BUSINESS are strictly forbidden from making any telemarketing calls without first consulting
with the legal department of ECOSOLAR USA and being briefed on the required procedures for
adhering to the TCPA, related FCC regulations and guidance, all court decisions related thereto
and all applicable state laws. For the avoidance of doubt, any vendor or contractor telemarketing
in reference to ECOSOLAR USA , a product of ECOSOLAR USA or marketing for THE
BUSINESS shall adhere to the TCPA, related FCC regulations and guidance, all court decisions
related thereto and all applicable state laws.
Noncompliance with the TCPA carries with it severe penalties.
Any violation of this policy or the TCPA may subject an employee, contractor or vendor to such
penalties, and/or employment termination, and/or contract termination and other discipline.