AI Rudder Telemarketing Policies and Procedures Regarding the Telephone Consumer Protection Act (TCPA) and Do Not Call Registry

Regulatory Summary regarding The TelephoneConsumer Protection Act (TCPA)

The federal Telephone Consumer Protection Act (TCPA), related Federal Communications Commission (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, and the use of autodialers. The TCPA also authorized the creation of the National Do Not Call Registry, which is discussed more fully below.

The 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 theNational Do Not Call List;
• 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);
• Restrict the use of artificial or prerecorded voice recordings to consumers;
• Identify the caller’s name and location.  

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 theunsolicited advertisement contains a compliant opt-out provision.

TCPA Compliance of AI Rudder Solutions

The solutions provided by AI Rudder do not utilize pre-recorded messages nor do they play a series of pre-recorded scripts offering customers the ability to select one of several paths to additional questions. AI Rudder uses generative AI to support customers we serve with relevant messages and information in real-time which is intelligent, dynamic, and conversational. Besides, in our solutions, we use reasonable algorithms, such as callbacks for customers who do not receive effective service, or make calls according to a pre-prepared and selected list, rather than the sequential or random number generation algorithm prohibited under the TCPA.  Our technology is novel and does not fit within definitions provided by the TCPA, however we remain diligent to act in accordance with the regulations of the TCPA wherever applicable, including but not limited to respect consumers’ Do NotCall requests, and get prior content from the consumers.

All employees, independent contractors, vendors, and any persons or entities purporting to act on behalf of AI Rudder are strictly forbidden from making any telemarketing calls without first consulting with the AI Rudder’s Compliance Office on appropriate procedures that adhere to the TCPA and applicable state laws.

Outbound Campaign and Opt-In Requirement

In accordance with regulations set forth by theTCPA, it is essential that all individuals contacted by customers using AIRudder’s technology have explicitly expressed prior consent in the form of anopt-in. The consumer or individual being contacted can then revoke consent atany point in time by expressing a verbal do-not-call request.

AI Rudder Do Not Call Policy

What is the National Do Not Call Registry?  

In 2003, a National Do Not Call Registry was established through the efforts of the Federal Trade Commission (FTC) and the FCC.The registry is a list of telephone numbers (residential and cell) from consumers who do not want to receive telephone solicitation calls to the registered telephone number. A telephone number registered on the National DoNot Call Registry must not be called for telemarketing purposes unless the caller has an existing business relationship with the individual being called or the individual being called has given the caller express consent to be called.  

This policy applies to all AI Rudder associates and its third-party contractors, including producers, registered representatives, agents and brokers, telemarketers and agencies to the extent that they provide services on behalf of AI Rudder.

Practices and Procedures

We, AI Rudder, are committed to complying with applicable Do Not Call laws and shall maintain an internal Do Not Call list (“Internal DNC List”).  

If you don't want to receive calls from AI Rudder, you can ask AI Rudder to place your telephone number on the Internal DNC List. In compliance with federal and state laws, AI Rudder will document your request immediately. Please allow up to 30 days for your telephone number to be removed from any sales programs that are currently underway.

• Your request can be in writing to our Compliance Office, and must include, at a minimum, your telephone number.
• If you have multiple telephone numbers, tell AI Rudder all numbers that you want to be included.
• You will remain on the Internal DNC List for five years, unless you ask to be removed.
• If your telephone number ever changes, you must give AI Rudder new information for your “do not call” status to remain in effect. 

We will strictly comply with the following:

• Telephone solicitations shall not be placed to any telephone number that is maintained on the Internal DNC List.   
• Telephone solicitations shall not be placed to any telephone number that is maintained on any applicable State Do Not Call Registry unless the entity or individual making the call complies with the relevant requirements of that state in regard to such call.  
• Telephone solicitations shall not be placed to any telephone number that is maintained onthe National Do Not Call Registry unless:  

  - Within the preceding eighteen (18) months, the subject of the telephone solicitation has had an established business relationship with AI Rudder. The term established business relationship means a prior or existing relationship formed by a voluntary two-way communication between a person or entity and a residential subscriber with or without an exchange of consideration, on the basis of the subscriber’s purchase or transaction with the entity 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 entity within the three (3) months immediately preceding the date of the call, which relationship has not been previously terminated by either party. The subscriber’s seller-specific do-not-call request, terminates an established business relationship for purposes of telemarketing and telephone solicitation even if the subscriber continues to do business with the seller. The subscriber’s established business relationship with a business entity does not extend to affiliated entities unless the subscriber would reasonably expect them to be included given the nature and type of goods or services offered by the affiliate and the identity of the affiliate.
  - Within the preceding three (3) months, the subject of the telephone solicitation has given express permission to AI Rudder.
   - The subject of the telephone solicitation has a personal relationship with the caller. 

• Telephone solicitations may not be placed before 8:00 a.m. or after 9:00 p.m. in the local time of the subject of the telephone solicitation without prior express permission.
• Upon making a telephone solicitation, the caller must provide the recipient of the call the following information:  
     - Caller’s name;
   - Name and address or telephone number of the caller, or the representative to which the caller is affiliated; and
     - A statement that informs the subject that the purpose of the call is to solicit the purchase of products and services.  

Individuals who violate this policy must be reported to the Compliance Office promptly.

Any complaint regarding the violations of this policy should be referred to the Compliance Office for coordination and handling.  

All employees that engage in outbound telephone solicitation are trained in this policy and are made aware of the same before they are allowed to place calls to consumers. Management reviews this policy with these employees on a regular basis.  

We respect the privacy of all our customers, and we strive to provide the best possible customer service. If you feel that you have been contacted in violation of this policy or applicable Federal or State law, then please contact us immediately.


AI Rudder Compliance Office