arkeTouch Media Compliance Policy

Introduction
In MarkeTouch Media’s ongoing effort to comply with the Federal Communications Commission (FCC) and Telephone Consumer Protection Act (TCPA) guidelines and the Federal Trade Commission’s (FTC) Telemarketing Sales Rule (TSR) we have put together the following policy. The TCPA was passed in 1991 and the FCC rules and regulations implementing the act went into effect on December 20, 1992. In addition, on July 3, 2003 the FCC issued a Report and Order containing proposed revisions to its TCPA. The Federal Government passed the TSR and created the National Do Not Call Registry in 2003 and began enforcing the National Do Not Call Registry on October 1, 2003.

Compliance
MarkeTouch Media limits dials to the period between 8:00 A.M. and 9:00 P.M., maintains an internal suppression program, honors any request to not be dialed again and has a clearly written “do not call” policy, which is available to anyone upon request.

MarkeTouch Media does not make unsolicited advertisements and includes the identity of the caller at the beginning of the message along with the address and/or phone number of the caller during the call.

Suppression Program
Because MarkeTouch Media recognizes the importance of consumer privacy protection, we have established a two-tiered suppression program. Currently MarkeTouch Media scrubs all client data against individual state suppression lists in addition to suppressing all cellular phone numbers. MarkeTouch Media subscribes to the Federal Trade Commission’s (FTC) National Do Not Call and the Direct Marketing Association’s (DMA) Telephone Preference Service suppression lists and will scrub client data against either or both of these lists upon request. We honor the consumer’s choice to opt out and they can do so by registering their own name and phone number with the Federal Trade Commission and Direct Marketing Association.

FTC Consumer Site: http://donotcall.gov/

Telephone Preference Service
c/o Direct Marketing Association
P.O. Box 9014
Farmingdale, NY 11735-9014

MarkeTouch Media also maintains an in-house suppression list that consumers can add their phone numbers to at no cost to them. This database consists of reported phone numbers from consumers who have contacted MarkeTouch Media directly as well as our clients weekly opt out lists.

Local Do Not Call List
c/o MarkeTouch Media
5718 Westheimer Road, Suite 990
Houston, TX 77057

Policy Changes and Future Disclosures
MarkeTouch Media may from time to time change our Compliance Policy. Therefore, we reserve the right to disclose any and all information that the law permits us to disclose.

Federal and State Do Not Call Guidelines & Links

Federal Communications Commission – Telephone Consumer Protection Act
Telemarketing, including the delivery of recorded telephone calls, is regulated at the federal level by the Federal Communications Commission through the Telephone Consumer Protection Act (TCPA) of 1992. Below is general information that may be helpful in pursuing effective marketing within regulatory compliance. While we provide this information as a resource and point of reference for you, we must also remind you that it is your responsibility as the marketer to comply with all federal and state regulations.

http://www.fcc.gov/cgb/consumerfacts/tcpa.html
This site presents the regulations from a consumer's standpoint in common sense language.

Federal Trade Commission – Telemarketing Sales Rule
The following links were provided by the Federal Trade Commission (FTC) for those who would like more information about the Telemarketing Sales Rule’s (TSR) National Do Not Call Registry.

Main Informational Site: http://www.ftc.gov/bcp/conline/edcams/donotcall/


Consumer Site: http://donotcall.gov/

Direct Marketing Association - Telephone Preference Service Suppression List
MarkeTouch Media subscribes to the Direct Marketing Association’s (DMA) Telephone Preference Service suppression list. Upon request we will check queued Voice Message Broadcasts for those phone numbers found to exist in the Direct Marketing Association’s (DMA) Telephone Preference Service (TPS) list and suppress them. We provide this service to our clients as a courtesy to prevent dialing those consumers that prefer not to be contacted.

DMA Homepage: http://www.the-dma.org/

TPS Consumer Site: http://www.dmaconsumers.org/cgi/offtelephonedave

Individual State – Do Not Call Suppression Lists
State regulations vary considerably. Many states have no regulations, other states have regulations similar to the TCPA, and others are in the process of drafting regulations.

For MarkeTouch Media's most current list of Do-Not-Call lists by state, please click on the link below.

Do Not Call List [pdf format]

Wisconsin and Kentucky provide their lists only to telemarketers registered with the state. Due to these restrictions, MarkeTouch Media will not initiate dials into these two states without written notification from our client stating that they subscribe to those states’ Do-Not-Call lists and are performing internal data cleansing against those lists or are exempt.

Additionally, the Direct Marketing Association maintains a list of state Do Not Call programs at the following website:
http://www.the-dma.org/government/donotcalllists.shtml

Legal Assistance
The law firm listed below specializes in telemarketing compliance. They are familiar with MarkeTouch Media and our technologies. The firm produces a monthly newsletter (by subscription) describing the latest news in federal and state regulations. In addition, they can be engaged to help with an initial compliance review.

Copilevitz & Canter, LLC
Attn: Bill Raney
423 W. Eighth Street, Suite 400
Kansas City, Missouri 64105
(816) 472-9000