TCPA, Telemarketing & Do-Not-Call Policy

1. Scope and allocation

This Policy applies to Customers using Lead Data for calls, texts, prerecorded or artificial-voice messages, ringless voicemail, predictive or automated dialing, or similar outreach. Vortoc does not place those calls or send those messages. Customer is the caller and sender and is solely responsible for determining coverage under the Telephone Consumer Protection Act, FCC rules, the FTC Telemarketing Sales Rule, state mini-TCPA and telemarketing laws, licensing, registration and bonding rules, and local restrictions.

2. Default rule for Vortoc Leads

Treat public-record-derived Leads as having no consent. Do-not-call status and TCPA consent are separate. The absence of a number from a registry is not consent to use regulated technology. An established business relationship, where recognized, is limited and does not universally excuse prerecorded, artificial-voice, or automated outreach. Text messages can be regulated as calls.

3. Required customer controls

Before launch and immediately before each contact, Customer must identify the responsible seller and transmit accurate caller ID; map the called party's likely location and apply the strictest applicable calling window and holiday restriction; maintain written do-not-call procedures, trained personnel, monitoring, and an entity-specific suppression list; obtain its own authorized access to the National Do Not Call Registry and applicable state lists, or use a properly authorized service provider; use registry data only for compliance and never expose or repurpose it; scrub with the freshness required by law, using as a federal operational baseline a National Registry version no older than 31 days while applying any shorter state interval; determine whether the dialing or messaging technology and message type require prior express consent or prior express written consent and preserve the proof; assess reassigned or wrong-number risk and stop after notice; provide required identity, purpose, and opt-out disclosures; honor any reasonable revocation or do-not-call request promptly and across applicable campaigns; control frequency, abandonment, ring time, prerecorded-message opt-out, and quiet hours; and retain campaign, consent, registry, script, disposition, and complaint records.

4. Prohibited practices

Customer may not spoof or block required caller ID; call from unmonitored numbers; evade registry rules; use misleading local presence; ignore STOP or verbal requests; make repeated calls intended to annoy, abuse, or harass; use prerecorded or artificial voice or automated technology without required consent; rely on a Vortoc data purchase as consent; share National Registry data; or claim that Vortoc, a court, a county, or an agency authorized the call.

5. Consent evidence standard

When consent is required, Customer must possess a reproducible record showing the consumer's affirmative act, the exact disclosure, the sellers named, the phone number, the channel and technology covered, the purpose, the date, time and time zone, the source URL or form, IP and device data where appropriate, the version, and any revocation. Consent must satisfy then-current federal and state law. Following the Eleventh Circuit's 2025 vacatur of the FCC's 2023 one-to-one lead-generator rule, Customer may not assume broad multi-seller consent is lawful; Vortoc's contractual default remains seller-specific, clear, conspicuous, and purpose-related consent as a risk control.

6. Do-not-call suppression workflow

Every do-not-call or revocation request must be logged at intake, applied to active systems without avoidable delay, propagated to relevant vendors, and protected against reintroduction. Customer must not delete suppression evidence merely because other Lead Data is deleted. Vortoc may maintain hashed or tokenized contact points for suppression, and a suppressed number is excluded from delivery rather than merely flagged.

7. Suggested live-call opening

"Hello, may I speak with [NAME]? My name is [AGENT] calling on behalf of [CUSTOMER LEGAL NAME] about [TRUTHFUL PURPOSE]. This is a marketing call. We are not affiliated with any court or government agency. If you do not want calls from us, please tell me and I will add you to our do-not-call list."

This is a starting template, not a legal safe harbor. Counsel must adapt it to the campaign, state, profession, and channel.