TCPA Compliance Agreement
This Telephone Compliance Protection Act Compliance Agreement Addendum is made this day of
2023 (“Effective Date”) by and between __________, with its principal offices at _______________________ and , with its principal offices at .
The parties will enter into one or more Insertion Orders whereby Lead Provider shall supply to Company certain information about consumers interested in receiving quotes, offers or other
information related to certain products or services (“Lead Data”); and Lead Provider and Company desire to supplement the terms and conditions of the Existing Agreement with certain additional obligations related to compliance with the Telephone Consumer Protection Act, 47 U.S.C. § 227 and 47 CFR §
64.200 (collectively, “TCPA”). The terms and conditions of those TCPA compliance obligations are set forth in this Addendum, and the parties agree that this Addendum is incorporated into the Existing Agreement by reference, as if set forth in full. All terms not otherwise defined in this Addendum shall have the meaning and definition ascribed to those terms in the Existing Agreement.
Lead Provider(s) shall at all times each comply with all applicable federal, state, and local laws, statutes, regulations, rules, ordinances, codes, and standards, including without limitation: 47 U.S.C.
§ 227 (commonly known as the Telephone Consumer Protection Act); 16 C.F.R. Part 310 (commonly known as the Telemarketing Sales Rule); the requirements at 45 C.F.R. 164.508, payment network operating rules, federal and state laws proscribing unfair or deceptive acts and practices, federal and state telemarketing laws, and laws governing wages, hours, desegregation, employment discrimination, employment of minors, health, safety, and personal information; and all laws, rules and regulations specifically applicable to similarly situated Lead Providers including but not limited to Florida Statute Sections 397.55 (“Prohibition of deceptive marketing practices”); 817.0345 (“Prohibition of fraudulent marketing practices”); and Part IV of Chapter 501 (Florida Telemarketing Act); and various federal laws and regulations including 18 U.S.C. s. 220 (Eliminating Kickbacks in Recovery Act); and 42 U.S.C. § 1320a-7b(b) (Anti-Kickback Statute) .
Lead Provider shall not engage in any deceptive or abusive telemarketing practices, as defined by the Federal Trade Commission’s Telemarketing Sales Rule (16 CFR Part 310). Lead Provider agrees that Company is under no obligation to pay for, and will not pay, for, any leads derived from violations of the Telemarketing Sales Rule (the “TSR”) or the Telephone Consumer Protection Act (15 USC §§ 6101 et seq., the “TCPA”), that liability for any violations of the TSR, TCPA, or related laws shall rest with Lead Provider only, and that Lead Provider shall indemnify Company if Company is held liable for any such violations as provided below.
Lead Provider shall keep for at least 5 years records of all consents required under the TCPA and TSR, and all scripts used by telephone sales representatives under this Agreement. Lead Provider shall keep for at least 3 years all audio recordings of telephone calls placed by Lead Provider under this Agreement. Lead Provider must allow Company to inspect these records, on reasonable notice and during regular business hours.
Unless Lead Provider has obtained the receiving party’s prior express written consent, Lead Provider shall not use any automated system to contact any telephone number assigned to a paging service,
cellular telephone service, specialized mobile radio service, or other radio common carrier service, or send texts to any service for which the receiving party is charged for a text. Lead Provider shall keep records of consents in satisfaction of the TSR (e.g., 16 CFR § 310.5(a)(5)) and of this Agreement.
Lead Provider shall not transmit text messages (“texts”), or cause texts to be transmitted, without the prior express written consent of the receiving party to receive text messages specifically from the sender.
Lead Provider shall not contact any recipient outside of the hours established by then- current federal time-of-day requirements (16 CFR § 310.4(c)), currently between 8 a.m. and 9 p.m. local time of the recipient.
Lead Provider shall not contact any phone number on relevant suppression lists provided by Company, populated either by specific requests for opt-outs or the national Do Not Call registry. Lead Provider shall record any opt-out request it receives, scrub the requester’s contact information from its lists, and refrain from contacting that individual’s phone number. It is Lead Provider’s responsibility to register for and obtain its own copy of Do Not Call lists from the Federal Trade Commission.
Lead Provider shall reasonably cooperate with Client in connection with any claims or
requests from third parties, including, without limitation, claims or requests from any governmental entity or regulatory body, by providing the Evidence in a commercially reasonable
time in accordance with this agreement.
The provisions of this Addendum may not be amended, supplemented, waived or changed verbally except in a writing signed by both parties.
The failure or delay of any party at any time to require performance by another party of any provision of this Addendum, even if known, shall not affect the right of such party to require performance of that provision or to exercise any right, power or remedy pursuant to this Addendum. Any waiver by any party of any breach of any provision of this Addendum should
not be construed as a waiver of any continuing or succeeding breach of such provision, a waiver of the provision itself, or a waiver of any right, power or remedy under this Addendum.
If any provision of this Addendum is contrary to, prohibited by or deemed invalid under applicable law or regulation, such provision shall be inapplicable and deemed omitted to the extent so contrary, prohibited or invalid, but the remainder hereof shall not be invalidated thereby and shall be given full force and effect so far as possible. If any provision of this Addendum may be construed in two or more ways, one of which would render the provision invalid or otherwise voidable or unenforceable and another of which would render the provision valid and enforceable, such provision shall have the meaning that renders it valid and enforceable.
This Addendum shall be governed by, and construed and enforced in accordance with, the laws of State of Florida and the United States without regard to conflict of law principles
thereof or as otherwise set forth in the Existing Agreement. All actions arising out of this Addendum shall be subject to the exclusive jurisdiction of the state and federal courts within Ft Lauderdale, FL.
This Addendum may be executed in one or more counterparts, each of which shall be deemed an original, but all of which taken together shall constitute one and the same instrument. Confirmation of execution by electronic transmission of a facsimile or other
electronic copy of a signature page (including, without limitation, electronic transmission of a PDF copy) shall be binding upon any party so confirming.
IN WITNESS WHEREOF, the parties have executed this Agreement as of the date set forth above.
By: Name: Title: Date:
Lead Provider Name: