The Telephone Consumer Protection Act ("TCPA") was passed in 1991. The Federal Communications Commission's rules and regulations implementing the act went into effect on December 20, 1992. The Federal Trade Commission concurrently implements the Act through the Telemarketing Sales Rule, issued January 29, 2003. Various states have also enacted statutes that govern telemarketing activities. It is DIRECTV's policy to comply with these rules, and in particular, to respect and honor the requests of consumers to be placed on DIRECTV's internal Do Not Call list, so that such consumers will not receive sales calls from DIRECTV unless and until they provide consent to receive sales calls. Please note that placement on DIRECTV's internal Do Not Call list does not restrict DIRECTV's ability to place informational and/or collections calls to its customers.
DIRECTV retains third-party vendors to telemarket its goods and services to customers as well as non-customers who do not have an existing business relationship with DIRECTV. DIRECTV will not call any DIRECTV customer who has communicated his or her desire to not receive sales calls. Requests to not receive sales calls are reflected in the customer's account records. Additionally, the phone number will be added to DIRECTV's internal Do Not Call list. In compiling a list of customers to call for a particular telemarketing campaign, DIRECTV will not include any customer whose account record is marked "do not call."
Third-party vendors who telemarket to non-customers (persons who do not have an existing business relationship with DIRECTV) subscribe to and scrub against all applicable state and federal "Do Not Call" registries, as well as DIRECTV's internal Do Not Call list. DIRECTV requires that all third-party vendors telemarketing at its request and under its direction ensure they are in compliance with federal and state laws regarding telemarketing and that they fully understand and agree to follow the procedures for maintaining "do not call" data. DIRECTV requires its vendors to report to DIRECTV all consumer requests to be removed from telemarketing lists so that each request can be added to DIRECTV's internal Do Not Call list. DIRECTV does not condone telemarketing activities conducted in violation of the TCPA, federal rules and regulations, and state laws regarding telemarketing.
DIRECTV requires all third-party service agencies that make telephone solicitations at DIRECTV's request and under its direction to:
- Institute procedures for maintaining a list of people who do not wish to receive telephone solicitations (a "do-not-call list");
- Scrub all leads against this do-not-call list before initiating any telephone solicitations;
- When applicable, scrub against required state and federal "Do Not Call" registries;
- Institute and maintain a procedure to capture all do-not-call requests and transmit them in the daily results file to DIRECTV;
- Develop a written policy implementing this requirement to keep a do-not-call list and make this written procedure available to anyone on demand;
- Maintain the do-not-call list for a period of 10 years and refrain from selling or sharing the do-not-call list (except with a subsidiary or affiliated company) without the customer's consent;
- Train and inform personnel engaged in any aspect of telephone solicitation in the existence and use of the do-not-call list;
- Provide the called party with the name of the individual caller, the person or entity on whose behalf the call is made and a telephone number (which may not be a 900 number or any other number for which charges exceed local or long distance transmission charges) or address at which that person or entity may be contacted;
- Make a record of the name and telephone number of the DIRECTV customer or consumer who requests not to be called again and forward such record to (a) DIRECTV, via the daily results file, (b) the party maintaining the vendor's do-not-call list and (c) affiliated entitles (where appropriate); and
- Place the consumer or DIRECTV customer's name and number on the do-not-call list of any affiliate of the telemarketer where the customer would reasonably expect to be included on such list given the identity of the telemarketer and the product or service being advertised.