TCPA Compliance Policy

Effective Date: February 27, 2019

Last Updated: September 15, 2025

1. Introduction

This Telephone Consumer Protection Act (“TCPA”) Compliance Policy (“Policy”) governs how America’s Marketing & Media Solutions LLC (“Company,” “we,” “our,” or “us”) and our authorized agents, contractors, and partners conduct telemarketing, text messaging, autodialing, and prerecorded communication activities.

The TCPA, codified at 47 U.S.C. § 227 and regulated by the Federal Communications Commission (“FCC”), imposes restrictions on telemarketing calls, SMS/MMS text messages, and prerecorded/artificial voice communications. Penalties for noncompliance can reach $500 per violation, or up to $1,500 for willful violations.

Our policy is strict compliance with the TCPA and all related federal and state regulations.

2. Applicability

This Policy applies to:

• - Wireless numbers (cell phones, smartphones, VOIP numbers used as mobile).
• - Residential landlines.
• - Business numbers, where applicable.
• - SMS/MMS text messages and prerecorded/artificial voice calls.

3. Key Definitions

• - ATDS (Automatic Telephone Dialing System): Any equipment with the capacity to store or produce telephone numbers to be called and dial such numbers automatically.
• - Wireless Number: A mobile telephone number assigned to a cellular, PCS, or similar service.
• - Telemarketing: A call or message made for the purpose of encouraging the purchase of goods or services.
• - Express Written Consent: Prior written agreement, signed electronically or physically, clearly authorizing automated or prerecorded telemarketing communications.

4. Consent Standards

A. Wireless Numbers

• - Telemarketing Calls/Texts: Require prior express written consent. Consent must:
  1. • Clearly authorize calls/texts using autodialers or prerecorded/artificial voices.
  2. • Be signed electronically or physically (E-SIGN compliant).
  3. • Disclose that consent is not a condition of purchase.

This may be satisfied by the consumer voluntarily providing their number for a specific transaction or service purpose.

B. Landline Numbers

• - Telemarketing with Prerecorded/Artificial Voice: Requires prior express written consent.
• - Live Telemarketing Calls (no autodialer, no prerecorded): Must comply with National and internal Do Not Call (DNC) rules.

5. Identification & Disclosure Requirements

Every call or text subject to TCPA must:

• - Identify the Company (or client law firm if transferred directly).
• - Provide a valid callback number.
• - State the purpose of the call/text (marketing vs. informational).
• - Offer an opt-out mechanism (verbal opt-out, “Reply STOP” for texts).

6. Calling & Messaging Time Restrictions

Calls/texts may only be placed between 8:00 a.m. and 9:00 p.m. local time of the recipient.

7. Do Not Call (DNC) Compliance

You retain full control over your cookie settings. You may:

• - Maintain and honor an internal DNC list.
• - Scrub calling lists against the National DNC Registry.
• - Honor opt-out requests promptly (within 30 days or sooner).
• - Apply DNC protections equally to wireless and landline numbers.

8. Lead Generation & Third-Party Data

Our Website does not currently respond to browser-based “Do Not Track” signals. We may revisit this practice as uniform standards evolve.

9. Retention of Data Collected by Cookies

• - All lead providers must certify that leads were obtained with valid consent consistent with TCPA requirements (including express written consent for wireless marketing leads).
• - Vendor contracts must include indemnification clauses shifting liability for invalid or fraudulent consent.
• - The Company expressly disclaims responsibility for vendor misrepresentations but enforces regular audits.

9. Recordkeeping

To demonstrate compliance, we will maintain:

• - Proof of express written consent for wireless telemarketing calls/texts.
• - Scripts, call recordings, and disclosure templates.
• - Logs of all opt-outs and DNC compliance actions.
• - Vendor certifications and audit records.

Retention period: 4 years minimum.

10. Training & Monitoring

• - All staff, contractors, and vendors must complete TCPA compliance training before conducting campaigns.
• - Training includes special emphasis on wireless number rules.
• - Ongoing audits will be performed to ensure adherence.
• - Noncompliance results in disciplinary action or contract termination.

11. Technology Safeguards

• - Dialing platforms must distinguish between landline and wireless numbers.
• - Autodialing to wireless numbers is prohibited without prior express written consent.
• - All systems must honor opt-out requests immediately.
• - Caller ID must not be blocked or falsified.

12. Enforcement & Penalties

• - Internal violations: disciplinary measures or termination.
• - Vendor violations: contract termination, indemnification enforcement.
• - Legal violations: potential civil/criminal penalties.

The Company maintains a zero-tolerance policy toward intentional violations.

13. Limitation of Liability

To the fullest extent permitted by law:

• - The Company is not responsible for unlawful acts of independent contractors, affiliates, or vendors.
• - Responsibility for providing and documenting proper consent rests with the party collecting the number.
• - The Company’s liability is limited to its own verified actions.

14. Consumer Rights

Consumers have the right to:

• - Revoke consent at any time.
• - Request placement on the Company’s DNC list.
• - File complaints regarding unwanted calls or texts.

All such requests will be honored promptly and without penalty to the consumer.

15. Updates to This Policy

This Policy may be revised at any time to reflect changes in law, FCC guidance, or Company practices. Updates will be effective immediately upon posting with a revised “Last Updated” date.

16. Contact Information

For questions or complaints regarding this Policy:

• America’s Marketing & Media Solutions LLC
• Website: https://www.america-solution.com/
• Email: info@america-solution.com