IMPORTANT PHONE NOTICE
The number of states with Do Not Call laws and the new
national do-not-call program run and regulated by the
Federal Trade Commission (FTC) and Federal Communications
Commission (FCC) have impacted the telemarketing environment
dramatically. The federal Do Not Call program is a strengthening
of the Telephone Consumer Protection Act and the Telemarketing
Sales Rule. Increased Federal and State focus on regulatory
oversight and enforcement is expected to continue. The
rules governing application of all do-not-call laws
are becoming more complex. In some instances they apply
to your customers or may present a definition of “customer”
that differs from what your business traditionally regards
as a customer. The application of state versus federal
regulations varies based on where the call is made and
to whom it is made. Each program has its own rules and
regulations for application and compliance.
You should work with your internal counsel
for interpretation of these laws as they apply to your
telemarketing program(s). Please note that America's Lead Source
products cannot be relied on as your sole method for
legal compliance with state and federal regulations.
The current agreement governing the use of
America’s Lead Source products and how suppression files
are applied is included below.
Suppression Files. All America’s Lead
Source Data products (“Products”) are built using Suppression
Files appropriate for that Product, including the Direct
Marketing Association’s Mail Preference Service and
Telephone Preference Service files, e-mail suppression
files, FTC DNC file and the state Attorneys General
suppression files, to flag an individual consumer as
having opted out of receiving marketing solicitations.
Except with regard to Client’s customers, Client agrees
to honor such consumers’ elections not to receive marketing
solicitations in any use of the Data and in the event
that Client does not honor such consumers’ choice not
to receive marketing solicitations, America’s Lead Source
may cease delivery of the Data and/or Services and/or
terminate this Agreement immediately. Client acknowledges
that America’s Lead Source does not guarantee that the
names or telephone numbers of all such consumers have
been flagged or removed from the Data supplied to Client
hereunder. Client further acknowledges that it is Client’s
sole responsibility to ensure that the most current
suppression information has been applied to its files
before such files are used for marketing and Client
agrees to defend, indemnify and hold harmless America’s
Lead Source due to Client’s failure to comply with its
obligations set forth in this Section.