Do Not Call Policy

 

Introduction 

The Telephone Consumer Protection Act (TCPA) of 1991 was introduced to regulate unsolicited telemarketing calls. Enforced by the Federal Communications Commission (FCC), the TCPA lays the ground rules for telemarketing practices, including the use of automated dialing systems, prerecorded voice messages, text messages, and fax machines. In addition, the TCPA requires that companies have a written Do Not Call compliance policy.  

CapFlow Funding has developed this document, the “Do Not Call Policy” to drive all operational processes and compliance with the TCPA.  

 

Overview 

CapFlow Funding maintains a “Do Not Call List”. Anyone that does not want to receive sales calls from CapFlow Funding can ask us to place their telephone number on our “Do Not Call” list. In compliance with federal and state laws, we will document the request immediately. We will instruct individuals to allow up to 30 days for their telephone number to be removed from any sales programs that are currently underway. 

 

DNC Requests 

  • Requests can be in writing or by phone, and must include, at a minimum, a telephone number. 
  • Email requests are to be sent to info@capflowfunding.com using the Subject: “DNC Request” and the requestor should provide their name, company name, and at least one phone number.  
  • If an individual has multiple telephone numbers, we request they tell us all numbers that they want to be included. 
  • Anyone registered will remain on our “Do Not Call” list for five years, unless they ask to be removed. 
  • If their telephone number ever changes, they must give us their new information for their “do not call” status to remain in effect. 

When we solicit prospective customers, we also honor “do not call” requests on behalf of consumers listed on the National Do Not Call Registry maintained by the Federal Trade Commission and various state-agency lists.  

 

The 3 Month Rule 

The “3 months” rule refers to an exception in Do Not Call (DNC) regulations: If someone makes an inquiry or application to CapFlow Funding (for example, requesting information or expressing interest in our services), CapFlow Funding will have a three-month window to call that person—even if their number is on the National Do Not Call list. This exception allows CapFlow Funding to follow up with leads or inquiries for up to three months, unless the person specifically asks not to be called. 

 

Servicing Existing Customers 

Many state “Do Not Call” regulations permit companies to contact their own customers even though they are on these “Do Not Call” lists. Therefore, customers may be contacted by CapFlow Funding even though they are on a state or the national “do not call” list. If they do not want to receive sales calls even though they are a customer, they must follow the steps above to be placed on the CapFlow Funding “Do Not Call” list and their numbers will be placed on CapFlow Funding’s “Do Not Call” list. 

 

Non-Solicitation 

Being on the CapFlow Funding “Do Not Call” list means that they won’t receive sales calls from anybody from CapFlow Funding. CapFlow Funding may still contact, however, for non-solicitation purposes. This would include things like account servicing, surveys, billing, and other service-related matters. 

 

The 18 Month Rule 

The “18 months” rule means that if someone is an existing or former customer of CapFlow Funding (for example, we had a factoring relationship or contract with them), we are allowed to call them for up to 18 months after the end of that relationship or contract—even if their number is on the National Do Not Call list. This exception allows CapFlow Funding to maintain contact with former customers for business purposes during that period, unless they specifically request not to be called. 

 

Established DNC Processes and Systems 

  • National Database & CapFlow Database: The law mandates creating a single national database with phone numbers of citizens who do not wish to receive telemarketing calls. CapFlow has purchased access to the National Do Not Call Registry database to avoid contacting individuals on the list. In conjunction, it will maintain its own database for tracking any individuals that reach CapFlow directly and ask not to be contacted.  
  • Automated Voice Calls: It is mandatory for cold callers to obtain prior expressed consent from individuals for making automated voice calls or using pre-recorded messages. CapFlow will refrain from using automated voice calls and pre-recorded messages in this cold calling campaigns.  
  • Calling Hours: In compliance with the TCPA, CapFlow will call prospects only between 8 a.m. and 9 p.m. in the anticipated local time zone of the recipient. 
  • Call Recording: All calls will be recorded, and the sales rep will notify the recipient that the call is being recorded within the first 15 seconds of the call.  
  • Caller Identification: The caller will provide their name, the name of their company, CapFlow Funding Group, and a phone number or address where they can be contacted. 
  • Call Disconnecting: If the call is not answered within 15 seconds or four rings, the call will be disconnected. 
  • Policy Training: All employees that engage in outbound telephone solicitation are trained in this policy and are made aware of these procedures before they are allowed to place calls as part of a sales campaign.  
  • Periodic Audits: Management reviews the policy with these employees on a regular basis. The methods and procedures in this “Do Not Call” policy are reviewed by CapFlow Funding on a semi-annual basis.  
  • Posted Policy: The “Do Not Call” policy is posted on the CapFlow Funding website.