Privacy Policy and Terms of Service

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Gallagher Privacy Policy

Gallagher Terms of Service

The Telephone Consumer Protection Act:

Regulatory Summary

The federal Telephone Consumer Protection Act (“TCPA”) and related FCC regulations shield consumers from unwanted telemarketing. The TCPA regulates the sending of commercial messages via telephone, text messages, and fax. Specifically, the TCPA makes it unlawful for any person to place a call or text using an automatic telephone dialing system or an artificial or prerecorded voice without the called party’s prior express consent, except for emergency purposes.

Consent. Under the TCPA, covered entities may place calls (or texts) to individuals only with the prior express consent of the called party, which will be required in our application check out process. For non-commercial, informational texts, that consent may be oral. For commercial texts, consent must be in writing. A consenting party may revoke his or her consent at any time and through any reasonable means, and a sender may not limit the manner in which revocation may occur.

National Do Not Call RegistryThe TCPA rules provide for the National Do Not Call Registry (Registry), a joint effort launched by the FCC and the Federal Trade Commission (FTC) in 2003. Consumers can register landline or mobile phone numbers with the Registry to limit telemarketing calls that may be made to them. The Doyle Group maintains its own Do Not Call List. We are required to access the registry prior to making any unsolicited telephone calls and to update our internal call lists every 31 days to reflect changes in the Registry. We will also comply with the state do not call lists of Colorado, Florida, Indiana, Louisiana, Massachusetts, Mississippi, Missouri, Oklahoma, Pennsylvania, Tennessee, Texas and Wyoming.

General Statement of Policy

This company does not engage in telemarketing. Any employee considering telemarketing must first consult with the executive responsible for legal affairs on appropriate procedures adhering to the TCPA and applicable state laws.

Independent agencies conducting telemarketing in specific reference to a product or marketing initiative of this company or any subsidiary shall fully adhere to the TCPA and applicable state laws.

There are strict penalties for noncompliance with the TCPA, the Florida Telemarketing Act and similar state laws. Violations may subject an agent or employee to such penalties, as well as contract termination, employment termination and other discipline.

The TCPA mandates that telemarketers:

  • Maintain a Do Not Call Policy
  • Promptly provide a copy of the Policy to requesting consumers
  • Only make calls between 8 a.m. and 9 p.m. (local time of the person being called)
  • Identify the caller name, company name and caller location
  • Maintain and comply with a company “do not call” list derived from the federal “do not call” registry
  • Honor a consumer’s request made during a call to place the consumer’s name on the “do not call” list
  • Transmit caller ID information
  • Not abandon outbound calls

The Florida Telemarketing Act (Fla. Stat. Ann. §§ 501.601 – 501.626) and Florida’s Do Not Call Law (Fla. Stat. Ann. § 501.059) establish similar telemarketing restrictions.

Accordingly, our telemarketers based in Florida must comply with some very strict restrictions including when they can call customers, what they must say, and what they cannot say. In addition to the above, our Florida telemarketers must:

  • Telemarketers cannot say certain things. Telemarketers cannot tell a customer that they can pay for our services or products only by credit card or otherwise to announce a preference for that method of payment.
  • Telemarketers must say certain things when a customer first picks up the call. From the time a customer answers the call, the telemarketer has 30 seconds to state his or her true name, the name of our company, and the products or services being sold.
  • Telemarketers must explain the right to cancel. If a consumer agrees to buy the goods or services that we are offering, the telemarketer must provide the customer with information about their right to cancel the agreement.

For More Information

To learn more about the TCPA and applicable state laws, you may visit the web site listed below.

FCC web page: https://www.fcc.gov/cgb/consumerfacts/tcpa.html

State-by-State Do Not Call List Information: https://thedma.org/resources/compliance-resources/do-not-call-lists/