This Telephone Consumer Protection Act Policy (the "Policy") sets forth My Lending Career, LLC's (“Company’s”) requirements regarding making telephone calls directed to consumers of residential mortgage loans. This Policy shall apply equally to Company (regardless of name used in conducting business), its employees, and any and all third-party service providers (altogether, “Subject Persons”).

LEGAL OVERVIEW

The Telephone Consumer Protection Act ("TCPA") granted the Federal Communications Commission ("FCC") the authority to develop rules related to Telemarketing and the use of automated telephone dialers. Specifically, the TCPA directed the FCC to initiate a rulemaking proceeding "concerning the need to protect residential telephone subscribers' privacy rights to avoid receiving Telemarketing calls to which they object." Further, the TCPA explicitly included the authority to create "a single national database to compile a list of telephone numbers of Residential Subscribers who object to receiving Telemarketing calls." To that end, the FCC has issued regulations ("Do-Not-Call rules") that establish a national "Do-Not-Call" registry ("Do-Not-Call registry "). These regulations impose financial penalties on commercial Telemarketers for calling phone numbers on the Do-Not-Call registry. For those numbers not on the registry, the regulations set a maximum rate on the number of Abandoned Calls and require Telemarketers to transmit caller ID information. The FCC has expanded coverage of the national Do-Not-Call registry to include banks, insurance companies, credit unions, savings associations, and other financial institutions. Further, the Federal Trade Commission's ("FTC") calling regulations parallel the FCC regulations and apply to all other business entities, including third parties acting as agent or on behalf of a financial institution. States may impose additional requirements, and some do (including Florida, New York, and Oklahoma). It is the requirement of all Subject Persons to adhere to all applicable laws, rules, regulations, and requirements, including this Policy.

DEFINITIONS

The following definitions are relevant to this Policy:

• Abandoned Call. A telephone call that is not transferred to a live sales agent within two seconds of the recipient's completed greeting.

• Automatic Telephone Dialing System (ATDS) and Autodialer. Equipment that has the capacity to store or produce telephone numbers to be called using a random or sequential number generator and to dial such numbers.

• Established Business Relationship. As applicable to facsimiles, means a prior or existing relationship formed by a voluntary two-way communication between a person or entity and a Residential Subscriber based on an inquiry, application, purchase, or transaction by the Residential Subscriber regarding products or services offered by such person or entity, which relationship neither party has previously terminated. An individual may reasonably expect that an affiliate is included in an Established Business Relationship based on the nature and type of goods or services offered or the identity of the affiliate.

• Informational Servicing Call. A call that conveys only information or is required by statute and which does not include Telemarketing content, or otherwise constitute Telemarketing. Such calls may include, but are not limited to:

  • Welcome calls;

  • Calls conveying account balances;

  • Credit card fraud alerts;

  • Pure debt collection calls without discussion of other financial products or services (such as insurance and refinancing options); and

  • Statutorily required outreach calls (such as to discuss statutory loss mitigation alternatives).

• Prior Express Consent. An agreement, either oral or written, that clearly authorizes the caller to deliver or cause to be delivered to the person called advertisements or Telemarketing messages using an ATDS or an artificial or prerecorded voice, and the telephone number to which the person authorizes such advertisements or Telemarketing messages to be delivered. The agreement shall include a clear and conspicuous disclosure informing the person that:

  • Such person authorizes the caller to deliver or cause to be delivered to the person calls using an ATDS or an artificial or prerecorded voice; and

  • The person is not required to agree to enter into such an agreement as a condition of purchasing any property, goods, or services.

• Residential Subscriber. An individual who has contracted with a common carrier to provide telephone exchange service at a personal residence.

• Seller. The person or entity on whose behalf a telephone call or message is initiated for the purpose of encouraging purchase or rental of, or investment in, property, goods, or services, which is transmitted to any person.

• Telemarketer. The person or entity that initiates a telephone call or message to a customer in connection with Telemarketing.

• Telemarketing. The initiation of a telephone call or message for the purpose of encouraging the purchase or rental of, or investment in, property, goods, or services, which is transmitted to any person. In New York, Telemarketing includes text messages.

• Telephone Solicitation. The initiation of a telephone call or message for the purpose of encouraging the purchase or rental of, or investment in, property, goods, or services, which is transmitted to any person. Telephone solicitation does not include a call or message to any person with that person's prior express invitation or permission, to any person with whom the caller has an Established Business Relationship, or by a tax-exempt nonprofit organization.

• Unsolicited Advertisement. Any material that advertises the commercial availability or quality of any property, goods, or services, which is transmitted to any person without that person's prior express invitation or permission, in writing or otherwise.

STANDARDS

General Requirements

Company performs Informational Servicing Calls to its customers. These contact efforts are made to inform and provide services and solutions to Company's customers regarding their financial needs. As noted previously, however, the FCC has adopted a national Do-Not-Call registry identifying those consumers who have chosen to opt out of Telephone Solicitations.

In accordance with the TCPA, Company will abide by the following requirements in connection with its Informational Servicing Calls:

• Company will not initiate a Telephone Solicitation to a Residential Subscriber who has registered his or her telephone number on the national Do-Not-Call registry. However, a safe harbor exists for an inadvertent violation of this requirement if the Telemarketer can demonstrate that there was only one violation in any twelve-month period, the violation was an error, and that its routine business practices include:

  • Written procedures to comply with the national Do-No-Call registry;

  • Training of personnel (and any entity assisting in compliance) in procedures established pursuant to the national Do-Not-Call rules;

  • Maintenance of a list of telephone numbers excluded from contact;

  • Use of a version of the national Do-Not-Call registry obtained no more than 31 days prior to the date any call is made (with records to document compliance); and

  • A process to ensure that it does not sell, rent, lease, purchase or use the national Do-Not-Call registry in any manner except in compliance with regulations.

• Company must also maintain an internal do-not-call list reflecting the names of customers with Established Business Relationships who have requested to be excluded from Telemarketing. Such requests must be honored for five (5) years. Company must institute routine business practices concerning its internal do-not-call list similar to those required above for complying with the national Do-Not-Call registry.

• Company will only make Telemarketing calls between the hours of 8:00 a.m. and 9:00 p.m. (local time at the called party's location).

• Company will comply with limits on Abandoned Calls and employ other consumer friendly practices when using ATDS equipment. A Telemarketer must abandon no more than three percent of calls answered by a person and must deliver a prerecorded identification message when abandoning a call. Two or more telephone lines of a multi-line business are not to be called simultaneously. Telemarketers must disconnect an unanswered Telemarketing call prior to at least 15 seconds or four rings. All businesses that use Autodialers to sell services must maintain records documenting compliance with call abandonment rules.

• For all prerecorded messages, whether delivered by ATDS equipment or not, Company must identify the name of the entity responsible for initiating the call itself by name along with the telephone number that can be used during normal business hours to ask not to be called again.

• Company must transmit caller ID information when available and must refrain from blocking any such transmissions to the consumer.

• If advertising by fax, Company must maintain records demonstrating that recipients have provided express permission to send fax advertisements.

Prior Express Consen

Company must obtain the Prior Express Consent of the customer for any Informational Servicing Calls made to customers' cell phones using an ATDS, artificial voice, or pre-recorded message or sent as an SMS, internet-to-phone text, or phone-to-text message. Where a customer provides his or her phone number, Company may view this as evidence of Prior Express Consent to be called at that number for Informational Servicing Calls, absent instructions to the contrary. Informational Servicing Calls made using an ATDS or an artificial or prerecorded voice to customers' residential numbers do not require Prior Express Consent. Company will have system controls in place to comply with this Policy and maintain records of Prior Express Consent to ensure continued compliance with the TCPA.

Proper Party to Consent

The only persons qualified to give Prior Express Consent are the subscriber (meaning the consumer assigned the telephone number dialed and billed for the call) or the non-subscriber customary user of a telephone number included in a family or business calling plan.

Revoking Consent

A called party may revoke consent at any time and through any reasonable means. Company may not limit the time or manner in which a revocation of consent may occur. Company shall maintain records of such revocation to ensure continued compliance with the TCPA. Such records may include, where applicable, documentation of the revocation in the servicing notes, written notice from the consumer, and call recordings.

Company will accept verbal requests made by the customer to cease all phone communication. Once the employee receives the request, Company will place a cease phone calls notation on the customer's account. The account will then be excluded from any and all outbound calling campaigns.

Florida

The Florida Do Not Call Act (DNCA) allows aggrieved consumers to recover the greater of actual damages or treble damages for any willful or knowing violations. Additionally, the DNCA:

• Requires prior express written consent before making:

  • telephonic sales calls via phone, text, or voicemail using an automated system for the selection or dialing of telephone numbers; or

  • a prerecorded message.

• Defines the term "prior express written consent" similar to the TCPS, including:

  • Requiring an electronic signature; and

  • Informing consumers that consent is not required to purchase goods or services.

• Deletes the existing call exemptions and creates a rebuttable presumption that any call made to a Florida area code is a call made to a Florida resident.

• Broadens the scope of dialer technology that is subject to the law beyond that of the TCPA.

The Florida Telemarketing Act:

• Changes permissible call times from 8:00 a.m. to 8:00 p.m. in the called person's time zone. This limit is more restrictive than the TCPA, which permits Telemarketers to contact consumers from 8:00 a.m. to 9:00 p.m. local time.

• Prohibits more than three sales phone calls within 24 hours about the same subject matter or issue, regardless of the number used to make the call.

• Prohibits the use of technology to intentionally conceal the identity of the caller, which is punishable as a second-degree misdemeanor.

Oklahoma

The Oklahoma Telephone Solicitation Act (OTSA) expands Telemarketing restrictions for calls made to Oklahoma residents. With respect to Oklahoma residents, the OTSA:

• Requires Telemarketers to have prior express written consent prior to contacting consumers.

• May expand the definition of Autodialer past the TCPA's limits. The OTSA applies to telephonic sales calls that involve "an automated system for the selection or dialing of telephone numbers or the playing of a recorded message when a connection is completed to a number called." However, as the OTSA does not specifically define what an Autodialer is, it may be an attempt to expand the definition of Autodialer past the limits of the TCPA.

• Limits the number of calls or texts a Telemarketer can send to a consumer to no more than three times in a 24-hour period, about the same subject matter or issue.

• Limits the time that Telemarketers may contact consumers from 8:00 a.m. to 8:00 p.m. in the called person's time zone. This limit is more restrictive than the TCPA, which permits Telemarketers to contact consumers from 8:00 a.m. to 9:00 p.m. local time.

• Includes a rebuttable presumption that calls or texts to an Oklahoma area code are made to an Oklahoma resident or person physically present in the state at the time of receipt, automatically triggering the number of calls, time limits, and other provisions of the law.

Other States

Other states may have similar laws imposing different requirements. To the extent that Company decides to make telephone calls directed to consumers of residential mortgage loans in such other states, and these states’ telemarketing laws have additional requirements, this Policy will be updated accordingly to incorporate any additional requirements.

COMPLIANCE

Staff Training

This Policy requires all personnel conducting any Informational Servicing calls on behalf of Company to receive training to ensure appropriate compliance with TCPA regulations and the above-referenced state laws.

Internal/External Audit Review

This Policy requires that appropriate and timely tests, audits, and evaluations be conducted to ensure Company is in compliance with TCPA regulations and certain state-specific laws. Company has designated the Compliance Department to conduct periodic audit reviews of Company's compliance efforts. Company will make any appropriate recommendations for change and improvement to its President and/or Company Manager.

Document Retention

Company will retain copies of all records required by the TCPA and evidencing compliance with this Policy, including, but not limited to, all evidence of customer consent, revocation of customer consent, and customer do-not-call requests, for a period of five (5) years.

Summary of TCPA

A summary of the TCPA and certain similar state laws is on the attachment to this Policy.

If using...

• An Automatic Telephone Dialing System (ATDS) or Autodialer

  • Prior Express Consent is required for any Informational Servicing Calls made to customers' cell phones using an ATDS, artificial voice, or pre-recorded message or sent as an SMS, internet-to-phone text, or phone-to-text message.

    • A customer who has provided his/her phone number shall be deemed to have provided Prior Express Consent

      • Cannot contact customers who have registered their telephone numbers on the national Do-Not-Call registry or who have requested to be excluded from Telemarketing.

  • Prior Express Consent is required for any Telemarketing

    • A customer who has provided his/her phone number shall be deemed to have provided Prior Express Consent

      • Cannot contact customers who have registered their telephone numbers on the national Do-Not-Call registry or who have requested to be excluded from Telemarketing on an internal do-not-call list.

  • Abandoned Calls: A Telemarketer must abandon no more than three percent of calls answered by a person and must deliver a prerecorded identification message when abandoning a call. Two or more telephone lines of a multi-line business are not to be called simultaneously. Telemarketers must disconnect an unanswered Telemarketing call prior to at least 15 seconds or four rings.

  • Company must transmit caller ID information when available and must refrain from blocking any such transmissions.

• A residential telephone line

  • Prior Express Consent is NOT required for any Telemarketing to a Residential Subscriber

    • Cannot contact Residential Subscribers who have registered their telephone numbers on the national Do-Not-Call registry

  • Prior Express Consent is NOT required for any Informational Servicing Calls made to customers' residential numbers.

    • Cannot contact customers who have registered their telephone numbers on the national Do-Not-Call registry or who have requested to be excluded from Telemarketing on an internal do-not-call list.

  • Company must transmit caller ID information when available and must refrain from blocking any such transmissions.

• A facsimile machine

  • Prior Express Consent is required for any Telemarketing

    • Prior Express Consent not required if there is an Established Business Relationship

  • If transmitting information only, Prior Express Consent is NOT required

  • Company must transmit caller ID information when available and must refrain from blocking any such transmissions.

• Prerecorded Messages, whether delivered by ATDS equipment or not

  • Company must identify the name of the entity responsible for initiating the call itself by name along with the telephone number that can be used during normal business hours to ask not to be called again.

Telemarketing Calls

• Telemarketing calls may be made only between the hours of 8:00 a.m. and 9:00 p.m. (local time at the called party's location).

  • In New York, Telemarketing includes text messages.

  • In Florida and Oklahoma, Telemarketers may contact consumers only from 8:00 a.m. to 8:00 p.m. in the called person's time zone.

  • In Florida and Oklahoma, Telemarketers may send calls or texts to a consumer about the same subject matter or issue no more than three times in a 24-hour period.

Other States

Other states may have laws imposing additional requirements.