HOLMAN DO NOT CALL POLICY AND PROCEDURE
It is the policy of Holman National Retail Holdings, LLC, and each of our subsidiaries and affiliated entities under common ownership and control (collectively, “Holman” or “Dealership”) and to fully comply with all applicable “Do Not Call” laws and regulations regarding wired and wireless telephone communications (whether by live, artificial or prerecorded voice, SMS text message, telephone facsimile machine, computer or otherwise)* to any covered telephone line or number. In a good faith effort to so comply and to provide consumers with an opportunity to exercise their “do not call” rights, Holman hereby establishes, and will implement, the procedures detailed below**.
To whom does this Policy apply?
This DNC Policy applies to all Holman officers, employees, agents and contractors to the extent that such individual is involved in contacting consumers via telephone on the company’s behalf for telemarketing purposes.
Background on legal framework and application to Holman.
The Federal Communications Commission (the “FCC”) has by order implementing the Telephone Consumer Protection Act (the “TCPA”) adopted rules, including those set forth in 47 CFR § 64.1200, (together with the TCPA, the “TCPA Rules”). The TCPA Rules, among other things, require companies placing telemarketing calls to maintain a written policy, available on demand, for maintaining a do-not-call (“DNC”) list.
Further, the Federal Trade Commission (the “FTC”) has by order implementing the Telemarketing Consumer Fraud and Abuse Prevention Act (the “Telemarketing Act”) adopted rules, including those set for in 16 CFR § 310 (the Telemarketing Sales Rule, or “TSR”), and establishing the National Do-Not-Call Registry (“DNC Registry”), prohibiting sellers and telemarketers from calling a person whose telephone number is on the DNC Registry unless the seller or telemarketer has an Established Business Relationship (“EBR”) with the person or has prior written consent to contact the person. In addition, a company engaged in telemarketing may not continue to call a consumer who has asked not to receive any more telemarketing calls. The TCPA Rules also have a comparable requirement.
Calling Restrictions.
1. No representative of Holman shall initiate any telemarketing call to any telephone subscriber before the hours of 8:00 a.m. or after 8:00 p.m. (local time at the recipient’s location).
2. No representative of Holman shall initiate more than three unsolicited commercial text messages on a single subject in the same 24-hour period.
3. No representative of Holman shall use any technology to dial a telephone number using an automatic telephone dialing system or artificial or pre-recorded message unless Holman has the subscriber’s prior express permission, evidenced by a signed written agreement which states that the consumer agrees to the contact by the Holman and includes the telephone number to which the call may be placed. The use by any representative of Holman of any artificial or pre-recorded messages delivered by an automatic telephone dialing system shall identify the Holman and the Holman’s telephone number or address. No representative of Holman shall use any system which blocks the transmission of caller ID information.
What do we do if a call recipient makes a Do-Not-Call request?
This Policy outlines the additional procedures we use to monitor and record any DNC requests that may be made by call recipients who no longer wish to receive telemarketing calls from Holman. If you have any questions regarding this Policy, or suspect any personnel are contacting consumers in a manner inconsistent with the law or this Policy, contact Holman’s General Counsel – Retail (Kevin Healy, as of the date of this policy) immediately.
Holman primarily engages telephonically with consumers through text alerts and live calls regarding their vehicles, such as service reminders, appointment reminders, recall alerts, etc. It is important to remember that not all calls the company makes to its customers are telemarketing, and indeed many of the calls we make to our customers our routine informational/transactional calls that are not subject to the DNC Rules. That said, if a consumer requests Holman to stop contacting by telephone in response to any telephone call, including informational calls, it is the policy of Holman to honor the particular requests made by our customers. Consumers should be able to easily opt out of Company’s text alert programs by replying “STOP” to any message they have received. This is the preferred and easiest method for consumers to opt out of any mobile alert program and add themselves to Company’s Internal DNC list. It is important for Company representatives to ask whether a consumer seeking to opt out of a mobile alert program whether they have attempted this method. If an individual subject to this policy receives a DNC request on a live call or in response to an individually initiated message, that individual should immediately mark that customer’s CRM file as “Do Not Call.”
Our Company does and shall maintain an Internal Do-Not-Call (DNC) List*** for when a call recipient requests not to be contacted. No individual who is listed on the Internal DNC List shall be sent any additional calls.
- If any Company officer, employee, agent or contractor receives a notification, whether oral or written, from a call recipient that they no longer wish to be contacted by telephone by Company, such officer or employee shall enter that individual’s telephone number into our Internal DNC List, and if provided, the individual’s name and when such notification was received
- .If the Company representative who receives a particular DNC request is not able to directly record such a notification into Company’s Internal DNC List and/or the individual’s CRM file, if any, such person shall notify Holman’s Director of Retail Compliance (Lori Church, as of the date of this policy) within one (1) business day of receiving such a notification and provide the individual’s telephone number and, if provided, the individual’s name.
- If any call recipient makes a request for a copy of the Company’s DNC Policy, the Company representative receiving such request should ask the call recipient for their contact information, such as an email or physical address, where this Policy may be sent and immediately notify Holman’s General Counsel – Retail (Kevin Healy, as of the date of this policy) of the individual’s request. The Company’s DNC Policy should be promptly sent to the requesting individual, and in no event should it take longer than 30 days to provide the individual this DNC Policy.
- Company’s IT manager shall ensure that all records of DNC requests shall be retained for a period of no less than five (5) years from the date any such request was made.
Periodic training
In order to comply with applicable do not call laws, each representative of Holman to whom this DNC Policy applies shall undergo periodic training as to the applicable law regarding telephone solicitations and telemarketing generally, including a review of the applicable rules regarding do not call restrictions, and shall be subject to discipline, up to and including termination, for any failure to participate in such training and any failure to comply with Holman’s DNC Policy, as outlined in this document, as well as all applicable legal provisions.
How do I report a violation of the Policy?
TCPA and telemarketing compliance violations can be costly. Any violations of this Policy shall be reported to Holman’s General Counsel – Retail (Kevin Healy, as of the date of this policy) promptly. In the event of any questions regarding the provisions of applicable law or this Holman Do Not Call Policy and Procedure, Holman shall promptly contact Company counsel to obtain clarification.
* The term “call” used in this DNC Policy refers generally to any type of telephonic messages that can be sent to a consumer, including voice, SMS/MMS text messages, prerecorded calls, etc.
** This DNC Policy supplements and should be implemented consistent with Holman’s overall Privacy Policy, available at https://www.holmanauto.com/privacy-policy/.
*** No representative of Holman shall use any technology to dial a telephone number using an automatic telephone dialing system or artificial or pre-recorded message unless Holman has the subscriber’s prior express permission, evidenced by a signed written agreement which states that the consumer agrees to the contact by the Holman and includes the telephone number to which the call may be placed. The use by any representative of Holman of any artificial or pre-recorded messages delivered by an automatic telephone dialing system shall identify the Holman and the Holman’s telephone number or address. No representative of Holman shall use any system which blocks the transmission of caller ID information.