Buyerlink's Lead Generation Compliance Policy: Adhering to TCPA and FCC Rules

Buyerlink Inc. is committed to full compliance with the Telephone Consumer Protection Act (TCPA), including the One-to-One Consent Rule and all related requirements, including those codified at 47 C.F.R. § 64.1200(f)(9) according to the Second Report and Order in In re Targeting and Eliminating Unlawful Text Messages, Rules and Regulations Implementing the Telephone Consumer Protection Act of 1991, Advanced Methods to Target and Eliminate Unlawful Robocalls, FCC CG Docket Nos. 21-402, 02-178, 17-59 (released Dec. 18, 2023). This policy reflects our commitment to comply with these regulations and to ensure that our lead generation practices align with legal and ethical standards.

Key Components of Our Compliance Policy

1. Consent Requirements and Documentation

2. Prior Express Written Consent Requirements

Buyerlink will obtain Consent for communications initiated by the Client or Client’s specified seller(s) in compliance with applicable laws. Clients may purchase Leads on either an exclusive or non-exclusive basis.

Consent for Non-Exclusive Leads. For non-exclusive Leads, Buyerlink will present a Disclosure listing multiple sellers. Consumers must select the Client or the Client’s specified seller(s) from this list to authorize them to contact the consumer for telemarketing purposes via phone calls or text messages, including the use of an automatic telephone dialing system (ATDS) and/or pre-recorded or artificial voice messages. The Client shall provide Buyerlink with the names of its specified seller(s), if any.

Consent for Exclusive Leads. Buyerlink will present a Disclosure identifying only the Client or the Client’s specified seller as the authorized party to contact the consumer for telemarketing purposes via phone calls or text messages, including the use of an automatic telephone dialing system (ATDS) and/or pre-recorded or artificial voice messages. The Client shall provide Buyerlink with the name of the specified seller and links to its Privacy Policy and Terms of Use for inclusion in the required Disclosure.

"Disclosure" means the consumer-facing disclosures displayed to a consumer on website forms, which allow consumers to submit their information and request to be contacted regarding products and services they are interested in.

All lead data submitted to Clients must be accompanied by Consent that meets the following criteria:

(a) Obtains one-to-one Consent specifically for Client or Client’s specified seller(s) to contact the consumer for telemarketing purposes via phone calls or text messages, including the use of an automatic telephone dialing system (ATDS) and/or pre-recorded or artificial voice messages.
(b) Clearly and conspicuously discloses that Consent is not a condition of purchasing any property, goods, or services.
(c) Notifies the consumer that they may revoke Consent at any time.
(d) Obtains Consent in a context that is logically and topically related to Client or Client’s specified seller products and services.
(e) Secures the consumer’s electronic signature in compliance with the E-SIGN Act.
(f) Requires the consumer to individually checks or unchecks a box or clicks on a button associated to provide Consent.

3. Consent Documentation and Capturing Technology

Buyerlink ensures robust documentation and tracking of Consent for all lead data through Consent Capturing Technology, including Active Prospect’s TrustedForm and equivalent systems. Documentation include:

A certificate of authenticity.
An event log.
A video replay of the consumer completing the lead form.

4. Recordkeeping

Buyerlink maintains accurate records of a Lead’s interaction with the Lead Form, including all Disclosures provided to the consumer (“Lead Record”). Lead Records include, without limitation:

The consumer’s self-reported personal information, such as name, email, address, and telephone number.
Time and date stamp of the submission.
IP Address associated with the Lead.
The actual Disclosure(s) displayed to the consumer on the Lead Form.

Buyerlink retains these records for a minimum of five (5) years or the period required by applicable law, whichever is longer. Clients may, at their discretion, reject any Lead that does not meet these requirements.

5. Prohibited Practices

Consent must be informed and voluntary. The following practices are strictly prohibited:

Misleading statements or descriptions.
Dark patterns or invisible/illegible text.
Hovering over a web element to imply Consent.
Closing a browser window to imply Consent.

Commitment to Transparency and Accountability

Buyerlink is committed to maintaining the highest standards of transparency, accountability, and legal compliance. By adhering to these guidelines, we ensure that our lead generation practices align with the TCPA and protect the rights of consumers while enabling legitimate telemarketing activities.