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FCC Unanimously Approves Rules for Reassigned Numbers Database

 

The final rules include a safe harbor from liability for calls to reassigned numbers caused by errors in the database.

12/12/2018 15:00

After a unanimous vote on the database rules Wednesday, the Federal Communications Commission will take additional steps to create a reassigned numbers database to enable callers to verify the status of a phone number and help protect consumers with reassigned numbers from receiving unwanted calls.

Although the draft order did not address the safe harbor, a news release from the FCC and comments today indicate the final rules include an important safe harbor liability provision for callers supported by ACA International.The safe harbor protects callers from liability for any calls to reassigned numbers caused by errors in the database, according to the FCC.

The approved report on Advanced Methods to Target and Eliminate Unlawful Robocalls was released Thursday.

ACA International filed comments with the FCC in support of its efforts to combat illegal and fraudulent calls, while reiterating the need for clear interpretations of the TCPA. ACA supported efforts to develop a concise reassigned numbers database in June, urging that it be reasonably priced, accurate and easy to use and include a safe harbor.

Commissioner Michael O’Rielly and Commissioner Brendan Carr said during their remarks at the FCC’s Open Commission Meeting Dec. 12 that the reassigned numbers database proposal should include a safe harbor liability for callers.

The FCC previously indicated that it will address the issue of a safe harbor in its order concerning the ACA lawsuit, which is expected in early 2019, ACA International previously reported.

“To ensure the businesses have the incentive to use that database I and others ask that we include a safe harbor provision in the proposal,” Carr said. “It’s not going to end the surge of robocalls completely … we’re doing a lot of work to get to that point.”

The approved order includes the following steps for the reassigned numbers database:

  • Establish a single, comprehensive reassigned numbers database that will enable callers to verify whether a telephone number has been permanently disconnected, and is therefore eligible for reassignment, before calling that number.
  • A minimum aging period of 45 days before permanently disconnected telephone numbers can be reassigned.
  • Voice providers that receive North American Numbering Plan numbers and the Toll Free Numbering Administrator would report on a monthly basis information regarding permanently disconnected numbers to the database.
  • Select an independent third-party administrator, using a competitive bidding process, to manage the reassigned numbers database.

“While I am hopeful that the database will accomplish its intended purpose it would be naïve to think that it will comprehensively fix the reassigned numbers problem,” O’Rielly said during the meeting. “Informing our expectations, we should be wise to keep in mind the costly and ineffective do not call registry, which never stops bad actors from calling those on the list. Ultimately only the honest and legitimate callers will consult the reassigned numbers database, not the criminals or the scammers. Today’s action is a positive development in reversing the previous deeply flawed TCPA order. However much more work remains regarding the ludicrous definition of autodialer and mitigating the lawless revocation of consent rule.”

The reassigned numbers database rules respond to consumer groups, trade associations, and state and federal authorities that asked the commission to establish a single, comprehensive database as the best solution to reducing calls to reassigned numbers while minimizing burdens on both callers and providers, according to a news release from the FCC.

Read more analysis of the reassigned numbers database proposal from ACA International’s Vice President and Senior Counsel of Federal Advocacy Leah Dempsey here. ACA International will also be hosting an online seminar with more information on this topic with more details to come.

Meanwhile, the FCC also approved rules to deny requests from mass-texting companies and other parties to classify text messaging services as “telecommunications services” subject to common carrier regulation under the Communications Act—a classification that would limit wireless providers’ efforts to combat spam and scam robotexts effectively during Wednesday’s meeting. The rules were approved 3-1 with Commissioner Jessica Rosenworcel dissenting.

Instead, the FCC finds that two forms of wireless messaging services, SMS and Multimedia Messaging Service (MMS), are “information services” under the Communications Act. With this decision, the FCC empowers wireless providers to continue taking action to protect American consumers from unwanted text messages, according to a news release. Last week, U.S. Sen. Ed Markey, D-Mass., and several other Democratic senators sent a letter to the FCC opposing the rules, ACA International previously reported.

Related Content from ACA International:

FCC’s Action on Reassigned Numbers Database Punts Key Questions to Potential Ruling Stemming from ACA Litigation

FCC Chairman Ajit Pai Proposes Reassigned Numbers Database

ACA to FCC: Focus on Onerous TCPA Interpretations Before Reassigned Numbers Database

Terms of Use

ACA International’s Website Terms of Use and Intellectual Property Policy

Please read to the end of our “Terms of Use” by scrolling through all the way down.

This Terms of Use Agreement is a legal agreement between ACA International, a Minnesota non-profit corporation, whose notice address is contained below, and any of its affiliates (“ACA”) and any person using the website located at www.acainternational.org (“Website”), whether using the public portion of the Website that does not require you to provide any password information (“Public Site”) or the private portion of the Website designated for ACA Members through a password protected login (“Member Site”) (collectively and interchangeably referred to as you or “User”). By using this Website, purchasing products from ACA or utilizing any service or business offered by ACA, you accept these conditions and agree to be bound by the terms of this Agreement.  Please read them carefully.  You may print this Agreement at any time by clicking on the link on the Website.

Terms

ACA provides the Website and various services subject to your compliance with this Terms of Use Agreement, any specifically referenced documents contained herein, and any posted guidelines, rules or other documents applicable to such services or materials posted on the Website that are all incorporated by reference (collectively referred to herein as “Terms of Use”).

Acknowledgement

BY COMPLETING THE REGISTRATION PROCESS AND/OR USING THIS WEBSITE, USER AGREES TO BE BOUND BY THESE TERMS OF USE. IF USER DOES NOT WISH TO BE BOUND BY THESE TERMS OF USE, PLEASE EXIT THE WEBSITE NOW. USER’S REMEDY FOR DISSATISFACTION WITH THIS WEBSITE, OR ANY PRODUCTS, SERVICES, CONTENT OR OTHER INFORMATION AVAILABLE ON OR THROUGH THIS WEBSITE, IS TO STOP USING THE WEBSITE AND/OR THOSE PARTICULAR PRODUCTS OR SERVICES. USER’S AGREEMENT WITH ACA REGARDING COMPLIANCE WITH THESE TERMS OF USE BECOMES EFFECTIVE IMMEDIATELY UPON COMMENCEMENT OF USER’S USE OF THIS WEBSITE.

ACA reserves the right to change the Terms of Use from time to time without notice to User. User acknowledges and agrees that it is User’s responsibility to review this Website and the Terms of Use periodically and to be aware of any modifications. User’s continued use of this Website after such modifications will constitute User’s acknowledgement of the modified Terms of Use and agreement to abide and be bound by the modified Terms of Use. If any of these conditions are deemed invalid, void, or for any reason unenforceable, that condition is deemed severed and does not affect the validity and enforceability of any remaining condition.

ACA reserves the right to modify or discontinue the Website, including any features included, at any time with or without notice to User. ACA shall not be liable to User or any third party if ACA chooses to exercise such right. Modifications may include, without limitation, changes in the pricing structure, the addition of fee-based services or changes to limitations on allowable file sizes. Any new features that augment or enhance the services on the Website are also subject to the Terms of Use. The Website is provided “AS IS” with no warranty of any kind associated with the performance of the Website or the Content provided.

Privacy

Subject to ACA’s Privacy Policy located on the Website that is hereby incorporated, User is solely responsible for the contents of any of User’s communications submitted, transmitted, displayed, posted or shared through the Website or to ACA, whether by electronic mail or other means, for any reason (“User Data”). All User Data will be treated as non-confidential and non-proprietary. Unless otherwise established, User retains all rights in the User Data and hereby grants ACA and its designated licensees a non-exclusive, irrevocable, royalty free, perpetual, and worldwide right to copy, distribute, display, perform, publish, translate, adapt, modify, sublicense, create derivative works, and otherwise use such User Data for any purpose, regardless of the form or medium, whether now known or later developed, in which it is used (“User Data License”). User is responsible for ensuring no User Data is confidential, proprietary, or in any way related to an unsolicited idea or proposal, and User waives any allegation claiming otherwise.

User represents and warrants that: (a) User owns or otherwise controls all of the right, title and interest to the User Data; (b) the User Data is accurate; (c) use of the User Data does not violate this policy or any third-party rights and/or will not cause injury to any person or entity; and (d) User will indemnify ACA for all claims related to the User Data.

Electronic Communications

By providing your email address to ACA, User consents to receive electronic communications from ACA. ACA will communicate with User by e-mail or by posting notices on this Website. User agrees that all agreements, notices, disclosures and other communications that ACA provides to User electronically, satisfies any legal requirement that such communications be in writing. User further agrees that by supplying the User’s email to ACA, User consents to receiving email communication from ACA. This consent applies specifically to all business communications between User and ACA.

User is always entitled to receive a paper copy of any communication without charge, by contacting ACA. Upon receipt of your notice, ACA will mail a paper copy of any of the documents originally delivered in electronic format within 45 business days. You may also contact us at the above-listed contact points to revoke your overall consent to electronic communications. No fees shall be assessed against you if you choose to revoke your consent.

By providing your email address, you further agree that you have access to the hardware and software requirements necessary to review, upload and/or print your electronic communications.

The software and hardware requirements include having a valid email address that is personal and private to you, along with the ability to open a PDF document through a free Adobe™ or similar viewing program. If, at any time, you no longer have access to the necessary requirements, you agree to submit a request through our Website to update your contact information. You understand that ACA will notify you if there is any change in the hardware or software requirements that could impact your ability to access electronically formatted documents. Your continued use of the electronic documents after such time will serve as reaffirmation that you have sufficient hardware/software to view such documents.

As long as your consent is valid, you understand you must notify ACA of any change in your email. You take sole responsibility for failure to provide ACA with updated contact information.

Conduct

User’s use of the Website is subject to all applicable laws and regulations. User agrees not to upload, share, post, or otherwise distribute or facilitate distribution of ACA Content (defined below) or User Data that is or is used in a manner that is “Objectionable,” including, without limitation, displaying any Content or posting any User Data that is illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights or otherwise injurious to third parties, consists of or contains software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of “spam,” includes a false e-mail address, impersonates any person or entity or otherwise misleads as to the origin of a card or other content. ACA reserves the right, but has no obligation, to remove or edit such Objectionable User Data.

ACA, at its sole discretion, may: (a) immediately terminate the services User receives from ACA (“Services”), and the Terms of Use, or otherwise restrict User’s Services; and/or (b) immediately remove any Objectionable User Data, with or without notice, if User posts Objectionable User Data.

Intellectual Property

ACA’s Intellectual Property is important and its protection is vital to ACA’s role in the credit and debt collection industry. The following provisions apply to ACA’s protection of its Intellectual Property.

Definitions

“ACA Content” means Information owned, created, or provided by ACA, either directly, or indirectly through speakers, committee members, independent contractors, members of ACA or any other party presenting information through ACA, or at an ACA sponsored event, including, but not limited to, any oral presentations, PowerPoint™ slides, written materials, Information included on the Website, such as software programs, training guides, presentations and seminars, and Intellectual Property.

“Confidential Information” means any and all ACA Content that is treated as confidential by ACA or that due to the nature of its subject matter or circumstances surrounding its disclosure, would reasonably be understood to be non-public or confidential, whether in oral, written, electronic, or other form or media, whether or not such ACA Content is marked, designated, or otherwise identified as “confidential.”

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“Intellectual Property” and/or “IP” means any and all United States and foreign intellectual property rights included within any Information owned or created by ACA, along with any associated advertising materials, publications, technical papers and computer software, including, but not limited to: (a) all unexpired patents and patent applications and all rights therein, and any continuation, divisional, extensions, reissues, reexaminations or substitutions thereof, any subsequent filings in any country claiming priority therefrom, and any and all discoveries or inventions whether or not embodied within the foregoing, and any right, whether by license or otherwise, to use or exploit any of the foregoing; (b) all original works of authorship and all copyrights in any jurisdiction (whether or not registered), including, but not limited to, any renewals or extensions thereof, and all derivative works, whether in the current medium or any medium later developed, and any right, whether by license or otherwise, to use or exploit any of the foregoing (“Copyright(s)”); (c) trademarks, service marks, association marks, trade dress or other source identifiers, whether registered or unregistered, that are used by ACA (“Trademark(s)”); (d) all Confidential Information related to the items listed herein; and (e) any other proprietary rights associated with ACA’s Information, whether or not Confidential Information.

Right to Use

By accepting the Terms of Use, User acknowledges and hereby agrees that unless expressly stated otherwise, all ACA Content is solely owned and the property of ACA. User is granted a nonexclusive, revocable, non-assignable, limited license to: (a) access the ACA Content available through the Website for personal use; and (b) create a hyperlink to the Website on User’s website, so long as the link does not portray ACA, or its products or services, in a false, misleading, derogatory, or otherwise offensive manner, and User states that ACA is not affiliated with User. All rights not granted herein are reserved for ACA. This license specifically, but not exclusively, does not grant User: (a) any right to use Trademarks or Copyrights without ACA’s express written permission; (b) any right to resale or commercial use of the Website or ACA Content; (c) any right to create derivative use of the Website or ACA Content; (d) any right to use data mining, robots, or similar data gathering and extraction tools in connection to the Website or ACA Content; (e) any right to copy, commercialize, reproduce, modify, republish, upload, post, transmit, create derivative works or distribute any ACA Content from the Website, in any form, or by any means without prior written permission from ACA; (f) any right to frame or utilize framing techniques to enclose any Intellectual Property without express written consent of ACA; (g) the right to use any meta tags or any other “hidden text” using Intellectual Property without the express written consent of ACA; (h) any ownership rights to any ACA Content. Any unauthorized use of ACA Content is strictly prohibited and is a violation of ACA’s Intellectual Property rights that may result in criminal or civil penalties, and immediately terminates the permission or license granted herein by ACA.

ACA does not warrant or represent that User’s use of ACA Content or any other materials displayed on, or obtained through, the Website will not infringe the rights of third parties.

Policies

ACA has developed policies to ensure accordance with the laws respecting personal rights, antitrust limitations and ACA’s reputation. User hereby agrees to abide by ACA’s general policies in addition to the Terms of Use, including, but not limited to, ACA’s Logo Use Policy, ACA’s Copyright Policy, ACA’s Privacy Policy, and ACA’s Antitrust and Anti-Harassment Policies, all of which can be found on the Website, which are incorporated herein by reference (“Website Policies”).

User Material

If at any time User believes its copyright, trademark or other property rights have been infringed by a posting on the Website, User shall immediately send notification to ACA’s “Designated Agent” that is identified below.

Designated Agent

Pursuant to the Digital Millennium Copyright Act, 17 U.S.C. Sec. 512(c), ACA’ Designated Agent for notice of claims of copyright infringement can be reached as indicated below. Service of repeat infringers of copyright or of users about whom repeat claims of copyright infringement are received will be terminated.

Designated Agent for Claimed Infringement:
ACA International
Legal Department
3200 Courthouse Lane, Eagan, MN 55121-1585
(952) 926-6547

User acknowledges and agrees that upon receipt of a notice of a claim of copyright infringement, ACA may immediately remove the identified materials from the Website without liability to User or any other party and that the claims of the complaining party and the party that originally posted the materials will be referred to the United States Copyright Office for adjudication as provided in the Digital Millennium Copyright Act.

Product Descriptions

ACA attempts to be as accurate as possible. However, ACA does not warrant that product descriptions or other ACA Content of this Website is accurate, complete, reliable, current, or error-free. If a product offered by ACA itself is not as described, User’s sole remedy is to return the product in unused condition.

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The Website may offer third party links allowing User to access other sites on the Internet or that include third party user data, commentary, posts, blogs or otherwise include information, documents, software, materials and/or services provided by other parties (“Third-Party Content”). Third Party Content may contain information or material that some people may find inappropriate or offensive. User Data and Third-Party Content are not under ACA’s control and ACA has no affiliation, does not endorse or take responsibility for any User Data or Third-Party Content. User acknowledges that ACA is not responsible for the accuracy, copyright compliance, legality, decency or any other aspect of the Third-Party Content, nor is ACA responsible for errors or omissions in any references to other parties or their products and services. The inclusion of such Third-Party Content does not imply endorsement of, or association with, the Third-Party Content by ACA.

Disclaimer of Warrranties and Limitation of Liability

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CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.

Through User’s use of the Website, User may have the opportunities to engage in commercial transactions with other users and vendors. User acknowledges that all transactions relating to any merchandise or services offered by any party, including, but not limited to, the purchase terms, payment terms, warranties, guarantees, maintenance and delivery terms relating to such transactions, are agreed to solely between the seller or purchaser of such merchandise and services and User.

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International Use

Although the Website may be accessible worldwide, ACA makes no representation that materials on the Website are appropriate or available for use in locations outside the United States and accessing them from territories where their contents are illegal is prohibited. Users who access the Website from other locations do so on their own initiative and are responsible for compliance with local laws. Any offer for any product, services and/or information made in connection with this Website is void where prohibited.

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Assignment

The Terms of Use may be automatically assigned by ACA in its sole discretion. User may not resell, assign or transfer any of its rights or obligations under the Terms of Use, in whole or in part, without ACA’s prior written consent and any attempt to so resell, assign or transfer will be null and void.

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In any action, formal or informal, initiated by ACA to enforce the Terms of Use, ACA will be entitled to costs and attorneys’ fees.

Interpretation

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Amendment

The Terms of Use may be amended at any time by ACA without specific notice to User. The latest Terms of Use will be posted on the Website, and User takes sole responsibility to periodically review the Terms of Use prior to using the Website.

Applicable Law

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Fees due by User for using certain services or purchasing products are either set out in a separate agreement or described elsewhere in the Website and are the sole responsibility of User (“Fee”). Any such agreement is incorporated by reference. If User incurs a Fee, User agrees to pay all Fees. ACA will bill all Fees to User’s credit card or other automatic payment option available and provided to ACA by User. User agrees to provide ACA with accurate and complete billing information, including valid credit card information, User’s name, address and telephone number and to provide ACA with any changes in such information within five (5) calendar days of the change. If, for any reason, User’s credit card company refuses to pay the Fee, User agrees that ACA may require User to pay any unpaid amount due upon demand (“Default”) by other means acceptable to ACA. If legal action is necessary to collect any Fees due, User agrees to reimburse ACA for all expenses incurred to recover Fees due, including collection fees, attorney’s fees and other expenses.

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In order to access some of the services on the Website, User will require an account, password and/or other information and data provided to ACA in connection with the use of the Website (“Registration Data”). By providing Registration Data, User agrees that all information provided in the Registration Data is true and accurate, User is at least eighteen (18) years of age and that User will maintain and update this information as required to keep it current, complete and accurate. User grants ACA the right to disclose to third parties certain Registration Data about User in accordance with its Privacy Policy. Registration Data is considered “Personal Information” within the Privacy Policy. ACA shall act in accordance with the terms of its Privacy Policy when handling the Registration Data. User is also responsible for maintaining the confidentiality of the Registration Data, and for any and all statements made, and acts or omissions that occur by use of the account associated with the Registration Data (“Account”). User must take steps to ensure that no third-party can utilize the Registration Data or the Account. User may not transfer or share User’s Account with anyone, and ACA reserves the right to immediately terminate User’s Account in the event of any unauthorized transfer or sharing. Each Account is personal to a single User.

Exclusive Member Content

Users that are ACA members (“Members”) and in the event the Member is an entity, their properly authorized individual users, will be provided online access to valuable information relevant to the credit and collection industry on the Website and hub.acainternational.org (“Hub”), which is exclusive to Members, much of which is specifically designated as members-only content and requires User specific Registration Data and Account (“Member Content”). Members hereby acknowledge Member Content is the sole property of ACA and is included as ACA Content. Entity Members may authorize individual employee user access to Member Content, wherein each user identified in the ACA user roster will be assigned unique Registration Data. Entity Members are responsible for the conduct of their employees that use the Website and/or the Hub. Entity Member’s responsibility for employee conduct does not absolve the employee of their personal responsibility to comply with Terms of Use. Additions, deletions, and modifications to a Member’s information, and employee roster, must be made by the Member’s designated contact. Members are required to maintain an up-to-date and accurate roster. Rosters must timely reflect changes regarding inactive email addresses and Users who have separated from employment. Only those employees physically located at the approved Member geographical location may be provided access. In no event may any entity Member add a non-employee to its user roster, or otherwise allow non-employees access to Member Content through the Member’s Account. Hub use must comply with ACA’s Hub Terms of Access as they may be amended from time to time, which is incorporated herein by reference. If the Member learns a User identified in the Member’s user roster, or otherwise through the Member’s Account, has improperly accessed or disseminated information originating from ACA or violated the Terms of Use, the Member must report the event to ACA immediately and take appropriate corrective action, which shall include, but not exclusively: (a) preventing further unauthorized access; (b) issuing notice to all known and suspected unauthorized recipients of the breach; (c) providing to ACA a disclosure of all known recipients of Member Content; (d) destroying or returning all information improperly retrieved or disseminated; and (e) cooperating with ACA in such a manner as ACA may determine appropriate under the circumstances to avoid further harm.

Delivery

Unless in downloadable format, most product orders placed with ACA are delivered via FedEx, UPS and USPS, within four (4) business days to two (2) weeks of ordering the product. Back orders can take up to six (6) weeks depending on the type of product ordered. User will pay all shipping charges for ordered and returned items. Shipping charges are subject to change without prior notification to User.

Limitation of Liability

ACA Content is presented for educational, general reference and informational purposes only and is not intended to serve as legal or other advice. ACA does not represent or warrant that ACA Content is accurate, complete or current for any specific or particular purpose or application. ACA Content is not intended to be a full and exhaustive explanation of the law in any area, nor should it be used to replace the advice of your own legal counsel.

ACA CONTENT IS PROVIDED “AS IS.” ACA MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND AS TO ACA CONTENT, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, NONINFRINGEMENT AND FITNESS FOR A PARTICULAR PURPOSE, UNLESS OTHERWISE SPECIFIED BY ACA IN WRITING. BY USING ACA CONTENT IN ANY WAY, WHETHER OR NOT AUTHORIZED, USER ASSUMES ALL RISK AND HEREBY RELEASES ACA FROM ANY LIABILITY ASSOCIATED WITH ACA CONTENT, UNLESS SEPARATELY PROVIDED IN WRITING BY ACA IN A SEPARATE CONTRACT.

Risk of Loss

All items purchased from ACA are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to User upon our delivery to the carrier.

FURTHER, ACA SHALL NOT BE LIABLE IN ANY WAY FOR THIRD PARTY GOODS AND SERVICES OFFERED THROUGH THE WEBSITE OR FOR ASSISTANCE IN CONDUCTING COMMERCIAL TRANSACTIONS THROUGH THIS WEBSITE INCLUDING, WITHOUT LIMITATION, THE PROCESSING OF ORDERS.

Updated 3/1/2019

 

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