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Telephone Consumer Protection Act (TCPA) Comprehensive Guide

The Evolution of Telemarketing and the Need for Regulation

In the ever-evolving landscape of marketing and communication, telemarketing and text message marketing have emerged as powerful tools for reaching consumers. Their effectiveness in reaching a broad audience with a simple phone call or text message has made them attractive options for businesses and marketers. However, this very effectiveness, when unchecked, led to a deluge of unsolicited communications that frustrated consumers across the nation. With the advent of digital technology, it became possible for a single entity to call or text the entire American population. Recognizing the need to strike a balance between marketing outreach and consumer privacy, Congress took action. The Telephone Consumer Protection Act (TCPA) was born out of the necessity to restrict telemarketing and text messaging to those who explicitly consented to receive such communications. In this comprehensive review of the Telephone Consumer Protection Act, we will delve into the text of the TCPA, analyze its key provisions, and explore its implications for consumers and businesses alike.

Title 47, United States Code, Section 227 – Telephone Consumer Protection Act (TCPA)

§ 227. Restrictions on use of telephone equipment

The Telephone Consumer Protection Act (TCPA) of 1991, codified under Title 47 of the United States Code, Section 227, is a landmark piece of legislation that addresses the growing concerns surrounding telemarketing and unwanted communications. This comprehensive review will delve into the text of the TCPA, provide an in-depth analysis of its key provisions, and explore the implications of this law for consumers and businesses alike.

(a) Definitions

To fully comprehend the TCPA, it is essential to start with its definitions. The TCPA lays the foundation by clearly defining key terms that are integral to its implementation. These definitions include:

  • Telephone facsimile machine: This term encompasses devices capable of sending or receiving faxes over telephone lines.
  • Automatic telephone dialing system (ATDS): The TCPA defines ATDS as equipment with the capacity to store or generate telephone numbers to be dialed automatically.
  • Unsolicited advertisement: Any message sent via fax or voice communication that promotes the commercial interests of the sender.

These definitions are pivotal, as they set the stage for understanding the subsequent sections of the TCPA.

(b) Restrictions on the use of automated dialing systems and prerecorded voice messages

This section is fundamental to the TCPA, as it directly addresses one of the primary concerns of consumers—unsolicited calls from automated dialing systems and prerecorded voice messages. The TCPA prohibits the use of automated dialing systems to make calls to:

  • Emergency telephone lines
  • Hospitals
  • Physicians’ offices
  • Healthcare facilities

Additionally, the TCPA mandates that such calls must include caller identification information, allowing recipients to identify the source of the call. This provision aims to enhance transparency and accountability in telemarketing practices.

(c) Prohibition of unsolicited advertisements

Unsolicited advertisements have long been a source of irritation for consumers. This section of the TCPA tackles this issue head-on. It forbids the sending of unsolicited advertisements to fax machines without prior consent. Furthermore, it imposes strict restrictions on unsolicited telemarketing calls.

Under the TCPA, telemarketers are required to maintain a “Do-Not-Call” list, allowing consumers to opt out of receiving telemarketing calls. Telemarketers must honor this list and refrain from making unsolicited calls to those who have registered their numbers. This provision is instrumental in safeguarding consumer privacy and reducing the intrusion of unwanted calls.

(d) Technical and procedural standards

The TCPA not only addresses the content of calls but also sets forth technical requirements for fax machines and opt-out mechanisms for telemarketing calls. These provisions are designed to ensure that consumers have the tools and information needed to protect themselves from unsolicited communications.

Specifically, this section requires that fax machines have the capability to reject unsolicited faxes and that telemarketing calls must adhere to specific time restrictions. Telemarketers are prohibited from making calls before 8 a.m. or after 9 p.m. in the recipient’s local time. Additionally, telemarketers must provide specific information, including their identity and contact information, to the called party.

(e) Prohibition on junk faxes

Junk faxes, or unsolicited advertisements sent via fax, are a particularly vexing issue. To address this problem, the TCPA imposes strict regulations on their transmission. Generally, sending unsolicited advertisements via fax is prohibited unless the sender has an established business relationship with the recipient or includes an opt-out notice, allowing the recipient to request the cessation of such faxes. This provision aims to strike a balance between legitimate business communication and consumer protection.

(f) Private right of action

One of the noteworthy aspects of the TCPA is the provision that grants individuals a private right of action. This means that consumers who receive unsolicited faxes or calls in violation of the TCPA have the legal standing to sue the violators for damages. Statutory damages under the TCPA can range from $500 to $1,500 per violation, making it a powerful tool for consumers to hold telemarketers accountable for unwanted communications.

This private right of action has led to numerous class-action lawsuits against companies that engage in unsolicited telemarketing. These lawsuits have resulted in significant financial penalties for businesses found in violation of the TCPA, serving as a strong deterrent against unsolicited communications.

(g) Junk fax enforcement report

The TCPA mandates that the Federal Communications Commission (FCC) submit an annual report to Congress detailing its enforcement activities related to junk faxes. This reporting requirement ensures transparency and accountability in the enforcement of the TCPA’s provisions.

(h) Effect on State law

The TCPA addresses the relationship between federal and state laws, establishing a baseline federal standard for telemarketing regulations. While the TCPA sets certain minimum requirements, individual states are allowed to impose stricter telemarketing laws if they so choose. This means that businesses must navigate a complex landscape of federal and state regulations to ensure compliance.

(i) Nonapplication to common carriers and certain nonprofit organizations

The TCPA includes exemptions for common carriers and certain nonprofit organizations, provided that their calls are not made for a commercial purpose. This exemption acknowledges the unique nature of these entities’ communications and aims to strike a balance between consumer protection and the legitimate functions of these organizations.

(j) Other provisions

This section of the TCPA encompasses miscellaneous provisions that further contribute to the comprehensive nature of the law. Notable provisions include:

  • Establishment of a database: The TCPA calls for the creation of a database to prevent unwanted calls to wireless numbers. This database serves as a critical tool for consumers who wish to block unwanted calls.
  • Emergency purposes exemption: The TCPA allows for exemptions for calls made for emergency purposes, ensuring that critical information can be communicated without hindrance.

Analysis of the TCPA

The TCPA was enacted in 1991 in response to mounting concerns over the proliferation of unwanted telemarketing calls and the inundation of fax machines with unsolicited advertisements. Its overarching goal was to protect consumers from the annoyance and intrusion of unsolicited communications, and it has largely succeeded in achieving this aim. However, to gain a deeper understanding of the TCPA, it is crucial to delve into its various aspects.

Consent is Key

Central to the TCPA’s consumer protection measures is the concept of consent. The law places a significant emphasis on obtaining the prior consent of consumers before engaging in telemarketing activities or sending unsolicited faxes. This requirement is designed to empower consumers by giving them control over the communications they receive.

For businesses, obtaining consent is not only a legal obligation but also a best practice for building positive relationships with customers. This practice has led to the rise of opt-in mechanisms, where consumers actively provide their consent to receive communications. These mechanisms include checkboxes on websites, text message opt-ins, and email subscription forms.

Moreover, the TCPA recognizes the importance of “established business relationships” as a form of consent. If a consumer has an existing relationship with a business, such as a previous purchase or inquiry, the business may have the legal grounds to make telemarketing calls to that consumer without express consent.

Private Right of Action

One of the defining features of the TCPA is the provision granting individuals a private right of action. This means that consumers have the legal standing to take telemarketers and fax senders to court if they believe their rights under the TCPA have been violated. This private right of action has significant implications for both consumers and businesses.

On the one hand, it empowers consumers to seek redress and potentially recover damages when they receive unsolicited communications in violation of the TCPA. On the other hand, it has led to a proliferation of class-action lawsuits against businesses engaged in unsolicited telemarketing. These lawsuits have resulted in substantial financial penalties for companies found in violation of the TCPA, serving as a strong deterrent against unsolicited communications.

Businesses must take this provision seriously and prioritize compliance with the TCPA to avoid costly legal actions and damage to their reputation. Effective compliance includes maintaining accurate and up-to-date consent records, adhering to the National Do-Not-Call Registry, and implementing robust opt-out mechanisms.

National Do-Not-Call Registry

A significant component of the TCPA’s consumer protection measures is the establishment of the National Do-Not-Call Registry. This registry allows consumers to opt out of receiving telemarketing calls by adding their phone numbers to the list. Telemarketers are legally obligated to honor the registry and refrain from making unsolicited calls to numbers listed therein.

The National Do-Not-Call Registry has been a valuable tool for consumers seeking relief from unwanted telemarketing calls. It has also introduced a level of accountability into the telemarketing industry, as violations of the registry’s rules can result in severe penalties.

For businesses engaged in telemarketing, compliance with the National Do-Not-Call Registry is not only a legal requirement but also a practical necessity. Failing to honor the registry can lead to complaints, legal action, and damage to a company’s reputation.

Penalties

The TCPA imposes penalties for violations of its provisions. These penalties are intended to deter telemarketers and fax senders from engaging in practices that infringe upon consumer privacy. The potential consequences for non-compliance are not insignificant.

Statutory damages under the TCPA can range from $500 to $1,500 per violation. This means that a single unsolicited communication to a consumer can result in a significant financial penalty for the sender. In the case of class-action lawsuits, where multiple consumers are affected, the cumulative damages can be substantial.

As a result, businesses must take proactive measures to ensure compliance with the TCPA’s requirements. This includes carefully vetting their telemarketing practices, maintaining accurate records of consent, and implementing robust opt-out mechanisms to prevent violations and the associated penalties.

Evolution of Technology

Since the TCPA’s enactment in 1991, technology has evolved at an unprecedented pace. New communication methods, such as text messaging and robocalls, have emerged, presenting unique challenges for the enforcement of the law.

The TCPA’s original text did not explicitly address these modern communication methods, leading to uncertainties and legal disputes. To address these issues, the Federal Communications Commission (FCC), which is responsible for enforcing the TCPA, has issued clarifications and updates to adapt the law to changing technology.

For example, the FCC clarified that text messages are subject to the TCPA’s regulations, particularly when they are used for telemarketing purposes. The use of artificial or prerecorded voices in text messages without consent is prohibited under the TCPA.

Additionally, robocalls—pre-recorded voice messages often delivered via automated dialing systems—have been a focal point of TCPA enforcement. The TCPA’s restrictions on autodialers apply to robocalls, requiring that consumers provide explicit consent to receive them.

Businesses must stay informed about these evolving interpretations and adapt their practices to remain compliant with the law. Ignoring the impact of technology on the TCPA can lead to legal challenges and costly penalties.

State vs. Federal Laws

The TCPA establishes a federal standard for telemarketing regulations, but it also allows individual states to impose stricter laws. This interplay between federal and state regulations can create complexity for businesses operating across multiple jurisdictions.

While the TCPA sets certain minimum requirements, states can enact telemarketing laws that go beyond federal standards. These state laws may introduce additional consent requirements, opt-out procedures, and penalties for non-compliance. For businesses operating in multiple states, this means navigating a patchwork of regulations that vary from state to state.

To ensure compliance, businesses must keep a close eye on both federal and state laws, implementing processes and procedures that meet the strictest standards applicable to their operations. This can be a complex task, particularly for businesses with a national or multi-state presence.

Business Exemptions

The TCPA includes exemptions for certain industries and organizations. Notably, common carriers and certain nonprofit organizations are exempt from some of the TCPA’s restrictions, provided that their calls are not made for a commercial purpose. This exemption acknowledges the unique nature of these entities’ communications and aims to strike a balance between consumer protection and the legitimate functions of these organizations.

Common carriers, such as telecommunications companies and transportation providers, often engage in communications that are essential for their services. Nonprofit organizations, particularly those engaged in charitable or political activities, also rely on telephone communications to reach their audiences.

These exemptions recognize the unique nature of these entities’ communications and strike a balance between consumer protection and the legitimate functions of common carriers and nonprofits. However, it’s essential to note that these exemptions have limitations and conditions, and not all communications from these entities are exempt from the TCPA.

Enforcement

The enforcement of the TCPA falls under the purview of the Federal Communications Commission (FCC). The FCC has the authority to investigate complaints, issue fines and penalties, and provide guidance on compliance with the TCPA’s provisions.

Over the years, the FCC has issued numerous orders and declaratory rulings to clarify and update TCPA regulations in response to technological advancements and legal challenges. These rulings have helped shape the interpretation and application of the law.

For businesses, staying compliant with the TCPA requires vigilance and a commitment to following the FCC’s guidance and interpretations. It also involves maintaining accurate records of consent, implementing effective opt-out mechanisms, and regularly reviewing and updating telemarketing practices to align with the law.

Consumer Privacy and Consent

At its core, the TCPA is a consumer protection law that places a premium on privacy and consent. It recognizes that individuals have the right to control the communications they receive and that unsolicited telemarketing calls and junk faxes infringe upon that right.

As a result, businesses must prioritize obtaining proper consent from consumers before engaging in telemarketing activities. Consent is not merely a legal requirement; it is a fundamental aspect of building trust and positive relationships with customers.

Effective consent mechanisms should be transparent, easy to understand, and easily accessible to consumers. This includes providing clear information about the purpose of communication, the types of messages consumers can expect to receive, and the methods for opting out of future communications.

Moreover, businesses must maintain accurate records of consent to demonstrate compliance with the TCPA’s provisions. These records can serve as valuable evidence in the event of a dispute or legal action.

Challenges and Pitfalls

While the TCPA has been successful in curbing unsolicited communications and protecting consumer privacy, it is not without its challenges and pitfalls.

One significant challenge is the evolving landscape of technology and communication methods. As new technologies emerge, questions arise about how the TCPA applies to these technologies. For example, the use of artificial intelligence and machine learning in telemarketing introduces complexities in determining what constitutes an automated dialing system under the law.

Legal disputes and class-action lawsuits have also become common in TCPA enforcement. Telemarketers and businesses have faced substantial financial penalties, often in the form of class-action settlements, for alleged TCPA violations. These legal battles underscore the importance of strict compliance with the law.

Moreover, the TCPA’s interplay with state laws can create a compliance quagmire for businesses operating across state lines. Navigating a patchwork of federal and state regulations requires a nuanced understanding of the specific requirements in each jurisdiction.

Compliance Strategies

For businesses, compliance with the TCPA is not optional; it is a legal and ethical obligation. To navigate the complexities and challenges posed by the TCPA effectively, businesses can adopt several key strategies:

  1. Consent-Centric Approach: Prioritize obtaining clear and documented consent from consumers before initiating telemarketing communications. This includes adhering to best practices for opt-in mechanisms and consent forms.
  2. Accurate Record-Keeping: Maintain accurate records of consent, including the date, time, and manner in which consent was obtained. These records can serve as crucial evidence in demonstrating compliance.
  3. Regular Compliance Audits: Conduct regular internal audits of telemarketing practices to ensure alignment with TCPA requirements. Identify and rectify any potential compliance gaps or issues.
  4. Employee Training: Ensure that employees involved in telemarketing are trained on TCPA compliance and are aware of the importance of obtaining proper consent and following opt-out requests.
  5. Effective Opt-Out Mechanisms: Implement robust opt-out mechanisms that allow consumers to easily opt out of future communications. Honor opt-out requests promptly and efficiently.
  6. Consult Legal Counsel: Seek legal counsel or compliance experts who specialize in telemarketing regulations to ensure that your practices are in line with TCPA requirements and any state-specific laws.
  7. Stay Informed: Continuously monitor developments related to TCPA regulations, including FCC rulings and court decisions. Adapt your practices to align with evolving interpretations.

Conclusion

The Telephone Consumer Protection Act (TCPA) stands as a vital piece of legislation designed to protect consumers from unsolicited telemarketing calls and junk faxes. Its provisions, including consent requirements, the National Do-Not-Call Registry, and statutory damages, have significantly curtailed unwanted communications and empowered consumers to control their privacy.

Businesses must recognize the importance of TCPA compliance not only as a legal obligation but also as a fundamental aspect of building trust and positive relationships with customers. The private right of action, statutory damages, and class-action lawsuits make non-compliance a costly endeavor.

Navigating the TCPA’s intricate web of regulations, especially in the face of evolving technology and state-specific laws, requires diligence, expertise, and a commitment to consumer privacy. By adopting a consent-centric approach, maintaining accurate records, and staying informed about regulatory developments, businesses can navigate the TCPA effectively while respecting the rights and preferences of consumers.

In an age where communication methods continue to evolve, the TCPA remains a crucial safeguard for consumer privacy and a reminder that businesses must adapt to changing technology while upholding the principles of consent and respect for individual choice.

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Privacy Policy

We are committed to protecting your personal information and your right to privacy. If you have any questions or concerns about our policy, or our practices with regards to your personal information, please contact us at support@ReportTelemarketer.com.

When you visit our and use our services, you trust us with your personal information. We take your privacy very seriously. In this privacy policy, we seek to explain to you in the clearest way possible what information we collect, how we use it and what rights you have in relation to it. We hope you take some time to read through it carefully, as it is important. If there are any terms in this privacy policy that you do not agree with, please discontinue use of our and our services.

This privacy policy applies to all information collected through our and/or any related services, sales, marketing or events (we refer to them collectively in this privacy policy as the “Services“).

Please read this privacy policy carefully as it will help you make informed decisions about sharing your personal information with us.

 

TABLE OF CONTENTS

  1. WHAT INFORMATION DO WE COLLECT?
  2. WILL YOUR INFORMATION BE SHARED WITH ANYONE?
  3. DO WE USE COOKIES AND OTHER TRACKING TECHNOLOGIES?
  4. HOW DO WE HANDLE YOUR SOCIAL LOGINS?
  5. IS YOUR INFORMATION TRANSFERRED INTERNATIONALLY?
  6. WHAT IS OUR STANCE ON THIRD-PARTY WEBSITES?
  7. HOW LONG DO WE KEEP YOUR INFORMATION?
  8. DO WE COLLECT INFORMATION FROM MINORS?
  9. WHAT ARE YOUR PRIVACY RIGHTS?
  10. CONTROLS FOR DO-NOT-TRACK FEATURES
  11. DO CALIFORNIA RESIDENTS HAVE SPECIFIC PRIVACY RIGHTS?
  12. DO WE MAKE UPDATES TO THIS POLICY?
  13. HOW CAN YOU CONTACT US ABOUT THIS POLICY?

 

  1. WHAT INFORMATION DO WE COLLECT?

 

Personal information you disclose to us

In Short:  We collect personal information that you provide to us.

We collect personal information that you voluntarily provide to us when submitting a report or comment or when participating in activities or otherwise contacting us.

The personal information that we collect depends on the context of your interactions with us and the choices you make and the products and features you use. The personal information we collect can include the following:

Social Media Login Data. We may provide you with the option to register using social media account details, like your Facebook, Twitter or other social media account. If you choose to register in this way, we will collect the Information described in the section called “HOW DO WE HANDLE YOUR SOCIAL LOGINS” below.

All personal information that you provide to us must be true, complete and accurate, and you must notify us of any changes to such personal information.


Information automatically collected

In Short:   Some information — such as IP address and/or browser and device characteristics — is collected automatically when you visit our website or app.

We automatically collect certain information when you visit, use or navigate the website. This information does not reveal your specific identity (like your name or contact information) but may include device and usage information, such as your IP address, browser and device characteristics, operating system, language preferences, referring URLs, device name, country, location, information about how and when you use our and other technical information, and other information. This information is primarily needed to maintain the security and operation of our site, and for our internal analytics and reporting purposes.

Like many businesses, we also collect information through cookies and similar technologies.

If you post a report on our Site and provide us with your name, email, phone, we will keep your email and phone number private but may publish your name, the spammer’s phone number, the spam text message or telemarketing call or the details you report, and the date you reported the spam.  We may also record your actions on the site, mouse movements, page scrolls, as well as information to help understand how users use the site so we can improve the user experience.  We may also track email opens rates, IP address information, and link-tracking to help improve customer service and the user experience. We may from time to time record your calls for our note-taking purposes. We may disclose all of the information you provide us to our law firm to help contact you in the event we are interested in representing you in your claim against the spammer.

  1. WILL YOUR INFORMATION BE SHARED WITH ANYONE?

In Short:  We only share information with your consent, to comply with laws, to provide you with services, to protect your rights, or to fulfill business obligations.

We may process or share data based on the following legal basis:

  • Consent: We may process your data if you have given us specific consent to use your personal information in a specific purpose.
  • Legitimate Interests: We may process your data when it is reasonably necessary to achieve our legitimate business interests.
  • Performance of a Contract: Where we have entered into a contract with you, we may process your personal information to fulfill the terms of our contract.
  • Legal Obligations: We may disclose your information where we are legally required to do so in order to comply with applicable law, governmental requests, a judicial proceeding, court order, or legal process, such as in response to a court order or a subpoena (including in response to public authorities to meet national security or law enforcement requirements).
  • Vital Interests: We may disclose your information where we believe it is necessary to investigate, prevent, or take action regarding potential violations of our policies, suspected fraud, situations involving potential threats to the safety of any person and illegal activities, or as evidence in litigation in which we are involved.

More specifically, we may need to process your data or share your personal information in the following situations:

  • Vendors, Consultants and Other Third-Party Service Providers. We may share your data with third party vendors, service providers, contractors or agents who perform services for us or on our behalf and require access to such information to do that work. Examples include: payment processing, data analysis, email delivery, hosting services, customer service and marketing efforts. We may allow selected third parties to use tracking technology on the site, which will enable them to collect data about how you interact with the over time. This information may be used to, among other things, analyze and track data, determine the popularity of certain content and better understand online activity. Unless described in this Policy, we do not share, sell, rent or trade any of your information with third parties for their promotional purposes.
  • Business Transfers. We may share or transfer your information in connection with, or during negotiations of, any merger, sale of company assets, financing, or acquisition of all or a portion of our business to another company.
  • Third-Party Advertisers. We may use third-party advertising companies to serve ads when you visit the . These companies may use information about your visits to our Website(s) and other websites that are contained in web cookies and other tracking technologies in order to provide advertisements about goods and services of interest to you.
  • Affiliates. We may share your information with our affiliates, in which case we will require those affiliates to honor this privacy policy. Affiliates include our parent company and any subsidiaries, joint venture partners or other companies that we control or that are under common control with us.
  • Business Partners. We may share your information with our business partners to offer you certain products, services or promotions.
  • Other Users. When you share personal information or otherwise interact with public areas of the site, such personal information may be viewed by all users and may be publicly distributed outside the in perpetuity. If you interact with other users of our and register through a social network (such as Facebook), your contacts on the social network will see your name, profile photo, and descriptions of your activity. Similarly, other users will be able to view descriptions of your activity, communicate with you within our , and view your profile.

 

  1. DO WE USE COOKIES AND OTHER TRACKING TECHNOLOGIES?

In Short:  We may use cookies and other tracking technologies to collect and store your information.

We may use cookies and similar tracking technologies (like web beacons and pixels) to access or store information. Specific information about how we use such technologies and how you can refuse certain cookies is set out in our Cookie Policy.

 

  1. HOW DO WE HANDLE YOUR SOCIAL LOGINS?

In Short:  If you choose to register or log in to our services using a social media account, we may have access to certain information about you.

Our offer you the ability to register and login using your third party social media account details (like your Facebook or Twitter logins). Where you choose to do this, we will receive certain profile information about you from your social media provider. The profile Information we receive may vary depending on the social media provider concerned, but will often include your name, e-mail address, friends list, profile picture as well as other information you choose to make public.

We will use the information we receive only for the purposes that are described in this privacy policy or that are otherwise made clear to you on the site. Please note that we do not control, and are not responsible for, other uses of your personal information by your third party social media provider. We recommend that you review their privacy policy to understand how they collect, use and share your personal information, and how you can set your privacy preferences on their sites and apps.

 

  1. IS YOUR INFORMATION TRANSFERRED INTERNATIONALLY?

In Short:  We may transfer, store, and process your information in countries other than your own.

Our servers are located in several jurisdictions. If you are accessing our from outside, please be aware that your information may be transferred to, stored, and processed by us in our facilities and by those third parties with whom we may share your personal information (see “WILL YOUR INFORMATION BE SHARED WITH ANYONE?” above), in and other countries.

If you are a resident in the European Economic Area, then these countries may not have data protection or other laws as comprehensive as those in your country. We will however take all necessary measures to protect your personal information in accordance with this privacy policy and applicable law.

 

  1. WHAT IS OUR STANCE ON THIRD-PARTY WEBSITES?

In Short:  We are not responsible for the safety of any information that you share with third-party providers who advertise, but are not affiliated with, our websites.

The may contain advertisements from third parties that are not affiliated with us and which may link to other websites, online services or mobile applications. We cannot guarantee the safety and privacy of data you provide to any third parties. Any data collected by third parties is not covered by this privacy policy. We are not responsible for the content or privacy and security practices and policies of any third parties, including other websites, services or applications that may be linked to or from the site. You should review the policies of such third parties and contact them directly to respond to your questions.

 

  1. HOW LONG DO WE KEEP YOUR INFORMATION?

In Short:  We keep your information for as long as necessary to fulfill the purposes outlined in this privacy policy unless otherwise required by law.

We will only keep your personal information for as long as it is necessary for the purposes set out in this privacy policy, unless a longer retention period is required or permitted by law (such as tax, accounting or other legal requirements).

When we have no ongoing legitimate business need to process your personal information, we will either delete or anonymize it, or, if this is not possible (for example, because your personal information has been stored in backup archives), then we will securely store your personal information and isolate it from any further processing until deletion is possible.

  1. DO WE COLLECT INFORMATION FROM MINORS?

In Short:  We do not knowingly collect data from or market to children under 18 years of age.

We do not knowingly solicit data from or market to children under 18 years of age. By using the site, you represent that you are at least 18 or that you are the parent or guardian of such a minor and consent to such minor dependent’s use of the site. If we learn that personal information from users less than 18 years of age has been collected, we will deactivate the account and take reasonable measures to promptly delete such data from our records. If you become aware of any data we have collected from children under age 18, please contact us at support@ReportTelemarketer.com.

  1. WHAT ARE YOUR PRIVACY RIGHTS?

In Short:  You may review, change, or terminate your account at any time.

If you are resident in the European Economic Area and you believe we are unlawfully processing your personal information, you also have the right to complain to your local data protection supervisory authority. You can find their contact details here: http://ec.europa.eu/justice/data-protection/bodies/authorities/index_en.htm.

 

Account Information

If you would at any time like to review or change the information in your account or terminate your account, you can:

Upon your request to terminate your account, we will deactivate or delete your account and information from our active databases. However, some information may be retained in our files to prevent fraud, troubleshoot problems, assist with any investigations, enforce our Terms of Use and/or comply with legal requirements.

Opting out of email marketing: You can unsubscribe from our marketing email list at any time by clicking on the unsubscribe link in the emails that we send or by contacting us using the details provided below. You will then be removed from the marketing email list – however, we will still need to send you service-related emails that are necessary for the administration and use of your account. To otherwise opt-out, you may write us at support-@ReportTelemarketer.com.

  1. CONTROLS FOR DO-NOT-TRACK FEATURES

Most web browsers and some mobile operating systems and mobile applications include a Do-Not-Track (“DNT”) feature or setting you can activate to signal your privacy preference not to have data about your online browsing activities monitored and collected. No uniform technology standard for recognizing and implementing DNT signals has been finalized. As such, we do not currently respond to DNT browser signals or any other mechanism that automatically communicates your choice not to be tracked online. If a standard for online tracking is adopted that we must follow in the future, we will inform you about that practice in a revised version of this privacy policy.

 

  1. DO CALIFORNIA RESIDENTS HAVE SPECIFIC PRIVACY RIGHTS?

In Short:  Yes, if you are a resident of California, you are granted specific rights regarding access to your personal information.

California Civil Code Section 1798.83, also known as the “Shine The Light” law, permits our users who are California residents to request and obtain from us, once a year and free of charge, information about categories of personal information (if any) we disclosed to third parties for direct marketing purposes and the names and addresses of all third parties with which we shared personal information in the immediately preceding calendar year. If you are a California resident and would like to make such a request, please submit your request in writing to us using the contact information provided below.

If you are under 18 years of age, reside in California, and have a registered account with the site, you have the right to request removal of unwanted data that you publicly post on the . To request removal of such data, please contact us using the contact information provided below, and include the email address associated with your account and a statement that you reside in California. We will make sure the data is not publicly displayed on the site, but please be aware that the data may not be completely or comprehensively removed from our systems.

  1. DO WE MAKE UPDATES TO THIS POLICY?

In Short:  Yes, we will update this policy as necessary to stay compliant with relevant laws.

We may update this privacy policy from time to time. The updated version will be indicated by an updated “Revised” date and the updated version will be effective as soon as it is accessible. If we make material changes to this privacy policy, we may notify you either by prominently posting a notice of such changes or by directly sending you a notification. We encourage you to review this privacy policy frequently to be informed of how we are protecting your information.

  1. HOW CAN YOU CONTACT US ABOUT THIS POLICY?

If you have questions or comments about this policy, you may email us at support@ReportTelemarketer.com.

HOW CAN YOU REVIEW, UPDATE, OR DELETE THE DATA WE COLLECT FROM YOU?

Based on the laws of some countries, you may have the right to request access to the personal information we collect from you, change that information, or delete it in some circumstances. To request to review, update, or delete your personal information, please submit a request to support@ReportTelemarketer.com. We will try to respond to your request within 30 days.

Terms & Conditions

These Terms and Conditions constitute a legally binding agreement made between you, whether personally or on behalf of an entity (you), and Coleman, PLLC, doing business as  ReportTelemarketer.com, located at 66 West Flagler Street, Unit 900, Miami, FL 33130 (we, us), concerning your access to and use of the ReportTelemarketer.com (http://ReportTelemarketer.com/) (“RTA”) website as well as any related applications (the Site).

ReportTelemarketer.com (“RTA”) provides the website or mobile applications that link to or reference these Terms and Conditions (collectively, including all content and functionality available through RTA and related domain names and any mobile applications, “RTA”) to you (“You” or “Your”) subject to these Consumer Terms and Conditions (“Terms”) and subject to RTA’s other policies, including our Privacy Policy and Cookie Policy included in the Privacy Policy, incorporated herein by reference. These Terms require that disputes between us be resolved by binding arbitration rather than by jury trials or class actions and limit your remedies in the event of a dispute.

Please take a few minutes and read the Terms and Conditions agreement that you’re entering into, and pay special attention to our dispute resolution policy which requires binding arbitration​​.

This Site is maintained on behalf of Coleman, PLLC to help users learn more about telemarketing calls, telemarketing abuse, spam text messages, and report them to the Coleman, PLLC  By reporting to our site, the user consents to be contacted by phone or email by the Coleman, LLC.  Our law firm will investigate the report at our sole discretion and discuss potential claims for a lawsuit or class action with you.  No attorney-client relationship exists with our firm until a signed retainer agreement is executed between us.

We are not the do-not-call registry or affiliated with any government body.  Rather, this website is solely maintained by the Coleman, PLLC to help consumers report unwanted telemarketing calls, text messages, and faxes and in some cases the Coleman PLLC will help to stop those telemarketing calls and try to recover money from those telemarketers under the Telephone Consumer Protection Act.

This site is not intended for use in California.

The information contained within the Site are for informational purposes only, and may not reflect the most current issues of the law and jurisdictions. This site should not be construed as legal advice. RTA does not provide legal advice. The materials and information on the Site do not necessarily reflect the opinions of the members of the Coleman PLLC.  The Site is not intended to, and does not, constitute or create an attorney-client relationship between you and any member of the Coleman PLLC unless a signed retainer agreement is signed with our firm.

Electronic Communications: By accessing the Services, you consent to have this Agreement provided to you in electronic form and that all agreements, disclosures, and other communications that we may provide to you in electronic form satisfy any legal requirements that our communications with you be in writing. You acknowledge that when you provide us with your contact information, including an email address or telephone number (“Contact Information”) or by submitting a comment, report, sharing this information with us constitutes a “purchase” or “inquiry” that establishes a business relationship between you and us.

You accept these Terms by accessing or using RTA in any manner even if you do not submit a report or comment on the page. You represent and warrant that You are at least 18 years of age and of legal competence to enter into this agreement. You also represent and warrant that You (i) are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) You are not listed on any U.S. Government list of prohibited or restricted parties.

You expressly agree that we may communicate with you about the Services, using any or all Contact Information you provide to us. You also represent and warrant that you have the legal authority over any telephone number you provide to us. We may contact you, in person or by recorded message, by e-mail, telephone and/or mobile telephone number (including use of automated dialing equipment), text message (SMS or MMS), or any other means of communication that your telecommunications device may be capable of receiving. You may elect to opt out of receiving marketing emails at any time by following the instructions and link provided in the email. Please allow up to ten business days for our systems to reflect your marketing communication preferences.

RTA may change these Terms at any time, including by adding new provisions or removing existing provisions, except as otherwise provided in these Terms. By continuing to access or use RTA, You accept any changes or revisions to the Terms.

IF YOU DO NOT AGREE TO ALL OF THESE TERMS DO NOT USE ReportTelemarketer.com

References to “RTA,” “You,” “we,” and “us” in these terms include (where appropriate) our respective subsidiaries, parent companies, members, affiliates, agents, employees, predecessors in interest, successors, and assigns, as well as all authorized or unauthorized users or beneficiaries of services provided by RTA.

  1. Accounts and Logins
  2. You represent and warrant that all information You provide in connection with the creation of an account with RTA (“Account”) is accurate and true. You agree that, if any Account information changes, You will update Your Account to maintain accurate information.
  3. In connection with Your creation of an Account, You will create a Login and Password. You agree that You will not distribute Your Login or Password to any other person, and You will not authorize use of Your Account by any other person. You agree that You will not transfer, sub-license, sell, or assign Your rights in Your Account to any other person.
  4. If You believe that a third-party has gained access to Your Account, You agree to notify RTA by sending an email to ​support@ReportTelemarketer.com​. RTA reserves the right to terminate Your Account at any time for any reason. If Your Account is terminated RTA has no obligation to retain any data associated with Your Account.
  5. Any unauthorized use of Your Account by any third-party is subject to these Terms as though You were using the Account.
  6. License to Use RTA
  7. RTA grants You a personal, non-exclusive, non-transferable, limited and revocable license to use RTA subject to the Terms. You may use RTA and information acquired from RTA for personal use only, provided that such personal use is not to determine consumer eligibility for any purpose covered by the Fair Credit Reporting Act (as further described herein) and is all times for lawful purposes. You may not use RTA in a manner that exceeds the rights granted for Your use.
  8. Other than connecting to RTA by http request using a web browser, You may not attempt to access RTA’s servers or RTA by any means. In particular, You are prohibited from scraping, crawling, data-mining, or using any robot, spider, or other automatic device to send queries to the RTA’s servers or 3RTA. You may not use RTA to compile data or images for use by any commercial entity.
  9. You agree not to disrupt, modify or interfere with RTA, or its associated software, hardware, and servers in any way. You agree not to impede or interfere with others’ use of RTA. You further agree not to alter or tamper with any information or materials on or associated with RTA.
  10. You may not use RTA or any information acquired from RTA:
  11. to engage in activities that would violate applicable local, state, national or international law, or any regulations having the force of law, including the laws, regulations, and ordinances of any jurisdiction from which You access RTA;
  12. to make any phone call or send any email or text message that does not comply with CAN-SPAM, the Telephone Consumer Protection Act or any other applicable federal or state law. You acknowledge that You are solely responsible for ensuring that telephone calls made or email or text messages sent using information obtained from RTA are in compliance with CAN-SPAM, the Telephone Consumer Protection Act, or all other applicable federal or state laws. RTA does not scrub any phone numbers displayed on RTA through the National Do Not Call Registry or any other do-not-call registries;
  • to evaluate a consumer’s eligibility for credit or insurance to be used primarily for personal, family, or household purposes, to evaluate a person’s eligibility for employment or volunteering purposes, to evaluate a person’s eligibility for a government license or benefit, to evaluate a person for renting a dwelling property, or for any other purpose specified in the Fair Credit Reporting Act (15 U.S.C. § 1681b) (the “FCRA”), Federal Trade Commission or court interpretations of the FCRA, or similar state statutes.;
  1. in any manner that may violate any local, state, federal, or international privacy law to which You may be subject on the basis of Your location or the location of the person searched.

You will use the Services only for appropriate, legal purposes, and in compliance with all applicable federal, state, and local laws and regulations, including export control laws. Any unauthorized use of the Services or Content is expressly prohibited.

You are responsible for determining which laws apply based on your use of the Content. You will obtain any and all necessary licenses, certificates, permits, approvals or other authorizations required by federal, state or local statute, law or regulation that govern your use of the Services

You will not use the Services or information derived from the Services in combination with any purpose, or personal information, covered under the Gramm-Leach-Bliley Act, Health Insurance Portability and Accountability Act, or the Children’s Online Privacy Protection Act.

You will not use the Services in a manner that may cause emotional or physical harm to anyone, or to stalk, threaten, defame, libel, or otherwise harass another person. You may not use the Services for the furtherance of any criminal activity, including fraud and identity theft, or in the violation of any person’s privacy rights.

You will not use the Services to seek information about or locate any person under the age of 18.

You will not use the Services to obtain personal information pertaining to famous people, government officials, or election candidates.

You will not falsely state, impersonate, or otherwise misrepresent your identity or your affiliation with any person or entity while using the Services.

You will not use the Services to post, publish, or transmit any text, graphics or material that: (i) is false or misleading; (ii) is obscene, pornographic, or offensive; (iii) promotes bigotry, racism, or hatred against any individual or group; (iv) infringes another’s rights, including intellectual property rights; or (iv) violates, or encourages any conduct that would violate, any applicable law or regulation, or would give rise to civil liability.

You will not use the Services to send any commercial email or SMS that does not comply with CAN-SPAM, the Telephone Consumer Protection Act, or any other applicable federal or state law.

You will not use the Services to promote or provide instructional information about illegal activities or promote physical harm or injury against any group or individual.

You will not use the Services or Content in connection with credit repair or credit counseling services.

You will not use the Services of RTA in a commercial manner without the express written consent of RTA.

  1. Assignments

RTA may assign this agreement at any time without notice to You. You may not assign this agreement to anyone else, and any attempt to assign shall be void.

  1. Information Available Through RTA
  2. RTA may post publicly available information (“Public Information”). This Public Information may be made available to users.
  3. RTA does not verify this Public Information. RTA does not evaluate each piece of information provided and makes no guarantees to RTA users about the accuracy, legitimacy, or legality of any information or how recently any information was collected or updated. As a user of RTA, You agree that there are no warranties or guarantees whatsoever regarding the information provided. Further, You agree to rely on the information available through RTA at Your own risk.
  4. If court records are provided, they are for informational purposes only. While we endeavor to provide you with the most up to date and comprehensive information, certain inaccuracies may still exist and certain records may be omitted. RTA shall not be liable for any errors or omissions on this site. Anyone who uses any information provided by RTA to commit a crime or to harass an individual or his or her family may be subject to criminal prosecution and civil liability.
  5. Consumers may post information on this site. We do not verify or vouch for the accuracy of the information as the posts or solely the opinion and reports of the consumer who posted it.
  6. Privacy Policy
  7. RTA maintains a Privacy Policy describing its collection, retention, and use of information about users of RTA. This policy can be accessed at the privacy link at the bottom of the site​ and is incorporated herein by reference.
  8. Communications
  9. By filling out a report on RTA, commenting, emailing us, or communicating with us in any way, you give RTA consent to email, call, or text you. Once you create an account on our site, or become a subscriber, or fill out a report or comment on a page, you may, from time to time, receive e-mail or phone communications from us (text or calls) about your report, comment, or account.
  10. TCPA Consent & Privacy. Notwithstanding any current or prior election to opt in or opt out of receiving telemarketing calls or SMS messages (including text messages) from us, our agents, representatives, affiliates, or anyone calling on our behalf, you expressly consent to be contacted by us, our agents, representatives, affiliates, or anyone calling on our behalf for any and all purposes arising out of or relating to your report, comments, or communication with RTA, at any telephone number, or physical or electronic address you provide or at which you may be reached. You agree we may contact you in any way, including SMS messages (including text messages), calls using prerecorded messages or artificial voice, and calls and messages delivered using auto telephone dialing system or an automatic texting system. Automated messages may be played when the telephone is answered, whether by you or someone else. In the event that an agent or representative calls, he or she may also leave a message on your answering machine, voice mail, or send one via text. You consent to receive SMS messages (including text messages), calls and messages (including prerecorded and artificial voice and autodialed) from us, our agents, representatives, affiliates or anyone calling on our behalf at the specific number(s) you have provided to us. You certify, warrant and represent that the telephone numbers that you have provided to us are your contact numbers. You represent that you are permitted to receive calls at each of the telephone numbers you have provided to us. You agree to promptly alert us whenever you stop using a particular telephone number. Your cellular or mobile telephone provider will charge you according to the type of plan you carry. You also agree that we may contact you by e-mail, using any email address you have provided to us or that you provide to us in the future. We may listen to and/or record phone calls between you and our representatives without notice to you as permitted by applicable law.
  11. You consent by reporting, commenting, or communicating with RTA that we can post your comments, reports, or communications on RTA.
  12. For those who report a number to RTA, we may share your information with a law firm that can help you stop the calls. We are not a lawyer referral service and do not accept payment in exchange for sharing that information. It is simply a service whereby we may have a law firm help you stop the calls without it costing you any money. If you do not want us to do this, please email us at support@RTA.
  13. Links to Other Websites
  14. You may find links to other Internet sites or resources on RTA that offer content, goods, or services. You acknowledge and agree that RTA has no responsibility or liability (directly or indirectly) for: the availability of such external sites or resources; any content, advertising, products, or other materials on or available from such sites or resources; any damage, loss, claim, or complaint (actual or alleged) caused by, arising from, or in connection with Your use of or reliance on any such content, goods, or services available on or through any such site or resource.
  15. RTA’s Intellectual Property
  16. RTA is the exclusive owner of trademark rights in the RTA mark, copyright in the software used through RTA, and except as otherwise noted herein, copyright in the RTA screen displays, and all other rights in the RTA website and technology under U.S. and international intellectual property laws.
  17. Unless explicitly stated herein, nothing in these Terms shall be construed as conferring any license to intellectual property rights, whether by estoppel, implication, or otherwise.
  18. Except as expressly authorized by RTA, You agree not to use RTA’s trademark or any mark confusingly similar to the RTA mark. You agree not to reproduce, distribute, display or create derivative works of any part of RTA or any information presented to You through RTA, in whole or in part. This prohibition includes unauthorized copying or distribution of any of the content displayed or used on RTA, framing content from RTA, or creating any unauthorized derivative work.
  19. RTA uses third-party trademarks on RTA to identify the owners of those marks. Use of any third-party trademark is meant only to identify the trademark owner and its goods and services, and is not intended to imply any association or sponsorship between the trademark owner and RTA.
  20. Submission of Confidential Information and Ideas; Submission of User Provided Content
  21. From time to time users submit ideas to RTA for improving RTA either by email or in the course of a customer care interaction. RTA has no obligation to treat this material as confidential information. To the extent that You wish to have Your idea remain confidential, to retain rights in Your idea, or wish to be compensated for submission of Your idea, please do not submit it to RTA.
  22. Portions of the content on RTA are submitted by You and other users (‘User Provided Content’), to which You may contribute appropriate material. User Provided Content includes, but is not limited to, any information you upload to RTA or any RTA mobile applications, any posts, comments, or reports you make on RTA or any RTA mobile applications, and any comments or suggestions you send to us. For User Provided Content, we are merely hosting and providing access as well as providing tools to post and share content, and we cannot accept any liability with regard to such material (including with respect to its accuracy). While we cannot preview or monitor the User Provided Content, RTA may delete any content that we believe to be in violation of this Agreement. We reserve the right, but do not have the obligation, to act expeditiously to remove or disable access to any User Provided Content that we believe violates this Agreement. We are also sensitive to the copyright and other intellectual property rights of others.

The decision to upload or share User Provided Content is Your responsibility and You should only submit or share User Provided Content that belongs to you (or where you have obtained all necessary permissions or consents) and that will not violate the rights of others. Be aware that copyright and other intellectual property rights will normally belong to the creator of the material in question and You should not reproduce or submit anything without permission of the owner. By submitting User Provided Content, You represent and warrant that You have the right to do so or that you have obtained any necessary third party consents (e.g., under privacy or intellectual property laws). You agree that you will be liable to us and indemnify us for any loss or damage we suffer as a result of your breach of the foregoing warranties. Upon our request You agree to furnish RTA with any documentation, substantiation and releases necessary and reasonably required to verify and substantiate your compliance with this provision.

By submitting User Provided Content, You grant RTA a perpetual, transferable, sublicenseable, worldwide, royalty-free, license to host, store, copy, publish, distribute, provide access to create derivative works of, and otherwise use User Provided Content submitted by You, to the extent and in the form or context we deem appropriate on or through any media or medium and with any technology or devices now known or hereafter developed or discovered. You hereby release RTA from any and all claims, liens, demands, actions or suits in connection with the User Provided Content You submit, including, without limitation, any and all liability for any use or nonuse of Your User Provided Content, claims for defamation, invasion of privacy, right of publicity, emotional distress or economic loss. This license continues even if You stop using RTA. RTA may scan, image and/or create an index from the User Provided Content you submit. In this situation, you grant RTA a license to the User Provided Content as described above and RTA will own the digital version of documents created by RTA as well as any indexed information that RTA creates. Except for the rights granted in this Agreement, RTA acquires no title or ownership rights in or to any User Provided Content You submit and nothing in this Agreement conveys any ownership rights in such User Provided Content. The licenses granted continue for the maximum time permitted by applicable law, even if You stop using RTA.

You acknowledge and agree that RTA may preserve any User Provided Content and may disclose any User Provided Content (including its origin) if RTA believes that it is required to do so by law or that such preservation or disclosure is reasonably necessary to: (a) comply with legal process or governmental requests; (b) enforce the Agreement; (c) respond to claims that any content violates the rights of third parties; or (d) protect the rights, property, or safety of RTA, other users, or the public.

By submitting information to us, you agree that we may release your contact information and all information that may be submitted by you to Coleman PLLC expressing an interest in possibly pursuing your potential claim(s).  No attorney-client relationship is formed until the law firm sends you a signed retainer agreement. At any time up until a signed retainer agreement is formed you are free to hire another attorney to pursue your potential claim.

The postings on the site reflect the users’ who participated on our site.  The fact that some companies are named does not necessarily mean or imply that they have committed any unlawful acts or that a lawsuit will be filed.

If you post a report on our Site and provide us with your name, email, phone, we will keep your email and phone number private but may publish your name, the spammer’s phone number, the spam text message or telemarketing call or the details you report, and the date you reported the spam.  We may also record your actions on the site, mouse movements, page scrolls,  as well as information to help understand how users use the site so we can improve the user experience.  We may also track email opens rates, IP address information, and link-tracking to help improve customer service and the user experience. We may from time to time record your calls for our note-taking purposes. We may disclose all of the information you provide us to our law firm to help contact you in the event we are interested in representing you in your claim against the spammer.

 

  1. Intellectual Property Claims
  2. If You believe that Your copyright has been infringed in any way by RTA, promptly provide in writing the following information to support@ReportTelemarketer.com
  3. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
  4. Identification of the copyrighted work claimed to have been infringed, or if multiple copyrighted works at a single on-line site are covered by a single notification, a representative list of such works at that site;
  • Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material;
  1. Information reasonably sufficient to permit RTA to contact You, such as an address, telephone number and e-mail address;
  2. A statement that You have a good faith belief that the use of the material in the manner complained of is not authorized by the copyright owner, its agent or the law;
  3. A statement that the information in the notice is accurate, and under penalty of perjury, that You are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
  4. The Designated Agent for RTA is:

Stefan Coleman, Coleman, PLLC 201 S. Biscayne Blvd, 28th Floor, Miami, FL 33131

  1. If You believe that Your other intellectual property rights have been infringed in any way by RTA, please provide a detailed description of the alleged infringement for further investigation via e-mail to support@ReportTelemarketer.com. RTA’s receiving, investigating, or responding to Your e-mail shall not constitute RTA’s agreement or verification of Your claim(s) nor any admission of liability therefor. RTA makes no commitment, covenant, promise, warranty, representation, or guarantee that it will receive, review, investigate, or respond to Your claim within any particular time.
  2. Notification
  3. Any notices to be given to RTA under these Terms shall be made in writing to support@ReportTelemarketer.com or to the following address:

Coleman, PLLC

201 S. Biscayne Blvd, 28th Floor

Miami, FL 33131

  1. You agree that RTA can send You electronic notices to the e-mail address that You provided to RTA in creating Your Account or by displaying the notice on RTA. You agree that all notices, agreements, disclosures, and other communications that we provide to You electronically satisfy any legal requirement that such communications be in writing.
  2. Disclaimer of Warranty
  3. YOU USE RTA AT YOUR SOLE RISK (INCLUDING BUT NOT LIMITED TO ANY DAMAGE TO YOUR COMPUTER SYSTEM, LOSS OF DATA, DAMAGE RESULTING FROM RELIANCE ON INFORMATION FROM RTA, OR OTHER DAMAGES THAT RESULT FROM OBTAINING ANY CONTENT FROM THE WEBSITE INCLUDING COMPUTER VIRUSES) EVEN IF RTA HAS BEEN ADVISED OF OR IS AWARE OF THE RISK OF SUCH DAMAGE. TO THE EXTENT PERMITTED BY LAW, RTA PROVIDES RTA, THE SERVICES, THE INFORMATION AND THE CONTENT “AS IS,” “AS AVAILABLE,” AND “WITH ALL FAULTS,” WITHOUT WARRANTY OF ANY KIND, AND RTA SPECIFICALLY DISCLAIMS ALL WARRANTIES AND CONDITIONS, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTIBILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT.
  4. NO INFORMATION OR ADVICE PROVIDED ON RTA, BY RTA, OR BY RTA’S EMPLOYEES OR AGENTS SHALL CREATE ANY WARRANTY.
  5. RTA MAKES NO WARRANTY, REPRESENTATION, COVENANT, OR GUARANTEE WHATSOEVER, EXPRESS OR IMPLIED:
  6. AS TO THE VALUE, QUALITY, TIMELINESS, USEFULNESS, RELIABILITY, SECURITY, SUITABILITY, TRUTHFULNESS, OR COMPLETENESS OF RTA, THE SERVICES, THE INFORMATION, OR THE CONTENT;
  7. THAT RTA WILL OPERATE UNINTERRUPTED OR ERROR-FREE;
  • THAT RTA, THE SERVICES, THE INFORMATION, OR THE CONTENT WILL MEET YOUR NEEDS OR EXPECTATIONS;
  1. AS TO THE QUALITY OR VALUE OF ANY OF RTA’S PRODUCTS, SERVICES, CONTENT, INFORMATION, OR OTHER MATERIAL YOU PURCHASE OR OBTAIN VIA THE WEBSITE; OR
  2. THAT ANY ERRORS ON RTA WILL BE CORRECTED.
  3. THAT ANY ATTORNEY-CLIENT RELATIONSHIP HAS FORMED UNLESS FORMALIZED IN A SIGNED RETAINER AGREEMENT.
  4. Limitation of Liability
  5. To the extent permitted by law, RTA shall have no liability, relating to Your use of (or connection to) RTA, for:
  6. consequential, incidental, exemplary, actual, special, or punitive damages even if advised of the possibility of such;
  7. loss of business, profits, business information, or business interruption, or any other pecuniary loss; or
  • for direct damages, actually proven, exceeding $1,000.00 USD. This limitation shall be enforced even if it causes an exclusive remedy to fail of its essential purpose.
  1. ANY ISSUE YOU MAY HAVE SHALL BE SETTLED BY ARBITRATION ON AN INDIVIDUAL BASIS WITH AN ARBITRATOR IN FLORIDA. YOU EXPRESSLY WAIVE THE RIGHT TO SUE AS A CLASS ACTION AGAINST RTA, STEFAN COLEMAN, or the COLEMAN, PLLC OR ANY OF ITS AFFILIATES OR MEMBERS.  ANY CLAIM THAT CAN BE BROUGHT MUST BE BROUGHT FROM ONE (1) YEAR AFTER THE CLAIM OR CAUSE OF ACTION AROSE OR WILL BE FOREVER BARRED.
  2. RTA reserves the right, at any time, in RTA’s sole and exclusive discretion, to amend, modify, suspend, or terminate RTA, any services, information or content, or any part thereof, and/or Your use of or access to them, with or without notice. RTA shall have no liability to You or any other person or entity for any modification, suspension, or termination, or any loss of related information.
  3. In the event of any failure of the RTA mobile application available through the Apple App Store, You may notify Apple, and Apple may refund the fees paid to You. However, to the maximum extent permitted by applicable law, Apple will have no other obligation whatsoever with respect to RTA mobile application.
  4. Indemnification
  5. You agree to defend, indemnify, and hold RTA, its officers, directors, employees, agents, affiliates, licensors, and suppliers, harmless from and against any claims, actions or demands, liabilities and settlements including without limitation, reasonable legal and related fees and expenses, resulting from, or alleged to result from, Your violation of these Terms or Your use of RTA.
  6. RTA reserves the right to assume exclusive control of its defense in any matter subject to Your indemnification, which shall not excuse Your obligation to indemnify RTA. You shall not settle any dispute subject to Your indemnification under these Terms without written consent from RTA.
  7. Choice of Law
  8. If You are a citizen or resident of the United States or elsewhere, the law of the Florida controls. This choice of law section shall not interfere with the agreement to arbitrate section.
  9. The United Nations Convention on Contracts for the International Sale of Goods shall have no applicability.
  10. Agreement to Arbitrate

Please read this carefully. It affects your rights.

  1. Disputes Subject to Arbitration. RTA and You agree to arbitrate all disputes and claims between us, including, but not limited to:
  • claims arising out of or relating to any aspect of the relationship between us or a 3​rd party affiliated, associated, or referred to from us, whether based in contract, tort, statute, fraud, misrepresentation or any other legal theory;
  • claims that arose before this or any prior agreement between us (including, but not limited to, claims relating to advertising or disclosures); and
  • claims that may arise after the termination of this agreement.
  • claims arising in any way affiliated with your use or expectations of RTA.

Any dispute as to the arbitrability of claims or the scope or enforceability of this arbitration provision, or as to the interpretation of paragraph (19)(e) below, is for the court to decide. These Terms evidence a transaction in interstate commerce, and thus the Federal Arbitration Act governs the interpretation and enforcement of this provision. This arbitration provision shall survive termination of the agreement between us.

  1. Starting the Dispute-Resolution Process. A party who intends to seek arbitration must first send to the other, by certified mail, a written Notice of Dispute (“Notice”). The Notice to RTA should be addressed to: ​ General Counsel, Coleman PLLC, 66 West Flagler Street, Unit 900, Miami, FL 33130 (“Notice Address”). The Notice must (a) provide Your mailing address, phone number, and account name (if any); (b) describe the nature and basis of the claim or dispute; and (c) set forth the specific relief sought (“Demand”). If RTA and you do not reach an agreement to resolve the claim within 45 days after the Notice is received, You or RTA may commence an arbitration proceeding with the American Arbitration Association (“AAA”).
  2. Costs of Arbitration. RTA will pay all AAA filing, administration, and arbitrator fees for any arbitration we initiate. The payment of those fees for any arbitration that You initiate will be governed by the AAA Rules. The filing fee currently is $125 for claims for up to $10,000 in damages, but is subject to change by the AAA. However, if you initiate an arbitration in accordance with the notice requirements of paragraph (18)(b) and are seeking relief valued at $300 or less (both to You and us), RTA will pay all AAA filing, administration, and arbitrator fees. If your claim is for greater than $300 but less than $10,000, RTA will pay all such fees in excess of $20. After RTA receives notice at the Notice Address that You have commenced such an arbitration, RTA will promptly reimburse you for any portion of the filing fee that you paid that RTA has agreed to pay.

If the arbitrator finds that either the substance of Your claim or the relief sought in the Demand is frivolous or brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)), then the payment of all AAA filing, administration, and arbitrator fees shall be governed by the AAA Rules, and You agree to reimburse us for any amounts we have paid on Your behalf to the AAA.

  1. Arbitration Procedures. The arbitrator shall be bound by the terms of this arbitration provision. The arbitration will be governed by the Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes (collectively, “AAA Rules”) of the AAA, as modified by this arbitration provision. The AAA Rules are available online at www.adr.org, by calling the AAA at 1-800-778-7879, or by writing to the Notice Address. The AAA shall administer the arbitration. If the AAA is unavailable, the arbitration will be administered by another arbitration provider that the parties agree to or that the court selects.

Unless RTA and You agree otherwise, any arbitration hearings will take place in the county (or parish) of Your residence at the time of the filing of the Demand. If you bring a claim for $10,000 or less, we agree that You may choose whether the arbitration will be conducted solely on the basis of documents submitted to the arbitrator, through a telephonic hearing, or by an in-person hearing as established by the AAA Rules. If Your claim exceeds $10,000, the right to a hearing will be determined by the AAA Rules.

Arbitrators may consider but shall not be bound by rulings in prior arbitrations involving different customers. Arbitrators shall be bound by rulings in prior arbitrations involving the same customer to the extent required by applicable law.

Unless the parties agree otherwise, You and we must bring all directly related claims in a single arbitration proceeding. If You or we later initiate a subsequent arbitration asserting claims that are directly related to ones that were raised in a prior arbitration between the same parties, the AAA or the arbitrator shall either (i) consolidate the subsequent arbitration with the earlier proceeding if it is ongoing or (ii) dismiss any claims raised in the subsequent arbitration that would be barred by applicable law if brought in court.

Regardless of the manner in which the arbitration is conducted, the arbitrator shall issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the award is based. Although under some laws RTA may have a right to an award of attorneys’ fees and expenses if it prevails in an arbitration,

RTA agrees that it will not seek such an award unless You are represented by an attorney and the arbitrator has determined that Your claim is frivolous or brought for an improper purpose (as measured by the standards of Federal Rule of Civil Procedure 11(b)).

  1. PROHIBITION OF CLASS OR REPRESENTATIVE ACTIONS AND NON-INDIVIDUALIZE RELIEF: YOU AND RTA AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF, CLASS MEMBER, OR PARTICIPANT IN ANY PURPORTED CLASS, REPRESENTATIVE, OR PRIVATE ATTORNEY GENERAL PROCEEDING. Further, unless both You and RTA agree otherwise, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a class, representative, or private attorney general proceeding. The arbitrator may award any relief that a court could award, so long as the relief is individualized to the claimant and would not affect other RTA users. Neither You nor we may seek non-individualized relief that would affect other RTA users. If a court decides that applicable law precludes enforcement of any of this paragraph’s limitations as to a particular claim for relief, then that claim (and only that claim) must be severed from the arbitration and may be brought in court. This arbitration agreement shall be binding on you and shall apply to any third party, affiliate, successor, or any referred law firm that you may work with from RTA
  2. Future Changes to Agreement to Arbitrate. Notwithstanding any provision in these Terms to the contrary, we agree that if RTA makes any future change to this arbitration provision (other than a change to the Notice Address, website links, or telephone numbers listed in this provision), any such changes will not affect disputes that arose before the effective date of the change.
  3. Megan’s Law Disclaimer

Informational Only. The Company and the government agencies that provide this data have not considered or assessed the specific risk that any convicted sex offender displayed in a search of the Content will commit another offense, or the nature of any future crimes that may be committed.

Legal Limits on Disclosures. Under some state’s laws, certain registered sex offenders are not subject to public disclosure, so they are not included in sex offender databases. Offenses other than the crimes for which the convicted sex offender is required to register are generally not included in sex offender databases, so the Content may not reflect the entire criminal history of a particular individual.

Mistaken Identities. Extreme care must be taken in the use of information because mistaken identification may occur when relying solely upon name, age, and address to identify individuals.

Errors and Omissions. Sex offender data is compiled from reports by local law enforcement. Much of that information is gathered from persons who are required to register as sex offenders and to provide, at least once a year, their addresses and other information to local law enforcement. Because information can change quickly, and there may be gaps in data received, we make no representation, either express or implied, that the information on this site is complete or accurate. RTA shall not be held responsible for any errors or omissions in the Content, or produced by secondary dissemination of this information.

Notice of Corrections. If you believe that any sex offender information provided by the Services is in error, please contact the appropriate police or sheriff’s department, or contact the Department of Justice. See http://NSOPW.gov for more information.

Legal and Illegal Uses. The information in the Content is made available solely to protect the public. In some states, it is illegal to use information obtained through public records to commit a crime against a registered sex offender or to engage in discrimination or harassment against a registered sex offender. Criminal misuse of this information may subject the person who misuses it to a sentence enhancement, in addition to the punishment for the crime committed.

  1. California Consumer Notice

Under California Civil Code Section 1789.3, if you are a California resident, you are entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 North Market Blvd., Suite N 112, 95834, or by telephone at (916) 445-1254 or (800) 952-5210.

  1. Attorney Ethics Notice

THIS SITE MAY CONTAIN ADVERTISING MATERIAL OR LAWYER ADVERTISEMENTS

Some jurisdictions may consider the Site to be a form of advertising for legal services and as such may require specific disclosures. Please read the following carefully:

THIS IS AN ADVERTISEMENT. The determination of the need for legal services and the choice of a lawyer are extremely important decisions and should not be based solely upon advertisements. Anyone considering a lawyer should independently investigate the lawyer’s credentials and ability, and not rely upon advertisements or self-proclaimed expertise. Hiring a lawyer is an important process that should not be based solely upon advertisements.

The attorney responsible for the content of the Site but not the user postings is Stefan Coleman of the law firm of the Coleman, PLLC 201 S. Biscayne Blvd, 28th Floor, Miami FL 33131.  Stefan Coleman is licensed to practice in New York, New Jersey, and Florida and other Federal jurisdictions around the country such as Illinois, Colorado, Nebraska, and Wisconsin.

The Coleman, PLLC does not operate as a lawyer-advertising cooperative, lawyer referral service, prepaid legal insurance provider, or similar organization the business or activities of which include the referral of customers, members, or beneficiaries to lawyers for the performance of fee-generating legal services or the payment for or provision of legal services to the customers, members, or beneficiaries in matters for which they do not bear ultimate responsibility.

Before you decide to hire any of the Law Firms, ask them to send you free written information about their qualifications and experience. Additional information about the lawyers or firms may also be obtained by contacting the Bar Association in the State in which such lawyers or law firms are licensed.

No representation is made that the quality of the legal services to be performed is greater than the quality of legal services performed by other lawyers. Memberships and offices in legal fraternities and legal societies, technical and professional licenses, and memberships in scientific, technical and professional associations and societies of law or fields of practice do not mean that a lawyer is a specialist, expert, authority or is certified in a particular field of law, nor do such memberships or licenses mean that such a lawyer is more expert or competent than any other lawyer.

A description or indication of limitation of practice does not mean that any agency or board has certified such lawyer as a specialist, expert or authority in an indicated field of law practice, nor does it mean that such lawyer is more expert or competent than any other lawyer. We urge all potential clients to make their own independent investigation and evaluation of any lawyer being considered.

While Stefan Coleman is a licensed attorney and in good standing with the Florida bar, Stefan Coleman is not certified by the Florida Bar Board of Legal Specialization and Education, the Texas Board of Legal Specialization (“Not Certified by the Texas Board of Legal Specialization”), or any other entity or body.

ADDITIONAL STATE SPECIFIC DISCLOSURES:

Alabama

You are advised that no representation is made that the quality of the legal services to be performed is greater than the quality of legal services performed by other lawyers.

Florida

The hiring of a lawyer is an important decision that should not be based solely upon advertisements. Before you decide, ask us to send you free written information about our qualifications and experience.

Illinois

The Supreme Court of Illinois does not recognize certifications of specialties in the practice of law and that the certificate, award or recognition is not a requirement to practice law in Illinois.

Kentucky

THIS IS AN ADVERTISEMENT.

Mississippi

FREE BACKGROUND INFORMATION IS AVAILABLE UPON REQUEST

Missouri

ADVERTISING MATERIAL: COMMERCIAL SOLICITATIONS ARE PERMITTED BY THE MISSOURI RULES OF PROFESSIONAL CONDUCT BUT ARE NEITHER SUBMITTED TO NOR APPROVED BY THE MISSOURI BAR OR THE SUPREME COURT OF MISSOURI. Neither the Supreme Court of Missouri nor the Missouri Bar reviews or approves certifying organizations or specialist designations.

New Jersey

Any certification as a specialist, or any certification in a field of practice, that does not state that such certification has been granted by the Supreme Court of New Jersey or by an organization that has been approved by the American Bar Association, indicates that the certifying organization has not been approved, or has been denied approval, by the Supreme Court of New Jersey and the American Bar Association.

New Mexico

LAWYER ADVERTISEMENT

Any certification by an organization other than the New Mexico Board of Legal Specialization does not constitute recognition by the New Mexico Board of Legal Specialization, unless the lawyer is also recognized by the board as a specialist in that area of law.

New York

Prior results do not guarantee a similar outcome.

Wyoming

The Wyoming State Bar does not certify any lawyer as a specialist or expert. Anyone considering a lawyer should independently investigate the lawyer’s credentials and ability, and not rely upon advertisements or self-proclaimed expertise.

Within the Site, we may include descriptions of successful lawsuits. These descriptions are not meant to create any unjustified expectations that similar results can be obtained for others, for each case turns on its own specific factual and legal circumstances. No attorney can guarantee the success of a case and past successes even in very similar lawsuits do not mean that success in a subsequent case is guaranteed or even likely. Past success cannot be an assurance of future success because each case must be decided on its own merits. Results depend upon a variety of factors unique to each case.

The material on this site is not intended to, and does not, include any advertisements for legal services that contain testimonials or endorsements. This site is intended to provide useful, factual information presented in a non-sensational, objective and understandable manner. The images and pictures on this site are not meant to represent or depict actual persons or events, but rather are merely provided for illustrative purposes only.

This Site is not intended for the purpose of advertising legal services to be performed in any state solely by the Law Firms, unless they are specifically licensed to practice in that respective State.

To the extent that this Site does not comply with the laws or regulations of any jurisdiction in which it may be received, the Law Firms do not wish to, and will not knowingly, accept legal representation based on or resulting from the use of the Site from a person located in that jurisdiction. None of the Law Firms wish to, or knowingly will, accept legal representation based on or resulting from the use of the Site from a person located outside the United States.

  1. Entire Agreement
  2. These Terms and any RTA policies posted on RTA constitute the entire contract between You and RTA and supersede all previous written or oral contracts. If any part of the Terms is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect. Any failure by us to enforce any term of the Terms shall not affect our right to require performance at any subsequent time, nor shall the waiver by us of any breach by you of any provisions of these terms be taken to be a waiver of the provision or provisions itself.

RTA is not a consumer reporting agency as defined by the Fair Credit Reporting Act (FCRA). Do not use this site to make decisions about employment, tenant screening, or any purpose covered by the FCRA.

PRIVACY POLICY

Last updated July 13, 2023

We are committed to protecting your personal information and your right to privacy. If you have any questions or concerns about our policy, or our practices with regards to your personal information, please contact us at support@ReportTelemarketer.com.

When you visit our and use our services, you trust us with your personal information. We take your privacy very seriously. In this privacy policy, we seek to explain to you in the clearest way possible what information we collect, how we use it and what rights you have in relation to it. We hope you take some time to read through it carefully, as it is important. If there are any terms in this privacy policy that you do not agree with, please discontinue use of our and our services.

This privacy policy applies to all information collected through our and/or any related services, sales, marketing or events (we refer to them collectively in this privacy policy as the “Services“).

Please read this privacy policy carefully as it will help you make informed decisions about sharing your personal information with us.

 

TABLE OF CONTENTS

  1. WHAT INFORMATION DO WE COLLECT?
  2. WILL YOUR INFORMATION BE SHARED WITH ANYONE?
  3. DO WE USE COOKIES AND OTHER TRACKING TECHNOLOGIES?
  4. HOW DO WE HANDLE YOUR SOCIAL LOGINS?
  5. IS YOUR INFORMATION TRANSFERRED INTERNATIONALLY?
  6. WHAT IS OUR STANCE ON THIRD-PARTY WEBSITES?
  7. HOW LONG DO WE KEEP YOUR INFORMATION?
  8. DO WE COLLECT INFORMATION FROM MINORS?
  9. WHAT ARE YOUR PRIVACY RIGHTS?
  10. CONTROLS FOR DO-NOT-TRACK FEATURES
  11. DO CALIFORNIA RESIDENTS HAVE SPECIFIC PRIVACY RIGHTS?
  12. DO WE MAKE UPDATES TO THIS POLICY?
  13. HOW CAN YOU CONTACT US ABOUT THIS POLICY?

 

  1. WHAT INFORMATION DO WE COLLECT?

 

Personal information you disclose to us

In Short:  We collect personal information that you provide to us.

We collect personal information that you voluntarily provide to us when submitting a report or comment or when participating in activities or otherwise contacting us.

The personal information that we collect depends on the context of your interactions with us and the choices you make and the products and features you use. The personal information we collect can include the following:

Social Media Login Data. We may provide you with the option to register using social media account details, like your Facebook, Twitter or other social media account. If you choose to register in this way, we will collect the Information described in the section called “HOW DO WE HANDLE YOUR SOCIAL LOGINS” below.

All personal information that you provide to us must be true, complete and accurate, and you must notify us of any changes to such personal information.


Information automatically collected

In Short:   Some information — such as IP address and/or browser and device characteristics — is collected automatically when you visit our website or app.

We automatically collect certain information when you visit, use or navigate the website. This information does not reveal your specific identity (like your name or contact information) but may include device and usage information, such as your IP address, browser and device characteristics, operating system, language preferences, referring URLs, device name, country, location, information about how and when you use our and other technical information, and other information. This information is primarily needed to maintain the security and operation of our site, and for our internal analytics and reporting purposes.

Like many businesses, we also collect information through cookies and similar technologies.

If you post a report on our Site and provide us with your name, email, phone, we will keep your email and phone number private but may publish your name, the spammer’s phone number, the spam text message or telemarketing call or the details you report, and the date you reported the spam.  We may also record your actions on the site, mouse movements, page scrolls, as well as information to help understand how users use the site so we can improve the user experience.  We may also track email opens rates, IP address information, and link-tracking to help improve customer service and the user experience. We may from time to time record your calls for our note-taking purposes. We may disclose all of the information you provide us to our law firm to help contact you in the event we are interested in representing you in your claim against the spammer.

  1. WILL YOUR INFORMATION BE SHARED WITH ANYONE?

In Short:  We only share information with your consent, to comply with laws, to provide you with services, to protect your rights, or to fulfill business obligations.

We may process or share data based on the following legal basis:

  • Consent: We may process your data if you have given us specific consent to use your personal information in a specific purpose.
  • Legitimate Interests: We may process your data when it is reasonably necessary to achieve our legitimate business interests.
  • Performance of a Contract: Where we have entered into a contract with you, we may process your personal information to fulfill the terms of our contract.
  • Legal Obligations: We may disclose your information where we are legally required to do so in order to comply with applicable law, governmental requests, a judicial proceeding, court order, or legal process, such as in response to a court order or a subpoena (including in response to public authorities to meet national security or law enforcement requirements).
  • Vital Interests: We may disclose your information where we believe it is necessary to investigate, prevent, or take action regarding potential violations of our policies, suspected fraud, situations involving potential threats to the safety of any person and illegal activities, or as evidence in litigation in which we are involved.

More specifically, we may need to process your data or share your personal information in the following situations:

  • Vendors, Consultants and Other Third-Party Service Providers. We may share your data with third party vendors, service providers, contractors or agents who perform services for us or on our behalf and require access to such information to do that work. Examples include: payment processing, data analysis, email delivery, hosting services, customer service and marketing efforts. We may allow selected third parties to use tracking technology on the site, which will enable them to collect data about how you interact with the over time. This information may be used to, among other things, analyze and track data, determine the popularity of certain content and better understand online activity. Unless described in this Policy, we do not share, sell, rent or trade any of your information with third parties for their promotional purposes.
  • Business Transfers. We may share or transfer your information in connection with, or during negotiations of, any merger, sale of company assets, financing, or acquisition of all or a portion of our business to another company.
  • Third-Party Advertisers. We may use third-party advertising companies to serve ads when you visit the . These companies may use information about your visits to our Website(s) and other websites that are contained in web cookies and other tracking technologies in order to provide advertisements about goods and services of interest to you.
  • Affiliates. We may share your information with our affiliates, in which case we will require those affiliates to honor this privacy policy. Affiliates include our parent company and any subsidiaries, joint venture partners or other companies that we control or that are under common control with us.
  • Business Partners. We may share your information with our business partners to offer you certain products, services or promotions.
  • Other Users. When you share personal information or otherwise interact with public areas of the site, such personal information may be viewed by all users and may be publicly distributed outside the in perpetuity. If you interact with other users of our and register through a social network (such as Facebook), your contacts on the social network will see your name, profile photo, and descriptions of your activity. Similarly, other users will be able to view descriptions of your activity, communicate with you within our , and view your profile.

 

  1. DO WE USE COOKIES AND OTHER TRACKING TECHNOLOGIES?

In Short:  We may use cookies and other tracking technologies to collect and store your information.

We may use cookies and similar tracking technologies (like web beacons and pixels) to access or store information. Specific information about how we use such technologies and how you can refuse certain cookies is set out in our Cookie Policy.

 

  1. HOW DO WE HANDLE YOUR SOCIAL LOGINS?

In Short:  If you choose to register or log in to our services using a social media account, we may have access to certain information about you.

Our offer you the ability to register and login using your third party social media account details (like your Facebook or Twitter logins). Where you choose to do this, we will receive certain profile information about you from your social media provider. The profile Information we receive may vary depending on the social media provider concerned, but will often include your name, e-mail address, friends list, profile picture as well as other information you choose to make public.

We will use the information we receive only for the purposes that are described in this privacy policy or that are otherwise made clear to you on the site. Please note that we do not control, and are not responsible for, other uses of your personal information by your third party social media provider. We recommend that you review their privacy policy to understand how they collect, use and share your personal information, and how you can set your privacy preferences on their sites and apps.

 

  1. IS YOUR INFORMATION TRANSFERRED INTERNATIONALLY?

In Short:  We may transfer, store, and process your information in countries other than your own.

Our servers are located in several jurisdictions. If you are accessing our from outside, please be aware that your information may be transferred to, stored, and processed by us in our facilities and by those third parties with whom we may share your personal information (see “WILL YOUR INFORMATION BE SHARED WITH ANYONE?” above), in and other countries.

If you are a resident in the European Economic Area, then these countries may not have data protection or other laws as comprehensive as those in your country. We will however take all necessary measures to protect your personal information in accordance with this privacy policy and applicable law.

 

  1. WHAT IS OUR STANCE ON THIRD-PARTY WEBSITES?

In Short:  We are not responsible for the safety of any information that you share with third-party providers who advertise, but are not affiliated with, our websites.

The may contain advertisements from third parties that are not affiliated with us and which may link to other websites, online services or mobile applications. We cannot guarantee the safety and privacy of data you provide to any third parties. Any data collected by third parties is not covered by this privacy policy. We are not responsible for the content or privacy and security practices and policies of any third parties, including other websites, services or applications that may be linked to or from the site. You should review the policies of such third parties and contact them directly to respond to your questions.

 

  1. HOW LONG DO WE KEEP YOUR INFORMATION?

In Short:  We keep your information for as long as necessary to fulfill the purposes outlined in this privacy policy unless otherwise required by law.

We will only keep your personal information for as long as it is necessary for the purposes set out in this privacy policy, unless a longer retention period is required or permitted by law (such as tax, accounting or other legal requirements).

When we have no ongoing legitimate business need to process your personal information, we will either delete or anonymize it, or, if this is not possible (for example, because your personal information has been stored in backup archives), then we will securely store your personal information and isolate it from any further processing until deletion is possible.

  1. DO WE COLLECT INFORMATION FROM MINORS?

In Short:  We do not knowingly collect data from or market to children under 18 years of age.

We do not knowingly solicit data from or market to children under 18 years of age. By using the site, you represent that you are at least 18 or that you are the parent or guardian of such a minor and consent to such minor dependent’s use of the site. If we learn that personal information from users less than 18 years of age has been collected, we will deactivate the account and take reasonable measures to promptly delete such data from our records. If you become aware of any data we have collected from children under age 18, please contact us at support@ReportTelemarketer.com.

  1. WHAT ARE YOUR PRIVACY RIGHTS?

In Short:  You may review, change, or terminate your account at any time.

If you are resident in the European Economic Area and you believe we are unlawfully processing your personal information, you also have the right to complain to your local data protection supervisory authority. You can find their contact details here: http://ec.europa.eu/justice/data-protection/bodies/authorities/index_en.htm.

 

Account Information

If you would at any time like to review or change the information in your account or terminate your account, you can:

Upon your request to terminate your account, we will deactivate or delete your account and information from our active databases. However, some information may be retained in our files to prevent fraud, troubleshoot problems, assist with any investigations, enforce our Terms of Use and/or comply with legal requirements.

Opting out of email marketing: You can unsubscribe from our marketing email list at any time by clicking on the unsubscribe link in the emails that we send or by contacting us using the details provided below. You will then be removed from the marketing email list – however, we will still need to send you service-related emails that are necessary for the administration and use of your account. To otherwise opt-out, you may write us at support-@ReportTelemarketer.com.

  1. CONTROLS FOR DO-NOT-TRACK FEATURES

Most web browsers and some mobile operating systems and mobile applications include a Do-Not-Track (“DNT”) feature or setting you can activate to signal your privacy preference not to have data about your online browsing activities monitored and collected. No uniform technology standard for recognizing and implementing DNT signals has been finalized. As such, we do not currently respond to DNT browser signals or any other mechanism that automatically communicates your choice not to be tracked online. If a standard for online tracking is adopted that we must follow in the future, we will inform you about that practice in a revised version of this privacy policy.

 

  1. DO CALIFORNIA RESIDENTS HAVE SPECIFIC PRIVACY RIGHTS?

In Short:  Yes, if you are a resident of California, you are granted specific rights regarding access to your personal information.

California Civil Code Section 1798.83, also known as the “Shine The Light” law, permits our users who are California residents to request and obtain from us, once a year and free of charge, information about categories of personal information (if any) we disclosed to third parties for direct marketing purposes and the names and addresses of all third parties with which we shared personal information in the immediately preceding calendar year. If you are a California resident and would like to make such a request, please submit your request in writing to us using the contact information provided below.

If you are under 18 years of age, reside in California, and have a registered account with the site, you have the right to request removal of unwanted data that you publicly post on the . To request removal of such data, please contact us using the contact information provided below, and include the email address associated with your account and a statement that you reside in California. We will make sure the data is not publicly displayed on the site, but please be aware that the data may not be completely or comprehensively removed from our systems.

  1. DO WE MAKE UPDATES TO THIS POLICY?

In Short:  Yes, we will update this policy as necessary to stay compliant with relevant laws.

We may update this privacy policy from time to time. The updated version will be indicated by an updated “Revised” date and the updated version will be effective as soon as it is accessible. If we make material changes to this privacy policy, we may notify you either by prominently posting a notice of such changes or by directly sending you a notification. We encourage you to review this privacy policy frequently to be informed of how we are protecting your information.

  1. HOW CAN YOU CONTACT US ABOUT THIS POLICY?

If you have questions or comments about this policy, you may email us at support@ReportTelemarketer.com.

HOW CAN YOU REVIEW, UPDATE, OR DELETE THE DATA WE COLLECT FROM YOU?

Based on the laws of some countries, you may have the right to request access to the personal information we collect from you, change that information, or delete it in some circumstances. To request to review, update, or delete your personal information, please submit a request to support@ReportTelemarketer.com. We will try to respond to your request within 30 days.

COOKIE POLICY

Last updated July 13, 2023

This Cookie Policy explains how ReportTelemarketer.com (“Company“, “we“, “us“, and “our“) uses cookies and similar technologies to recognize you when you visit our websites at http://ReportTelemarketer.com/, (“Websites“). It explains what these technologies are and why we use them, as well as your rights to control our use of them.

In some cases we may use cookies to collect personal information, or that becomes personal information if we combine it with other information.

What are cookies?

Cookies are small data files that are placed on your computer or mobile device when you visit a website. Cookies are widely used by website owners in order to make their websites work, or to work more efficiently, as well as to provide reporting information.

Cookies set by the website owner (in this case, ReportTelemarketer.com) are called “first party cookies”. Cookies set by parties other than the website owner are called “third party cookies”. Third party cookies enable third party features or functionality to be provided on or through the website (e.g. like advertising, interactive content and analytics). The parties that set these third party cookies can recognize your computer both when it visits the website in question and also when it visits certain other websites.

Why do we use cookies?

We use first and third party cookies for several reasons. Some cookies are required for technical reasons in order for our Websites to operate, and we refer to these as “essential” or “strictly necessary” cookies. Other cookies also enable us to track and target the interests of our users to enhance the experience on our Online Properties. Third parties serve cookies through our Websites for advertising, analytics and other purposes. This is described in more detail below.

The specific types of first and third party cookies served through our Websites and the purposes they perform are described below (please note that the specific cookies served may vary depending on the specific Online Properties you visit):

How can I control cookies?

You have the right to decide whether to accept or reject cookies. You can exercise your cookie rights by setting your preferences in the Cookie Consent Manager. The Cookie Consent Manager allows you to select which categories of cookies you accept or reject. Essential cookies cannot be rejected as they are strictly necessary to provide you with services.

The Cookie Consent Manager can be found in the notification banner and on our website. If you choose to reject cookies, you may still use our website though your access to some functionality and areas of our website may be restricted. You may also set or amend your web browser controls to accept or refuse cookies. As the means by which you can refuse cookies through your web browser controls vary from browser-to-browser, you should visit your browser’s help menu for more information.

In addition, most advertising networks offer you a way to opt out of targeted advertising. If you would like to find out more information, please visit http://www.aboutads.info/choices/ or http://www.youronlinechoices.com.

The specific types of first and third party cookies served through our Websites and the purposes they perform are described in the table below (please note that the specific cookies served may vary depending on the specific Online Properties you visit):

Essential website cookies:

These cookies are strictly necessary to provide you with services available through our Websites and to use some of its features, such as access to secure areas.

Name: __tlbcpv
Purpose: Used to record the cookie consent preferences of visitors
Provider: .termly.io
Service: Termly View Service Privacy Policy
Country: United States
Type: http_cookie
Expires in: 20 years
Name: __tltpl_#
Purpose: Used to record the policies that visitors consent to
Provider: .termly.io
Service: Termly View Service Privacy Policy
Country: United States
Type: http_cookie
Expires in: 20 years

 

Name: __tluid
Purpose: Assigns a random ID number to each visitor so that their policy consent and cookie consent preferences can be saved.
Provider: .termly.io
Service: Termly View Service Privacy Policy
Country: United States
Type: http_cookie
Expires in: 20 years


Analytics and customization cookies:

These cookies collect information that is used either in aggregate form to help us understand how our Websites are being used or how effective our marketing campaigns are, or to help us customize our Websites for you.

Name: __utma#
Purpose: Used by Google Analytics to record the number of times a visitor accessed the website as well as the dates for the first and recent visit. It is a HTTP cookie and expires in 2 years.
Provider: .ReportTelemarketer.com
Service: Google Analytics View Service Privacy Policy
Country: United States
Type: http_cookie
Expires in: 1 year 12 months 4 days
Name: __utmb#
Purpose: Used by Google analytics to compute the duration a website is visited using the exact time that a user accesses a website. This is a HTTP cookie that expires after the session.
Provider: .ReportTelemarketer.com
Service: Google Analytics View Service Privacy Policy
Country: United States
Type: http_cookie
Expires in: 30 minutes

 

Name: __utmt#
Purpose: Used to control the speed of requests to the website’s server. Expires after the session and is a HTTP type cookie.
Provider: .ReportTelemarketer.com
Service: Google Analytics View Service Privacy Policy
Country: United States
Type: http_cookie
Expires in: 10 minutes
Name: css.php
Purpose: __________
Provider: ReportTelemarketer.com
Service: __________
Country: United States
Type: pixel_tracker
Expires in: session

 

Name: #__utm.gif
Purpose: Logs the details about the visitor’s computer and browser using Google Analytics Tracking Code. The cookie is a pixel tracker type and is only active during the browsing session.
Provider: ReportTelemarketer.com
Service: Google Analytics View Service Privacy Policy
Country: United States
Type: http_cookie
Expires in: session
Name: __utmc#
Purpose: The cookie registers the timestamp a user leaves a website to help calculate the duration of time spent on it using Google Analytics. The cookie activity lasts during the browsing session. It is a HTTP cookie type.
Provider: .ReportTelemarketer.com
Service: Google Analytics View Service Privacy Policy
Country: United States
Type: http_cookie
Expires in: session

 

Name: __utmz#
Purpose: Uses Google Analytics to gather location details for the website visitors, the clicked link, the search term, and the search engine that was used. This cookie is a HTTP type that lasts for 6 months.
Provider: .ReportTelemarketer.com
Service: Google Analytics View Service Privacy Policy
Country: United States
Type: http_cookie
Expires in: 6 months 2 days


Advertising cookies:

These cookies are used to make advertising messages more relevant to you. They perform functions like preventing the same ad from continuously reappearing, ensuring that ads are properly displayed for advertisers, and in some cases selecting advertisements that are based on your interests.

Name: ga-audiences
Purpose: Used by Google AdWords to re-engage visitors that are likely to convert to customers based on the visitor’s online behaviour across websites
Provider: ReportTelemarketer.com
Service: AdWords View Service Privacy Policy
Country: United States
Type: http_cookie
Expires in: session


Unclassified cookies:

These are cookies that have not yet been categorized. We are in the process of classifying these cookies with the help of their providers.

Name: dcbc3b62b12ec944abe24ce5d4d55071
Purpose: __________
Provider: ReportTelemarketer.com
Service: __________
Country: United States
Type: server_cookie
Expires in: 7 days

 

What about other tracking technologies, like web beacons?

 

Cookies are not the only way to recognize or track visitors to a website. We may use other, similar technologies from time to time, like web beacons (sometimes called “tracking pixels” or “clear gifs”). These are tiny graphics files that contain a unique identifier that enable us to recognize when someone has visited our Websites or opened an e-mail including them. This allows us, for example, to monitor the traffic patterns of users from one page within a website to another, to deliver or communicate with cookies, to understand whether you have come to the website from an online advertisement displayed on a third-party website, to improve site performance, and to measure the success of e-mail marketing campaigns. In many instances, these technologies are reliant on cookies to function properly, and so declining cookies will impair their functioning.

 

Do you use Flash cookies or Local Shared Objects?

 

Websites may also use so-called “Flash Cookies” (also known as Local Shared Objects or “LSOs”) to, among other things, collect and store information about your use of our services, fraud prevention and for other site operations.

 

If you do not want Flash Cookies stored on your computer, you can adjust the settings of your Flash player to block Flash Cookies storage using the tools contained in the Website Storage Settings Panel. You can also control Flash Cookies by going to the Global Storage Settings Panel and following the instructions (which may include instructions that explain, for example, how to delete existing Flash Cookies (referred to “information” on the Macromedia site), how to prevent Flash LSOs from being placed on your computer without your being asked, and (for Flash Player 8 and later) how to block Flash Cookies that are not being delivered by the operator of the page you are on at the time).

Please note that setting the Flash Player to restrict or limit acceptance of Flash Cookies may reduce or impede the functionality of some Flash applications, including, potentially, Flash applications used in connection with our services or online content.

Do you serve targeted advertising?

Third parties may serve cookies on your computer or mobile device to serve advertising through our Websites. These companies may use information about your visits to this and other websites in order to provide relevant advertisements about goods and services that you may be interested in. They may also employ technology that is used to measure the effectiveness of advertisements. This can be accomplished by them using cookies or web beacons to collect information about your visits to this and other sites in order to provide relevant advertisements about goods and services of potential interest to you. The information collected through this process does not enable us or them to identify your name, contact details or other details that directly identify you unless you choose to provide these.

How often will you update this Cookie Policy?

We may update this Cookie Policy from time to time in order to reflect, for example, changes to the cookies we use or for other operational, legal or regulatory reasons. Please therefore re-visit this Cookie Policy regularly to stay informed about our use of cookies and related technologies.

The date at the top of this Cookie Policy indicates when it was last updated.

Where can I get further information?

If you have any questions about our use of cookies or other technologies, please email us at support@ReportTelemarketer.com or by post to:

ReportTelemarketer.com

66 West Flagler Street, Unit 900, Miami, FL 33130

(877) 333-9427

 

Cookie Policy

This Cookie Policy explains how ReportTelemarketer.com (“Company“, “we“, “us“, and “our“) uses cookies and similar technologies to recognize you when you visit our websites at http://ReportTelemarketer.com/, (“Websites“). It explains what these technologies are and why we use them, as well as your rights to control our use of them.

In some cases we may use cookies to collect personal information, or that becomes personal information if we combine it with other information.

What are cookies?

Cookies are small data files that are placed on your computer or mobile device when you visit a website. Cookies are widely used by website owners in order to make their websites work, or to work more efficiently, as well as to provide reporting information.

Cookies set by the website owner (in this case, ReportTelemarketer.com) are called “first party cookies”. Cookies set by parties other than the website owner are called “third party cookies”. Third party cookies enable third party features or functionality to be provided on or through the website (e.g. like advertising, interactive content and analytics). The parties that set these third party cookies can recognize your computer both when it visits the website in question and also when it visits certain other websites.

Why do we use cookies?

We use first and third party cookies for several reasons. Some cookies are required for technical reasons in order for our Websites to operate, and we refer to these as “essential” or “strictly necessary” cookies. Other cookies also enable us to track and target the interests of our users to enhance the experience on our Online Properties. Third parties serve cookies through our Websites for advertising, analytics and other purposes. This is described in more detail below.

The specific types of first and third party cookies served through our Websites and the purposes they perform are described below (please note that the specific cookies served may vary depending on the specific Online Properties you visit):

How can I control cookies?

You have the right to decide whether to accept or reject cookies. You can exercise your cookie rights by setting your preferences in the Cookie Consent Manager. The Cookie Consent Manager allows you to select which categories of cookies you accept or reject. Essential cookies cannot be rejected as they are strictly necessary to provide you with services.

The Cookie Consent Manager can be found in the notification banner and on our website. If you choose to reject cookies, you may still use our website though your access to some functionality and areas of our website may be restricted. You may also set or amend your web browser controls to accept or refuse cookies. As the means by which you can refuse cookies through your web browser controls vary from browser-to-browser, you should visit your browser’s help menu for more information.

In addition, most advertising networks offer you a way to opt out of targeted advertising. If you would like to find out more information, please visit http://www.aboutads.info/choices/ or http://www.youronlinechoices.com.

The specific types of first and third party cookies served through our Websites and the purposes they perform are described in the table below (please note that the specific cookies served may vary depending on the specific Online Properties you visit):

Essential website cookies:

These cookies are strictly necessary to provide you with services available through our Websites and to use some of its features, such as access to secure areas.

Name: __tlbcpv
Purpose: Used to record the cookie consent preferences of visitors
Provider: .termly.io
Service: Termly View Service Privacy Policy
Country: United States
Type: http_cookie
Expires in: 20 years
Name: __tltpl_#
Purpose: Used to record the policies that visitors consent to
Provider: .termly.io
Service: Termly View Service Privacy Policy
Country: United States
Type: http_cookie
Expires in: 20 years

 

Name: __tluid
Purpose: Assigns a random ID number to each visitor so that their policy consent and cookie consent preferences can be saved.
Provider: .termly.io
Service: Termly View Service Privacy Policy
Country: United States
Type: http_cookie
Expires in: 20 years


Analytics and customization cookies:

These cookies collect information that is used either in aggregate form to help us understand how our Websites are being used or how effective our marketing campaigns are, or to help us customize our Websites for you.

Name: __utma#
Purpose: Used by Google Analytics to record the number of times a visitor accessed the website as well as the dates for the first and recent visit. It is a HTTP cookie and expires in 2 years.
Provider: .ReportTelemarketer.com
Service: Google Analytics View Service Privacy Policy
Country: United States
Type: http_cookie
Expires in: 1 year 12 months 4 days
Name: __utmb#
Purpose: Used by Google analytics to compute the duration a website is visited using the exact time that a user accesses a website. This is a HTTP cookie that expires after the session.
Provider: .ReportTelemarketer.com
Service: Google Analytics View Service Privacy Policy
Country: United States
Type: http_cookie
Expires in: 30 minutes

 

Name: __utmt#
Purpose: Used to control the speed of requests to the website’s server. Expires after the session and is a HTTP type cookie.
Provider: .ReportTelemarketer.com
Service: Google Analytics View Service Privacy Policy
Country: United States
Type: http_cookie
Expires in: 10 minutes
Name: css.php
Purpose: __________
Provider: ReportTelemarketer.com
Service: __________
Country: United States
Type: pixel_tracker
Expires in: session

 

Name: #__utm.gif
Purpose: Logs the details about the visitor’s computer and browser using Google Analytics Tracking Code. The cookie is a pixel tracker type and is only active during the browsing session.
Provider: ReportTelemarketer.com
Service: Google Analytics View Service Privacy Policy
Country: United States
Type: http_cookie
Expires in: session
Name: __utmc#
Purpose: The cookie registers the timestamp a user leaves a website to help calculate the duration of time spent on it using Google Analytics. The cookie activity lasts during the browsing session. It is a HTTP cookie type.
Provider: .ReportTelemarketer.com
Service: Google Analytics View Service Privacy Policy
Country: United States
Type: http_cookie
Expires in: session

 

Name: __utmz#
Purpose: Uses Google Analytics to gather location details for the website visitors, the clicked link, the search term, and the search engine that was used. This cookie is a HTTP type that lasts for 6 months.
Provider: .ReportTelemarketer.com
Service: Google Analytics View Service Privacy Policy
Country: United States
Type: http_cookie
Expires in: 6 months 2 days


Advertising cookies:

These cookies are used to make advertising messages more relevant to you. They perform functions like preventing the same ad from continuously reappearing, ensuring that ads are properly displayed for advertisers, and in some cases selecting advertisements that are based on your interests.

Name: ga-audiences
Purpose: Used by Google AdWords to re-engage visitors that are likely to convert to customers based on the visitor’s online behaviour across websites
Provider: ReportTelemarketer.com
Service: AdWords View Service Privacy Policy
Country: United States
Type: http_cookie
Expires in: session


Unclassified cookies:

These are cookies that have not yet been categorized. We are in the process of classifying these cookies with the help of their providers.

Name: dcbc3b62b12ec944abe24ce5d4d55071
Purpose: __________
Provider: ReportTelemarketer.com
Service: __________
Country: United States
Type: server_cookie
Expires in: 7 days

 

What about other tracking technologies, like web beacons?

 

Cookies are not the only way to recognize or track visitors to a website. We may use other, similar technologies from time to time, like web beacons (sometimes called “tracking pixels” or “clear gifs”). These are tiny graphics files that contain a unique identifier that enable us to recognize when someone has visited our Websites or opened an e-mail including them. This allows us, for example, to monitor the traffic patterns of users from one page within a website to another, to deliver or communicate with cookies, to understand whether you have come to the website from an online advertisement displayed on a third-party website, to improve site performance, and to measure the success of e-mail marketing campaigns. In many instances, these technologies are reliant on cookies to function properly, and so declining cookies will impair their functioning.

 

Do you use Flash cookies or Local Shared Objects?

 

Websites may also use so-called “Flash Cookies” (also known as Local Shared Objects or “LSOs”) to, among other things, collect and store information about your use of our services, fraud prevention and for other site operations.

 

If you do not want Flash Cookies stored on your computer, you can adjust the settings of your Flash player to block Flash Cookies storage using the tools contained in the Website Storage Settings Panel. You can also control Flash Cookies by going to the Global Storage Settings Panel and following the instructions (which may include instructions that explain, for example, how to delete existing Flash Cookies (referred to “information” on the Macromedia site), how to prevent Flash LSOs from being placed on your computer without your being asked, and (for Flash Player 8 and later) how to block Flash Cookies that are not being delivered by the operator of the page you are on at the time).

Please note that setting the Flash Player to restrict or limit acceptance of Flash Cookies may reduce or impede the functionality of some Flash applications, including, potentially, Flash applications used in connection with our services or online content.

Do you serve targeted advertising?

Third parties may serve cookies on your computer or mobile device to serve advertising through our Websites. These companies may use information about your visits to this and other websites in order to provide relevant advertisements about goods and services that you may be interested in. They may also employ technology that is used to measure the effectiveness of advertisements. This can be accomplished by them using cookies or web beacons to collect information about your visits to this and other sites in order to provide relevant advertisements about goods and services of potential interest to you. The information collected through this process does not enable us or them to identify your name, contact details or other details that directly identify you unless you choose to provide these.

How often will you update this Cookie Policy?

We may update this Cookie Policy from time to time in order to reflect, for example, changes to the cookies we use or for other operational, legal or regulatory reasons. Please therefore re-visit this Cookie Policy regularly to stay informed about our use of cookies and related technologies.

The date at the top of this Cookie Policy indicates when it was last updated.

Where can I get further information?

If you have any questions about our use of cookies or other technologies, please email us at support@ReportTelemarketer.com or by post to:

ReportTelemarketer.com

66 West Flagler Street, Unit 900, Miami, FL 33130

(877) 333-9427

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