Last Updated: December 2, 2025
It is the policy of StarCap Inc. and its affiliates, managers, employees, and agents (the “Company”) to comply with all laws and regulations governing consumer outreach efforts. Among these laws and regulations are the Telephone Consumer Protection Act (“TCPA”), a federal statute, and its related rules and regulations. All Company staff, personnel, and vendors must comply with all TCPA statutory rules and related regulations at all times. This policy addresses all Do-Not-Call (“DNC”) requirements and policies contained therein. It is the Company’s policy not to call numbers on the National DNC Registry for marketing purposes unless a valid exemption exists in accordance with the applicable Do Not Call regulations. SMS and MMS text messages are considered calls under the TCPA, and potentially an email if directed to a phone number.
Background
The Federal Communications Commission (“FCC”) has issued regulations that establish a national DNC registry, regulations requiring maintenance of an internal DNC list, and other related requirements pursuant to the TCPA. The FCC regulations prohibit all commercial telemarketers from calling phone numbers on the national registry, without being subject to potential financial penalties, unless the caller has prior express invitation or permission or has an established business relationship (e.g., calling in response to a consumer’s inquiry).
Failure to comply with this policy and the TCPA may result in serious consequences. The TCPA permits private litigants to recover $500 per call made in violation of its requirements. In the case of willful and knowing violations, a court may award up to three times that amount. Failure of Company staff and personnel to comply with the TCPA may also result in employment-related consequences.
Enforcement
Changes to this policy require approval by the Company’s legal counsel. Changes in operating procedures, standards, guidelines and technologies, provided they are consistent with this policy, may be authorized by the Company.
No part of this policy or its supporting operating procedures should be interpreted as contravening or superseding any other legal and regulatory requirements placed upon the Company. Protective measures should not impede other legally mandated processes such as record retention or subpoenas.
This policy is intended to outline the fundamental requirements of the TCPA and its implementing regulations regarding DNC requirements. Any questions concerning the application or interpretation of this policy and the TCPA or its implementing regulations for any planned consumer outreach should first be referred to the Company’s legal representatives.
If you suspect or know of a violation of this policy, immediately contact the Company. The Company prohibits retaliation against any staff or personnel who report a concern in good faith or participate in good faith in an investigation related to a report.
General Do-Not-Call Requirements
The TCPA provides consumers with options to avoid unwanted and unsolicited telephone solicitations and addresses, inter alia, including the national DNC registry and a required internal Company DNC list. The Company’s policy is to adhere to all these requirements:
National DNC
- Telephone solicitations can only be made between the hours of 8:00 a.m. and 9:00 p.m. (local time at the called party’s location). A “telephone solicitation” is the initiation of a call for the purpose of encouraging the purchase or rental of, or investment in, property, goods or services which is transmitted to any person, but does not include a call or message(a) to any person (i) with that person’s prior express invitation or permission or (ii) with whom the caller has an established business relationship or (b) by or on behalf of a tax-exempt nonprofit organization.
- An “established business relationship” means a prior or existing relationship formed by a voluntary two-way communication between the Company and a telephone subscriber with or without an exchange of consideration, on the basis of the subscriber’s purchase or transaction with the subsidiary within the eighteen (18) months immediately preceding the date of the telephone call or on the basis of the subscriber’s inquiry or application regarding products or services offered by the subsidiary within the three (3) months immediately preceding the date of the call, which relationship has not been previously terminated by either party.
- Absent the prior express invitation or permission or an established business relationship, no seller, or entity telemarketing on behalf of the seller, can initiate a telephone solicitation to a residential telephone or cell phone subscriber who has registered his or her telephone number on the national DNC registry.
- A safe harbor exists for an inadvertent violation of this prohibition if the telemarketer can demonstrate that the violation was an error and that its routine practices include:
- Written procedures to comply with the national DNC rules;
- Training of personnel in procedures established pursuant to the national DNC procedures;
- Maintenance of a list of telephone numbers excluded from contact (an “internal DNC”);
- Use of a version of the national DNC registry obtained no more than 31 days prior to the date any call is made (with records to document compliance); and
- Adoption of a process to ensure that it does not sell, rent, lease, purchase, or use the national DNC database in any manner except in compliance with regulations under the TCPA and any other Federal or state law to prevent contacting numbers on the national DNC.
Identification of Callers and Telemarketers
A person or entity making an artificial or prerecorded-voice telephone call or any call for telemarketing purposes must provide the called party with the name of the individual caller, the name of the person or entity on whose behalf the call is being made, and a telephone number or address at which the person or entity may be contacted. The telephone number provided may not be a 900 number or any other number for which charges exceed local or long distance transmission charges.
Internal DNC
It is the policy of the Company to ensure compliance with the TCPA’s DNC provisions. To that end, the Company is committed to implementing and maintaining procedures and training that ensure the following:
(1) Maintenance of DNC List – Company shall maintain a list of all persons who request not to receive telemarketing calls made by or on behalf of Company, either directly by its employees or through a vendor. This list may be maintained in electronic form as part of the Company’s customer management relationship system or platform.
(2) Access to List – The list shall be available to all Company employees engaged in telemarketing, either directly or through a vendor.
(3) Recording and Implementation of DNC Requests. Any Company employee engaged in telemarketing —directly or through vendors—that receives a request from a cellular or landline telephone subscriber not to receive calls from Company or its vendor must record the request and place the subscriber’s name, if provided, and telephone number on the internal DNC list within 10 days of the request being made. Company shall honor a cellular or landline subscriber’s DNC request within a reasonable time from the date such request is made by removing the subscriber from our communications. This period may not exceed ten days from the date of such request.
(4) Company Vendors – Company and its employees engaged in telemarketing shall insure that all relevant vendors are advised of the applicable DNC request.
(5) Identification of Sellers and Telemarketers. Each Company employee or vendor making a call for telemarketing purposes must provide the called party with the name of the individual caller, the name of the entity on whose behalf the call is being made, and a telephone number or address at which the person or entity may be contacted. The telephone number provided may not be a 900 number or any other number for which charges exceed local or long distance transmission charges.
(6) Application to Affiliates of Company – If requested by the consumer making the DNC request or consumer would reasonably expect them to be covered by the request, the DNC request shall be applicable to all affiliates of Company.
(7) Training of Personnel Engaged in Telemarketing – Each Company employee engaged in any aspect of telemarketing shall attend annual training on the existence and use of the internal DNC list. Company will provide such training to any new employees expected to be engaged in any aspect of telemarketing within thirty (30) days after they join the Company.
(8) Available to Consumers – Copies of this Policy shall be made available to consumers upon their request.
(9) Honoring DNC Request – A consumer’s DNC request must be retained and honored for five (5) years from the time the request is made.
Do-Not-Call List Verification
It is the policy of the Company or contractual third-party entity to verify whether a subscriber’s telephone number is listed on the national DNC prior to making any telephone solicitation calls. If the telephone subscriber is on the national DNC registry, it is the responsibility of the Company to ensure that there is express existence of an established business relationship or express consent of the called party.
If the Company decides to initiate telemarketing solicitations, its policy shall be, in addition to any contractual third-party entity engaged in making telemarketing calls on behalf of the Company, to employ a version of the national DNC registry or portions of the database for areas called that is obtained no more than three months prior to the call date (including records to support the three-month process).
Additionally, it is the policy of the Company that any telephone solicitation or telemarketing calls are only placed at times allowed by the Federal or State calling hours. The Federal hours are 8:00 a.m. and 9:00 p.m. (local time at the called party’s location). However, states’ calling hours vary by state; check with your legal team for approved calling times.
Honoring DNC and Revocation Requests
It is the Company’s policy to honor a consumer’s request not to receive calls to text messages. The consumer retains the right to revoke consent at any time through any reasonable means. Such revocations will be processed and implemented within ten (10) business days by:
- Recording and maintaining the request, and
- Placing the called party’s name (if provided) and telephone number on the Company’s DNC list.
Note that a removal request terminates any previously established business relationship.
Staff Training
It is the policy of the Company that all employees receive annual training to ensure appropriate compliance with TCPA DNC regulations, including the existence, maintenance and use of the Company’s DNC list. All employees are required to review this policy on at least an annual basis. Any questions regarding the application of this policy should be promptly directed to [email protected].
