12. CONSENT TO TELEPHONE AND TEXT COMMUNICATIONS (TCPA AND STATE DNC COMPLIANCE)

By providing us with a telephone number, including a cell phone number, you expressly agree to the following, in compliance with the federal Telephone Consumer Protection Act (TCPA), state telemarketing laws, and state Do-Not-Call (DNC) regulations:

• Express Written Consent: You provide prior express written consent for us, our affiliates, and third-party service providers to contact you at the provided number using autodialers, prerecorded or artificial voice messages (including AI-generated calls), and text messages for marketing, transactional, or informational purposes (e.g., promotions, account updates, service offers). This consent satisfies the requirements of the TCPA (47 CFR § 64.1200) and the most stringent state laws, such as the Florida Telemarketing Act, Texas Business and Commerce Code, and others, where applicable.
• Scope: This consent applies to all Services-related communications, including telemarketing calls, and is not a condition of purchase. Where permitted by law, we may contact you even if your number is on the National Do-Not-Call Registry or a state DNC list, based on your consent or an established business relationship.
• State Do-Not-Call Compliance: We comply with all applicable state DNC laws and lists (e.g., Florida, Texas, Pennsylvania). If you register your number on a state DNC list after providing consent, we will honor that registration and cease telemarketing calls unless an exemption applies (e.g., your prior consent or ongoing business relationship). You may revoke consent to override any exemption (see below).
• Revocation: You may revoke consent for calls or texts at any time by:
• Replying “STOP” to a text message.
• Calling 1-866-201-4035 and requesting removal.
• Emailing privacy@providerpower.com with your request.
• Registering your number on a state or federal DNC list (where applicable). Revocation will be processed within 30 days (or sooner if required by state law), and we will update our records to reflect your preferences across all communication channels. Revocation does not affect prior lawful communications.
• Internal Do-Not-Call Policy:
• Policy Overview: We maintain a written internal Do-Not-Call (DNC) policy in compliance with the Telemarketing Sales Rule (16 CFR § 310.4(b)(1)(iii)(B)) and applicable state laws. This policy ensures that we honor your request not to receive telemarketing calls or texts promptly and effectively.
• Procedures: Upon receiving a DNC request, we will:
  • Record your number in our internal DNC list within 24 hours.
  • Suppress your number from telemarketing campaigns within 30 days (or sooner if required by state law, e.g., 10 days in Texas).
  • Train employees and third-party vendors on DNC compliance annually.
  • Maintain records of DNC requests and compliance for at least 5 years.
• Good-Faith Error Provision: We strive to ensure full compliance with DNC requests. In the rare event of an inadvertent single call or text to your number after you’ve opted out—due to human error, technical failure, or database lag—we will:
  • Treat it as a good-faith error, provided it is unintentional and isolated.
  • Immediately suppress your number upon discovery or notification.
  • Take corrective action to prevent recurrence (e.g., updating systems, retraining staff). This provision aligns with industry standards and regulatory guidance, recognizing that a single error, promptly corrected, does not constitute a willful violation. However, repeated contacts after a DNC request are strictly prohibited.
• Consumer Notification: You may request a copy of our internal DNC policy by contacting us at privacy@providerpower.com or 1-866-201-4035.

We design our communication practices to maximize engagement while adhering to TCPA, TSR, and state DNC requirements, including honoring call time restrictions (e.g., no calls before 8 AM or after 9 PM local time unless permitted by state law).