Glenview State Bank Do-Not-Call Policy
Effective Date - July 1, 2006
All employees of Glenview State Bank, herein referenced to as the "Bank", must comply with the terms of this policy. Managers, employees and technical personnel must modify system configurations and procedures, if necessary, to comply with the terms of this policy.
The Federal Communications Commission (FCC) has established a national "Do-Not-Call" registry and other regulations pursuant to the Telephone Consumer Protection Action (TCPA). The impact of the FCC regulations is to prohibit all commercial telemarketers from calling any phone number on the registry without being subject to financial penalties. For those numbers not on the registry, the regulations set a maximum rate on the number of abandoned calls and require telemarketers to transmit caller ID information. The regulations also modify the FCC's unsolicited facsimile advertising requirements, which in turn were modified by the Junk Fax Prevention Act.
The FCC has expanded coverage of the national “Do-Not-Call” registry by including banks, insurance companies, credit unions and savings associations. The Federal Trade Commission’s (FTC) telemarketing regulations parallel the FCC regulations and apply to all other business entities, including third parties acting as agent or on behalf of a financial institution.
It is the policy of the Bank to adhere to all of the provisions of these regulations by implementing this policy and subsequent procedures.
Changes to this policy require approval by the Compliance Committee. Changes in operating procedures, standards, guidelines and technologies, provided they are consistent with this policy, may be authorized by the Privacy Officer.
Compliance Committee is responsible for ensuring the directives are implemented and administered in compliance with the approved policy.
The primary responsibility for enforcement of this policy and its operating procedures rests with the Privacy Officer and our employees.
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 Bank. Protective measures should not impede other legally mandated processes such as records retention or subpoenas. Any conflicts should be submitted immediately to the Privacy Officer for further evaluation and/or subsequent submission to the Bank’s legal counsel.
Exceptions to Policy
Requests for exceptions to this policy must be very specific and may only be granted on specific items, rather than to entire sections. Bank personnel with exceptions are to communicate their requests by submitting an internal memorandum to the Privacy Officer for consideration by Senior Management.
TCPA provides consumers with options to avoid unwanted telephone solicitations and addresses the following:
- Adoption of a national "Do-Not-Call" registry expands coverage to entities regulated by the FTC.
- No seller, or entity telemarketing on behalf of the seller, can initiate a telephone solicitation to a residential telephone subscriber who has registered his or her telephone number on the national Do-Not-Call registry. A safe harbor exists for an inadvertent violation of this requirement if the telemarketer can demonstrate that the violation was an error and that its routine practices include:
- A. Written procedures;
- B. Training of personnel;
- C. Maintenance of a list of telephone numbers excluded from contact;
- D. Use of a version of the national Do-Not-Call registry obtained no more than three months prior to the date any call is made (with records to document compliance); and
- E. Process to ensure that it does not sell, rent, lease, purchase or use the Do-Not-Call database in any manner except in compliance with regulations.
- Companies must maintain company specific Do-Not-Call lists reflecting the names of customers with established banking relationships who have requested to be excluded from telemarketing. Such requests must be honored for five years.
- Telemarketing calls 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).
- All telemarketers must comply with limits on "abandoned calls" and employ other consumer friendly practices when using automated telephone dialing equipment. A telemarketer must abandon no more than three percent of calls answered by a person and must deliver a prerecorded identification message when abandoning a call. Two or more telephone lines of a multi-line business are not to be called simultaneously. Telemarketers must disconnect an unanswered telemarketing call prior to at least 15 seconds or four rings. All businesses that use autodialers to sell services must maintain records documenting compliance with call abandonment rules.
- All prerecorded messages, whether delivered by automated dialing equipment or not, must identify the name of the entity responsible for initiating the call along with the telephone number of that entity that can be used during normal business hours to ask not to be called again.
- All telemarketers must transmit caller ID information when available, and must refrain from blocking any such transmission(s) to the consumer.
- Unsolicited fax transmissions must be preceded by the advertiser's receipt of the express written permission and signature of the intended recipient. There is no exception for an "existing business relationship," nor can the express permission be conveyed through the use of a "negative option." Businesses that advertise by fax are required to maintain records demonstrating that recipients have provided express permission to send fax advertisements.
- Tax exempt nonprofit organizations are not required to comply with the do-not-call provisions of the TCPA.
BANK TELEMARKETING ACTIVITIES
Glenview State Bank DOES NOT initiate telemarketing activities to non-commercial prospects other than individuals with whom the Bank has an established banking relationship, as that term is defined in the FCC’s Do-Not-Call rule and in the statute. In the event that this policy was to change, Glenview State Bank would amend its Do-Not-Call Policy to conform to TCPA regulations.
It is the responsibility of the Privacy Officer and Compliance Committee to ensure the Bank remains in compliance with the TCPA and this policy.
In the event an individual with whom we have an established banking relationship requests that we do not call them in the future to provide information about products or services in which we believe they may have an interest, Glenview State Bank will designate them as an “Opt-out” in the same manner currently used for all opt-out requests under Regulation P:
Removal Requests and Complaints
Customers requesting to be placed on Glenview State Bank’s “do-not-call” list, as well as GSB’s “opt-out” list may do so by phone (847-729-1900), e-mail (email@example.com) or by US Mail (Glenview State Bank Marketing Department 800 Waukegan Rd Glenview IL 60025).
Complaints shall be forwarded by any GSB employee or contractual third party entity to the Privacy Officer and handled in accordance with the Bank’s complaint policy.
It is the policy of the Bank that personnel calling on behalf of the Bank must receive training to ensure appropriate compliance with TCPA regulations and the use of the Bank’s do-not-call list. It is the responsibility of the Privacy Officer to ensure personnel are properly trained and the training is documented.
Internal Audit Review
This policy requires that appropriate and timely tests, audits and evaluations be conducted to ensure the Bank is in compliance with TCPA regulations. The Bank has designated the Auditing Department to conduct periodic internal audit reviews of the Bank’s compliance efforts.