General Policy Statement:

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BluBinder ("The Company") will ensure that all covered phone calls/texts, email communications and covered faxes comply with the requirements of the Telephone Consumer Protection Act (TCPA), the Junk Fax Prevention Act (JFPA), and the Controlling the Assault of Non-Solicited Pornography and Marketing Act (CAN-SPAM). The Board delegates to management the responsibility for developing procedures in accordance with this policy.

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Definitions:

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1. AUTOMATIC TELEPHONE DIALING SYSTEM (AUTODIALER). The TCPA’s definition is any technology that has the capacity to store or produce telephone numbers to be called, using a random or sequential number generator to dial such numbers. Even if the Company’s system does not currently have the capacity or capability at this time to make these calls, the system would still be considered an “autodialer” if it had the capacity to be upgraded in the future to make these calls.

2. COMMERCIAL MESSAGE. Defined by CAN-SPAM as a message having the primary purpose of advertisement or promotion of a product or service (including email that promotes content on commercial websites). “Transactional” or “relationship” messages are not considered commercial emails.

3. TELEMARKETING. The initiation of a telephone call or message for the purpose of encouraging the purchase or rental of investment in, property, goods or services, which is transmitted to any person.

4. TRANSACTIONAL OR RELATIONSHIP MESSAGE. CAN-SPAM defines this to mean an email message with the primary purpose to:

   1. Facilitate, complete or confirm a commercial transaction that the recipient has previously agreed to enter into with the Company (sender);

   2. Provide warranty information, product recall information or safety or security information with respect to a commercial product or service used or purchased by the recipient;

   3. Provide notification concerning a change in terms or features, recipient’s standing or status, or at regular periodic intervals: account balance information or other type of account statement for a subscription, membership account, loan or comparable ongoing commercial relationship involving the ongoing purchase or use by the recipient of products or services offered by the Company (sender);

   4. Provide information directly related to an employment relationship or related benefit plan in which the recipient is currently involved, participating or enrolled; or

   5. Deliver goods or services, including product updates or upgrades, that the recipient is entitled to receive under the terms of a transaction that the recipient has previously agreed to enter into with the Company (sender).

5. UNSOLICITED ADVERTISEMENT. TCPA defines this to mean “any material advertising the commercial availability or quality of any property, goods, or services, which is transmitted to any person without the person’s prior express invitation or permission, in writing or otherwise.”

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Guidelines:

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1. EXPRESS WRITTEN CONSENT. Companies wishing to make calls, send text messages and send faxes for telemarketing purposes should have express written consent. The consumer’s express written consent complies with the following disclosure requirements.

Revised Date: 9/28/2021

1. The consent is in writing bearing the signature of the consumer providing consent (written consent includes an electronic or digital form of signature pursuant to the E-SIGN Act);

2. Specifies the telephone number/ fax number to which the consumer is consenting to be called/faxed;

3. Clearly authorizes the Company to call the consumer using an automatic telephone dialing system or prerecorded message for telemarketing purposes; and

4. Is not a condition of purchasing goods or services.

2. AFFIRMATIVE CONSENT. Means that for commercial emails (which does not include transactional or relationship messages) sent by the Company, the member expressly consented to:

1. Receive the message, either in response to a clear and conspicuous request for such consent or at the member’s own initiative; and

2. If the message is from a party other than the party to which the recipient communicated such consent, the email recipient was given clear and conspicuous notice that at the time the consent was communicated, the recipient’s email address could be transferred to another party for the purpose of initiating commercial email messages.

3. PRERECORDED MESSAGES. If the Company leaves an artificial or prerecorded telephone message, the message begins by stating the identity of the Company and the telephone number of the Company, including a toll-free number for the consumer to opt out of future calls.

4. EMAIL COMMUNICATIONS. Commercial email communications must include a clear and conspicuous identification that the message is an advertisement or solicitation, provide notice of the opportunity to decline to receive further commercial electronic mail messages from the Company (sender), and include a valid physical postal address of the Company (sender). The Credit Union will:

A. Not disguise the Company’s name or the purpose of the message;

B. Always aim to have affirmative consent from the recipient to send the e-mail message; and

C. Include a clear and conspicuous way for members to opt out of receiving further email solicitations using email or by sending a written opt-out request to the Company’s physical address.

5. OPT-OUT NOTICES. Senders of advertisements via fax must provide specified notice and contact information on the facsimile that allows recipients to “opt out” of any future facsimile transmissions from the senders. Any artificial or prerecorded message telemarketing calls that could be answered by the consumer must provide an interactive opt- out mechanism that is announced at the outset of the message and is available for the duration of the call.

A. Clear and Conspicuous. The optout notice must be “clear and conspicuous,” meaning that it is “apparent to a reasonable consumer.”

B. Cost-Free Mechanism to Opt Out. The Company will identify a “cost-free mechanism” for a recipient to transmit an opt-out request. Such mechanisms can include a website address, email address, toll-free telephone number or toll-free facsimile machine number, but need only include one mechanism.

i. Local Telephone Numbers. Local telephone numbers may be provided, so long as the advertisements are sent to local members for whom a call to that number would not result in long-distance or other separate charges.

ii. Website. If a website is used to receive opt-out requests, the Company will ensure that the first page of the site describes the opt-out mechanism and procedures clearly and conspicuously.

iii. Availability. Whichever mechanism is used, the Company will ensure that opt-out requests can be accepted 24 hours, 7 days a week.

C. Responding to Opt-Out Requests. The Company will comply with opt-out requests as soon as possible. The Company will also have procedures to avoid future calls/faxes being made to consumers who have opted out.

D. Email Opt-Out Requests. When a member sends an opt-out request for commercial email communications, the Company will not initiate another message to that member 10 days after receiving the opt-out. The member must be able to send a reply email message or visit a single web page to opt out of receiving future emails.

i. The Company will retain an opt-out list for electronic solicitations for 5 years after the request is made.

ii. The Company will also monitor and maintain the list accordingly.

6. PROCEDURES. The Company will have procedures in place to comply with the requirements of the TCPA, JFPA and CAN-SPAM. Procedures will be comprehensive to avoid multiple calls/text messages/emails/faxes being made or sent to reassigned/wrong numbers or to consumers who have opted out.