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TCPA

Stormguard Restoration, LLC (DBA StormGuard 360) — TCPA Compliance Policy Last Updated: 10/07/2025

  1. Purpose: This TCPA Compliance Policy describes Stormguard Restoration, LLC’s (“StormGuard,” “we,” “us,” or “our”) practices for sending telephone and mobile communications in compliance with the Telephone Consumer Protection Act (TCPA), related FCC rules, and applicable state laws (including Missouri and Illinois). It governs autodialed and prerecorded calls, text messages (SMS/MMS), and other automated communications to consumers and business contacts.
  2. Scope: This policy applies to all StormGuard employees, contractors, agents, third‑party vendors, marketing partners, and affiliates that send or manage voice or text communications on our behalf, whether promotional or transactional. It covers communications in connection with lead generation, marketing, appointment scheduling, service updates, financing, insurance coordination, and customer service.
  3. Definitions:
  • Autodialer/ATDS: Any equipment with the capacity to store or produce telephone numbers and dial them automatically.
  • Prior Express Written Consent (PEWC): A consumer’s written agreement to receive autodialed or prerecorded telemarketing calls/texts, signed or electronically provided, and including the consumer’s phone number and signature or equivalent.
  • Prior Express Consent (PEC): Consent sufficient for non-telemarketing, informational calls/texts (e.g., appointment reminders).
  • Opt-In: The affirmative action by which a consumer provides PEC or PEWC (as required) to receive messages.
  • Opt-Out: The consumer’s request to stop receiving messages (e.g., replying STOP).
  1. Types of Messages:
  • Transactional/Informational: Appointment reminders, claim or project status updates, payment confirmations, scheduling messages, warranty/service notifications, emergency notifications. Sent on PEC; do not require PEWC.
  • Promotional/Telemarketing: Messages that include offers, discounts, solicitations to purchase goods/services, or marketing content. Require PEWC before sending autodialed or prerecorded messages to a wireless number.
  1. Consent Requirements:
  • Wireless Numbers: For any autodialed or prerecorded telemarketing call or text to a wireless number, obtain PEWC prior to the first message. PEWC must (i) be written/electronic, (ii) clearly authorize StormGuard to call/text using autodialed/prerecorded technology, and (iii) include the consumer’s phone number and signature or electronic equivalent.
  • Residential Landlines: For prerecorded telemarketing calls to residential landlines, obtain express written consent where required by law.
  • Non-Telemarketing/Transactional Messages: PEC is required (oral or written) and must reflect that the number may receive automated texts or calls in relation to an existing service or transaction.
  • Third‑Party Leads: When purchasing or receiving leads, ensure documentation evidencing appropriate consent is obtained and retained. Do not contact numbers lacking required consent.
  1. Consent Documentation & Recordkeeping: We will maintain robust records for each consent/opt-in, including:
  • The text of the consent and any webform or script used.
  • Timestamp and method (web form, signed document, phone, or third-party confirmation).
  • The phone number and identity of the consenting party.
  • IP address, geolocation (if captured), and the URL/page where consent occurred (for online consents).
  • Copies of transactional disclosures and PEWC language. Records will be retained for a minimum of five (5) years or longer if required by law or company practice. Records must be accessible for audit, dispute resolution, and regulatory inquiries.
  1. Opt-Out Mechanisms:
  • SMS Opt-Out: Every SMS will provide a clear opt-out keyword (e.g., STOP). When a consumer replies with STOP, UNSUBSCRIBE, CANCEL, QUIT, or OPT-OUT, we will:
    • Immediately cease automated messaging to that number.
    • Send a one-time opt-out confirmation message (if required by applicable rules).
    • Flag the number in our suppression list within 24 hours and prevent future automated messages.
  • Voice Opt-Out: For calls, provide an easy mechanism to request no further calls (e.g., pressing a digit or speaking “STOP”), and honor verbal opt-outs as required.
  • Manual & Support Opt-Outs: If a consumer contacts support (phone/email) to opt out, agents will submit an opt-out request through the consent management system within 24 hours.
  • Global Suppression: All opt-outs will be added to a central, secure global suppression list that applies to all marketing and automated communications and is synchronized with third-party vendors.
  1. Message Content & Disclosures
  • Identification: Each message must clearly identify StormGuard as the sender.
  • Purpose: Messages must state their purpose (appointment reminder, estimate follow-up, promotion, etc.).
  • Help & Opt-Out Info: Include short HELP instructions (e.g., “Reply HELP for help”) and opt-out instructions (e.g., “Reply STOP to unsubscribe”) in SMS messages and provide opt-out information in voice scripts.
  • Frequency Disclosure: For marketing programs, disclose expected message frequency at opt-in where reasonably estimable (e.g., “Message frequency may vary. Up to X messages/month”).
  • Fees: Disclose that carrier message and data rates may apply.
  1. Calling Practices & DNC Compliance
  • Do-Not-Call (DNC) Lists: We will maintain and check internal and external DNC lists (including state and national lists) prior to initiating telemarketing calls. Numbers on any applicable DNC list will not be contacted for telemarketing purposes.
  • Calling Hours: Telemarketing calls will be placed only between 8 a.m. and 9 p.m. local time of the recipient unless the recipient has provided express consent for other times.
  • No Calls to Reassigned Numbers: Use number validation and re-assignment screening where available. If a number becomes reassigned and the new subscriber objects, treat as an opt-out and cease calls.
  1. Vendor Management & Third-Party Compliance
  • Contracts: All vendors or third parties that send messages on behalf of StormGuard must sign contracts requiring TCPA compliance, allow audits, and represent that they will not call/text numbers without required consent.
  • Due Diligence: Prior to engagement, vendors must demonstrate compliance procedures, suppression list access, and consent record access.
  • Audits: StormGuard will perform periodic compliance audits of vendors and require corrective actions for noncompliance.
  1. Technical Controls & Dialer Use
  • Dialer Configuration: Configure dialers to comply with legal limits and to incorporate call progress detection, redial suppression, and time-zone rules.
  • Opt-Out Sync: Integration must ensure suppression lists sync in real time (or as close to real time as feasible) across systems and vendors.
  • Monitoring: Implement logging and monitoring of outbound campaigns, message content, consent capture, and opt-outs.
  1. Training & Employee Responsibilities
  • Training: Provide regular training to employees and contractors on TCPA requirements, opt-in capture, recordkeeping, opt-out handling, and use of scripts and consent language.
  • Compliance Officer: Appoint a TCPA Compliance Officer responsible for oversight, policy updates, audits, and incident response.
  • Incident Reporting: Employees must report any potential TCPA violations, consumer complaints, or vendor noncompliance to the Compliance Officer immediately.
  1. Complaint Handling & Dispute Resolution
  • Acknowledgement: Acknowledge receipt of consumer complaints within three (3) business days.
  • Investigation: Investigate complaints promptly, review consent records, vendor logs, and messaging history.
  • Remediation: If a violation occurred, cease offending communications, correct records, notify affected consumers as appropriate, and take vendor or employee corrective action.
  • Escalation: Significant incidents or regulatory inquiries will be escalated to legal counsel and senior management.
  1. Litigation & Liability Management
  • Preservation: Preserve relevant records immediately when litigation or regulatory investigations are reasonably anticipated.
  • Insurance: Maintain appropriate insurance coverage to address potential liabilities related to communications.
  • Legal Counsel: Work with counsel to respond to TCPA claims and to evaluate the exposure and defense strategy.
  1. Auditing & Monitoring
  • Regular Audits: Conduct periodic internal audits of consent records, suppression lists, message content, vendor compliance, and system configurations.
  • Third-Party Audits: Where appropriate, engage outside auditors to validate compliance practices.
  • Metrics: Track metrics such as opt-in rates, opt-out rates, complaint volumes, and delivery/failure rates to identify and remediate issues.
  1. Updates & Policy: Changes StormGuard may update this TCPA Compliance Policy to reflect legal developments or operational changes. Updates will be posted with a revised “Last Updated” date. Material changes affecting consumers will be communicated where required.
  2. Contact Information: For questions, opt-out assistance, complaints, or requests related to messaging practices, contact: Email: contact@stormguard360.com Phone: 314-900-3358 Mail: Stormguard Restoration, LLC (DBA StormGuard 360), 110 E Lockwood, St. Louis, MO 63119 Attn: TCPA Compliance Officer
  3. Acknowledgment: By providing your phone number or otherwise consenting to receive communications from StormGuard, you acknowledge that you have read and understood this TCPA Compliance Policy and consent to receive communications consistent with the terms herein.