1. 2015 TCPA WASHINGTON SUMMIT | SEPT. 27TH-29TH | WASHINGTON DC Using Technology to Mitigate Risk with the TCPA Robert Killory Karl Koster Brandon Sailors

2. First, the Disclaimer Nothing herein should be construed as legal advice, nor as establishing any sort of any attorney-client relationship. You should consult your own attorney to evaluate any risk under the TCPA of using a vendor’s product for dialing wireless telephone numbers. 2015 TCPA WASHINGTON SUMMIT | SEPT. 27TH-29TH | WASHINGTON DC

3. 3CLogic Inc. Robert Killory

4. Risk Mitigation Techniques 1.Follow the letter of the TCPA regulations – IMPOSSIBLE 2.Take all POSSIBLE steps of TCPA 3.Reduce attractiveness to Litigators

5. Follow the letter of the TCPA regulations – IMPOSSIBLE TCPA is self-contradictory and impossible to comply to with BEFORE the changes Changes emboldened and empowered the Litigators

6. Take all POSSIBLE steps of TCPA 1.Utilize Technology to avoid ATDS definition 2.Obtain ‘Express Prior Consent’ 3.Gather all possible data and process accordingly 4.Honor opt-outs – use every method available 5.Train staff on proper handling of consumers

7. Reduce attractiveness to Litigators 1.PLAN AHEAD – decide now how to reply and have your attorney validate 2.Follow your attorney’s advise!!! 3.Respond according to attorney 1.Answer FAST and COMPLETE 2.Have methods to gather data for complaint details defined and practiced 3.Ensure training of staff on responses BEFORE and AFTER the complaint 4.Keep what you should keep and destroy what you should not

8. Technology Approaches Supporting Risk Management Brandon Sailors CSG Interactive Messaging

9. Market Challenge  Compliance is a global consideration, and regulations continually evolve –These regulations impact profile & preference management –Your systems must accommodate, have historical record keeping and provide searchable reporting  Adding to this, more and more households are cutting the landline cord, in favor of a mobile device Source: CDC National Health Interview Survey

10. Controlling your C.O.S.T. Consent – documenting proof of prior express consent and prior express written consent Ownership – knowing the number receiving a text, or call, belongs to the same person who gave consent Stewardship – managing customer preferences for opt-in, and opt-out, by channel (voice, text, email) across all lines of business Traceability – demonstrating management of all the above including documented processes for your customers and employees

11. Technology Approaches to Best Practices Traceabi lity Consent Owners hip Steward ship Maintain accurate consent database Preference Management to determine customer preferred channel by message type with appropriate consent Language indicators are great addition to consent & preference databases Managing customer opt-in and opt-outs Collecting and managing of channel preferences Scrubbing your customer lists with internal, state and federal Do Not Call lists Utilizing additional 3 rd party lists such as daily disconnects, ported number, VoIP, litigator, etc. Name: John Smith Phone Number: 555-123-4567 Email Address: john.smith@provider.com Home Address: 123 Fake St. Springfield, USA Maintaining current customer data Using customer ANI and lead scoring services in conjunction with IVR to identify and verify prospects Utilizing additional 3 rd party lists such as daily disconnects, ported number, VoIP, litigator, etc. Storing of customer consent o Written forms o Recorded voice / SMS o Saved web forms Process documentation for opt outs and revocation of consent

12. Customer Communication Center’s Event Manager RULES PROCESSING WORKFLOW ENGINE Interaction Management & Response Business Rule use of Consent: Capture and Store Consumer Consent (written or recorded) Create process for “opt-out” and revocation of consent Consider use of Customer Channel Preference Capture & Store Customer Consent Customer Indicated Channel: Outbound Voice SMS / Text Email Print and Mail Social Media Applying Business Rules to Help Manage Risk

13. Striking the Balance 2015 TCPA WASHINGTON SUMMIT | SEPT. 27TH-29TH | WASHINGTON DC Prior Express Written Consent Best Practice: Proof of Express Consent or Prior Express Written Consent exists for number customer provided Solution: CSG Data Assurance helps match phone ownership to current subscriber High Risk Phone Number Best Practice: Proof of Express Consent or Prior Express Written Consent exists Solution: CSG Data Assurance unable to confirm phone ownership match then manual dialing or alternate channels Exclusion – Do Not Call Scenario: No verifiable Express Consent Solution: CSG Data Assurance helps determine phone ownership mismatch Automated call to landline or mobile SMS/Text to mobile Email (if available, and/or pertinent) Manual call to customer Email (if pertinent) Do Not Call, exclusion file Attempt contact in a different channel such as email Example Scenarios/Interaction TypesCommunication Channels

14. Illustrative Interaction Flow 2015 TCPA WASHINGTON SUMMIT | SEPT. 27TH-29TH | WASHINGTON DC SMS Alert or Auto Dialer Interaction Workflows & Ownership Compliance & Stewardship Interaction & Traceability Right Channel Event Triggered (Non-Telemarketing Interactions) 1 5 Log Interactions / Notification Data Systems Updated 9 Alert Message Delivery Data Received 8 Event Trigger Received, Workflow Plan is Executed 2 Retrieve Preference & Consent Data 3 Manual Calling or Email 6 Data Assurance 4 Name/Number Linked & Express Consent High Risk Number & Express Consent Invalid Number & Express Consent 7 Do NOT contact

15. Building Solid Solutions 2015 TCPA WASHINGTON SUMMIT | SEPT. 27TH-29TH | WASHINGTON DC Ownership Proof of Ownership – trust, but verify Stewardship Providing real-time, fully integrated Stewardship of customer consent and preference Traceability Ability to demonstrate Traceability of your processes across the customer lifecycle and across company silos Consent Consent is the foundation for any customer interaction program

16. Thank you! For more information please contact… Brandon Sailors Director, Business Solutions CSG International brandon.sailors@csgi.com Mobile – 614.271.8683 Office – 402.963.8710

17. 2015 TCPA WASHINGTON SUMMIT | SEPT. 27TH-29TH | WASHINGTON DC Minimizing Dialing Risks After the FCC’s June 18, 2015 Order Karl Koster Chief Intellectual Property/Regulatory Counsel Noble Systems Corporation

18. Manual Dialing is OK Telco Switch Telco switch has the “potential ability,” but:  User has no possession or control of the telco switch to load or modify software.

19. Example of an Autodialer Wireless Switch User has possession and control of Smartphone:  User can control software upgrades.

20. Predictive Dialer Telco Switch User has possession and control of the Predictive Dialer  User can control software upgrades. Order Reaffirms a Predictive Dialer is an Autodialer

21. Predictive Dialer Telco Switch Does Using a Rotary Phone Make this Configuration “Safe”? Order Reaffirms a Predictive Dialer is an Autodialer

22. PBX Telco Switch User has possession and control of the PBX:  User can control software upgrades. What about a PBX? Computer controlled dialing device capable of receiving software upgrades.

23. Manual Dialing Potential Solution “ Locked-Down” PBX “Locked-Down PBX”: Specially configured via hardware so that no software can be downloaded by the user to perform the prohibited functions. Telco Switch

24. A Potential Solution Noble Compliance Appliance™ Solution w/ Lock Down Telco Switch The Noble Compliance Appliance™ Solution with Lock Down: Has no ability for the user to download software. Locked down via hardware. No capacity to dial from a list, predictive dial, or generate telephone numbers from a random/sequential number generator.

25. Limits of Manual Dialing The TCPA’s Autodialer prohibition is but one regulation that must be followed: Do Not Call Lists Dialing within allowable calling windows Dial attempts are within limits Call recordings comply with state requirements

26. TCPA Wireless Compliance Solution TCPA Wireless Compliance Server 1. Display Number 404-555-1212 Dialing List 404-555-1212 512-545-1235 212-456-1230 Compliance Appliance ™ Solution w/Lockdown

27. 404-555-1212 2. Dial Number TCPA Wireless Compliance Solution TCPA Wireless Compliance Server 404-555-1212 Compliance Appliance ™ Solution w/Lockdown

28. Phone Station Identifier & Dialed Number: 404-555-1212 3. Notify Wireless Compliance Server of Dialed Number TCPA Wireless Compliance Solution TCPA Wireless Compliance Server 404-555-1212 Compliance Appliance ™ Solution w/Lockdown

29. 4. Compare with number presented Previously to agent TCPA Wireless Compliance Solution TCPA Wireless Compliance Server 404-555-1212 Compliance Appliance ™ Solution w/Lockdown

30. 5. Authorize or Confirm TCPA Wireless Compliance Solution TCPA Wireless Compliance Server 404-555-1212 Compliance Appliance ™ Solution w/Lockdown

31. 6. Setup Call Wireless Carrier TCPA Wireless Compliance Solution TCPA Wireless Compliance Server 404-555-1212 Compliance Appliance ™ Solution w/Lockdown

32. Compliance Appliance ™ Solution with Lock Down TCPA Wireless Compliance Server Wireless Carrier Equipment that stores Equipment that dials Compliance is also maintained for: Calling windows Call attempts Identifying misdials Do-not-call Call Recording Requirements Is separated from: NO CAPACITY TCPA Wireless Compliance Solution

33. Compliance Appliance Solution ™ with Lock Down TCPA Wireless Compliance Server Wireless Carrier Equipment that stores Equipment that dials See, e.g., U.S. Pat. 8,738,075 U.S. Pat. 8,989,814 U.S. Pat. 9,037,119 U.S. Pat. 9,036,811 Is separated from: TCPA Wireless Compliance Solution

34. Maintaining Compliance While Minimizing Risk Human intervention required for each call. Equipment that has no “capacity.” Equipment that stores number is separate from equipment that dials the number. Compliance with other regulations. L OW R ISK, H IGH C OMPLIANCE S OLUTION

35. Thank You Karl Koster Chief Intellectual Property/Regulatory Counsel (404) 851-1331 (ext. 1397) kkoster@noblesystems.com For more information: +1.404.851.1331 info@noblesystems.cominfo@noblesystems.com www.noblesystems.comwww.noblesystems.com 2015 TCPA WASHINGTON SUMMIT | SEPT. 27TH-29TH | WASHINGTON DC