DNC and Data Disclosure

1. Key Points#

• A DNC flag shows that a telephone number was on the National Do Not Call Registry when we last looked it up. It is information, not a compliance service.
• A flag may be out of date, a number we could not check is shown as unknown, and we do not check state do-not-call lists.
• In the dialer, flagged numbers are marked and held for your review. You may remove them or choose to call them. Our assistants never call or text a flagged number, with no exception.
• Numbers on your account's own do-not-call list, including people who replied STOP, are blocked from calls and texts.
• Lead data, including every amount of Excess Proceeds, is an estimate compiled from public records and third-party sources, and may be wrong.
• Neither a flag, nor the absence of a flag, nor anything else we provide satisfies any legal obligation you have. You remain responsible for your own compliance.

2. What a DNC Flag Is#

2.1 Where flags come from#

We look up telephone numbers against the National Do Not Call Registry through a third-party data service. Lookups are run by our team before leads are delivered, when you use "Check DNC" on a case, and after a skip trace. Our team may also record results from other registry checks. A number that was on the Registry at the time of the lookup is flagged.

2.2 How current a flag is#

A flag shows the result of the most recent lookup for that number. We keep each result. Using "Check DNC" on a case always runs a new lookup. Checks after a skip trace reuse a result less than thirty (30) days old. Before one of our assistants calls or texts a number, we look it up again when its status is unknown or its last check is more than thirty-one (31) days old. We do not re-check every number on a fixed schedule, so a flag, or the absence of one, may be weeks or months old by the time you see it. Numbers are added to the Registry every day.

2.3 Numbers we could not check#

If a lookup fails, times out, or returns an unexpected answer, we record the number as unknown, never as "not on the list". An unknown number is shown as unknown, not as clear. The absence of a flag does not mean that a number is not on the Registry.

2.4 What we do not check#

We do not check state do-not-call lists, including those kept by states such as Texas, Florida, Pennsylvania, and Colorado. We do not check whether a number has been reassigned to a new subscriber, whether it is a wireless number, whether its owner has given or withdrawn consent, or whether the owner is a known litigant.

2.5 Flags apply to the number#

A flag applies to the number that was looked up. Other numbers on the same lead are looked up separately, and a number with no result is shown as unknown. Our assistants do not call or text a flagged or unknown number.

3. What Happens in the Product#

3.1 In the dialer#

Flagged numbers show a "DNC" label in the calling queue and during the call. When you start a calling queue that contains flagged numbers, you are asked to review them and to either remove them or override the flag and include them, with a warning about the Telephone Consumer Protection Act. A DNC flag does not block a call. The decision to call a flagged number is yours. When our assistants work your account under the Assistant Outreach Authorization in Section 6 of our Acceptable Use Policy, they never call or text a flagged number, and no approval or instruction from you changes this. You may still call or text it yourself, from your own login, where the law allows it.

3.2 Your account's own do-not-call list#

Numbers on your account's internal do-not-call or blocked list are refused by our servers at the time of the call or text, whoever places it. Numbers are added to that list when someone replies STOP or another opt-out keyword to a text from your account, when you or your users add them, and when someone asks one of our assistants not to be contacted. This list and our platform-wide stop list for people who asked us to stop contact are the only lists that block every call and text, whoever places it.

3.3 Records of overrides and attestations#

When you override a DNC flag, or when you or an assistant acting for you import contacts, pull records from our database into your workspace, or start a calling queue, we may ask for a confirmation that you have a lawful basis to contact the people involved and have checked them against the do-not-call lists that apply to you. A confirmation an assistant gives for you is your confirmation. We record who made each override and confirmation and when, and, where the Platform captures them, the numbers or records involved, IP address, device, and the wording shown, as described in Section 8 of our Acceptable Use Policy. These records may be used as described in Section 11 of the Terms.

4. What DNC Flags Are Not#

DNC flags are provided "as is", as a courtesy, with no guarantee of accuracy, completeness, or timeliness. They are not a scrubbing service, not a compliance tool, and not legal advice, and they give you no safe harbor under the Telephone Consumer Protection Act, the Telemarketing Sales Rule, or any state law. You may not rely on a flag, or on the absence of a flag, to satisfy any legal obligation. Where our website or plan descriptions describe data as "DNC-scrubbed" or "scrubbed against the Do Not Call registry", they mean that the numbers were looked up and flagged as described here, not that they were removed or that calling them is lawful.

5. What You Must Do#

Whether or not a number carries a flag, before you, or our assistants under the Assistant Outreach Authorization, call or text it, you must:

• hold your own Subscription Account Number with the FTC's National Do Not Call Registry for every area code you call, and scrub your lists against the Registry at least every thirty-one (31) days;
• scrub against every state do-not-call list that applies to the people you contact, and register with any state that requires it;
• keep and honor your own internal do-not-call list, and honor opt-outs received in any channel;
• obtain and keep records of any consent the law requires, including prior express written consent where it applies;
• call and text only within lawful hours in the called person's time zone, and follow the other rules in our Acceptable Use Policy; and
• check the surplus funds recovery laws of each state you work in, including any waiting periods, fee limits, and solicitation bans.

6. Lead Data and Estimates#

6.1 Where lead data comes from#

Licensed Data is compiled from county and court records, tax and foreclosure sale results, auction listings, other public records, and commercial data providers, including skip-trace providers for telephone numbers and email addresses. Our team and automated tools collect, match, and review it, and we add our own estimates and research.

6.2 Estimates#

Every amount of Excess Proceeds we show is an estimate. It is usually calculated from the sale price and the judgment or tax amount in the records we found, and it may not reflect mortgages, liens, taxes, interest, fees, costs, prior claims, disbursements, court orders, or deadlines that reduce or eliminate the amount available. Where we describe a target, for example that we target leads with an estimated surplus of $20,000 or more, that is a selection criterion based on estimates, not a promise that any lead has that amount or any amount.

6.3 Contact and ownership data#

Telephone numbers, email addresses, mailing addresses, and ownership or heir information may be wrong, out of date, or reassigned to someone else, and a person named in a lead may have died or may not be the person entitled to the funds. Skip-trace results are matches made by third parties and are not verified identities.

6.4 No warranty, and your verification#

Lead data is provided "as is", with no representation or warranty of accuracy, completeness, reliability, or timeliness. It is not a consumer report and may not be used as one, or for any purpose covered by the Fair Credit Reporting Act, as set out in Section 7 of our Acceptable Use Policy. You must verify ownership, entitlement, amounts, and status with the county, court, or agency that holds the funds before you act. We are not liable for decisions made, costs incurred, or outcomes that result from relying on lead data or estimates.

7. Responsibility#

As between you and us, you are responsible for every call, text, email, and letter made through your account or by our assistants under the Assistant Outreach Authorization, and for any claim, fine, or penalty that results from it, as provided in the Terms and the Acceptable Use Policy.

8. Changes and Contact#

We may change this disclosure, including when we change how flags are produced, under the change process in Section 1.4 of the Terms. Questions: support@surplusfundslist.com.

This disclosure is available in English and Spanish. If the two versions differ, the English version controls.