GLD, LLC 
STANDARD OPERATING PROCEDURES FOR MARKETING
COMMUNICATIONS AND DO-NOT-CALL/TCPA MANUAL

Date Last Reviewed or Updated: Jan 23rd, 2025

1.0 TCPA OVERVIEW

GLD Shop, LLC (“GLD” or the “Company”) engages in many forms of communication with customers and potential customers. These procedures contemplate the use of manually and electronically dialed calls to the Company’s customers and potential customers to ensure compliance with the Telephone Consumer Protection Act of 1991, 47 U.S.C. 227, et. seq. (the “TCPA”).

1.1 What does the TCPA Regulate?

The TCPA regulates calls to wireless numbers via an automatic telephone dialing system (“ATDS” or “autodialer”) and calls to both wireless and residential land lines using a pre-recorded message or artificial voice message. Although the Company does not currently use technology that would fall within the definition of an ATDS or autodialer, as interpreted by the U.S. Supreme Court, compliance with the TCPA’s autodialer regulations to the extent practical helps limit the risk of litigation alleging the use of an autodialer and reduces the Company’s exposure if regulatory or technological changes render the Company’s calls subject to the TCPA’s autodialer provisions. 

Further, the TCPA places additional restrictions on all telemarketing calls (including text messages), regardless of whether calls are placed using an autodialer, predictive dialer (or other computer dialing system that does not meet the statutory definition of ATDS), or by manually inputting a phone number. These restrictions are generally referred to as the “do-not-call” regulations, and primarily consist of refraining from calling any numbers on the National Do-Not-Call Registry or calling any customer or potential customer who has requested calls to stop. There are other restrictions on telemarketing calls beyond the do-not-call regulations, such as restrictions on the time of day during which a telemarketing call can be placed.

These procedures are intended to ensure that the Company strictly follows the mandates of the TCPA in Company to consumer communications.

1.2 What the TCPA Does Not Regulate

a. Inbound telephone calls or text messages;
b. Customer-service related calls or text messages, if the call or text message: 
i. Is not placed using an ATDS;
ii. Does not use a pre-recorded or artificial voice; and 
iii. Is not made with the purpose of encouraging the purchase or rental of, or investment in, property, goods, or services. 

1.3 Calls to Residential Lines

It is unlawful to “initiate” any telephone call using an artificial or prerecorded voice to a residential phone unless: 

a. Made with the “prior express written consent” of the called party; or
b. Initiated for emergency purposes; or 
c. Was not made for a commercial purpose; or
d. Was made for a commercial purpose but does not include or introduce an advertisement or constitute telemarketing; or
e. Made by or on behalf of a tax-exempt non-profit organization; or
f. Is a health care message made by a qualified entity under HIPAA.
47 U.S.C. § 227(b)(1)(B); 47 C.F.R. § 64.1200(a)(3).

1.4 Calls to Wireless Numbers

The TCPA makes it unlawful for any person within the United States to make any call (other than a call made for emergency purposes or made with the prior express consent of the called party) using any automatic telephone dialing system or an artificial or prerecorded voice to any telephone number assigned to a paging service, cellular telephone service, specialized mobile radio service, or other radio common carrier service, or any service for which the called party is charged for the call. 47 C.F.R. § 64.1200(a)

1.5 Debt Collection and Other Informational Calls

The FCC has determined that debt collection and other informational calls are not telemarketing calls. Instead, they are calls made for a commercial purpose and, so long as the consumer consents orally or provides his or her number in a transaction with the Company, calls by the Company to such number will not violate the TCPA.

1.6 Use of the Company Dialing System

In 2015, the Federal Communications Commission expanded the reach of the TCPA by broadening the definition of an ATDS to “dialing equipment that generally has the capacity to store or produce, and dial random or sequential numbers even if not presently used for that purpose, including when the caller is calling a set list of consumers.” In 2021, the United States Supreme Court narrowed the definition of what constitutes an ATDS to systems that have the capacity to store and dial numbers using a random or sequential dialer (use being the key difference). 

The Company Dialing System, as currently configured, only dials numbers that are stored from a list of existing customers, rather than randomly or sequentially generated. Based on this, the Company Dialing System is likely not subject to the ATDS regulations. The Company’s policy is to avoid modifying the Company Dialing System (or adopting an alternative calling system) in such a way that the system places calls using randomly or sequentially generated numbers.

Calls placed using the Company Dialing System for purposes of marketing are still subject to the TCPA’s telemarketing regulations, including the do-not-call regulations.

1.7 Use of the Attentive Text Platform

In 2015, the Federal Communications Commission expanded the reach of the TCPA by broadening the definition of an ATDS to “dialing equipment that generally has the capacity to store or produce, and dial random or sequential numbers even if not presently used for that purpose, including when the caller is calling a set list of consumers.” In 2021, the United States Supreme Court narrowed the definition of what constitutes an ATDS to systems that have the capacity to store and dial numbers using a random or sequential dialer (use being the key difference). 

The Attentive Text Platform, as currently configured, only dials numbers that are stored from a list of existing customers, rather than randomly or sequentially generated. Based on this, the Attentive Text Platform is likely not subject to the ATDS regulations. The Company’s policy is to avoid text messaging with its customers in such a way that the system places calls using randomly or sequentially generated numbers. 

Calls and texts placed using the Attentive Text Platform for purposes of marketing are still subject to the TCPA’s telemarketing regulations, including the do-not-call regulations.

1.8 Manually Dialed Calls  

Manually dialed calls and text messages placed for marketing purposes are still subject to the TCPA’s telemarketing regulations, including the do-not-call regulations.

2.0 Adoption of Policies Relating to Do Not Call

2.1 Purpose.

The Company receives leads for people interested in the Company’s products through inquiries provided directly to the Company (through incoming emails, phone calls, and website forms), and third-party websites. The Company needs to communicate with these potential customers regarding available goods and services, pricing, and other details that are considered telemarketing under the TCPA. This Policy is to ensure compliance with all applicable laws regarding such communications.

2.2 Scope.

This policy addresses compliance protocols for all applicable “Do Not Call” laws and regulations regarding wired and wireless telephone communications (whether by live, artificial or pre-recorded voice, telephone facsimile machine, computer or otherwise) to any covered telephone line or number and to comply with the TCPA with respect to outbound telemarketing through calls or text messages.

2.3 Policy.

It is the Company’s policy to conduct all communications in accordance with the Telephone Consumer Protection Act while providing outstanding customer service. The Company requires both its third-party service providers and its internal personnel to comply with all applicable laws regarding marketing messages and communications to leads and potential residents. 

2.4 Applicable Rules.

a. Calling Hours. No representative of the Company shall initiate any telephone solicitation, as defined by law, to any customer or potential customer before the hour of 8:00 a.m. or after 9:00 p.m. (local time at the called party’s location).
b. Do Not Call List. The FCC has issued regulations that establish a national “Do-Not-Call” registry (“National DNC Registry”). These regulations impose financial penalties on commercial telemarketers for calling phone numbers on National DNC Registry. In accordance with the TCPA, the Company will abide by the following requirements in connection with its communications to leads generated by its third party vendors and/or internally: 
(i) The Company will not initiate a telephone solicitation to a residential telephone subscriber (including a wireless subscriber) who has registered his or her telephone number on the National DNC Registry unless an exception applies and the telephone subscriber has not requested that the Company stop calling the subscriber. 

(ii) To allow the Company a safe harbor for an inadvertent violation of this requirement, the Company has adopted these written procedures and will train its personnel on these procedures, maintain a list of telephone numbers to be excluded from contact, use a version of the National DNC Registry obtained no more than 31 days prior to the date of any call, and adopt a process for maintaining an internal DNC.

(iii) DNC Exemptions (assuming a residential number or hybrid use number).

(a) Established Business Relationship. The Company may call a customer with an Established Business Relationship with the company for up to 18 months after the customer’s last purchase or last delivery, or last payment, unless the customer asks the Company not to call again.

(b) Inquiry or Application. If a potential customer makes an inquiry to the Company, either directly or through a third-party referral source, the Company may contact that person for a period of ninety (90) days. If, within that period of time, the customer asks the Company not to call again, the Company may not call, even if the company has an Established Business Relationship with the customer.

(c) Prior Express Invitation or Permission. The Company is allowed to call a customer or potential customer who has given their express invitation or permission to receive calls, even if the customer’s number is on the National Do Not Call Registry. The customer must give express invitation or permission in writing to receive calls placed by—or on behalf of—the Company. The writing must include the customer’s phone number and signature (e-signatures, push press signatures, and click-wrap agreements all qualify).

c. Internal DNC List. The Company will maintain a “company-specific” do-not-call list (the “Internal DNC List”) in accordance with the Internal Do-Not-Call Policy attached as Addendum A (incorporated herein by reference). 
d. Pre-Recorded or Artificial Voice Messages. The Company does not authorize the use of pre-recorded messages or artificial voice messages.
e. Caller ID Information. The Company will not utilize any system that spoofs or obfuscates Caller ID information transmitted on any telemarketing calls. Any system used by the Company will, if technically feasible, include the Company’s name in the Caller ID information transmitted.
e. Federal SAN and State DNC Registration
(i) Federal SAN Number. “SAN” stands for Subscription Account Number. Any business that conducts any form of telemarketing is required to purchase a SAN on an annual basis or have access to one through a contractual relationship.

(ii) Area Codes. The FTC provides area codes for all states who operate under the FTC Do Not Call umbrella. The Company has purchased all area codes from the Federal Trade Commission for the states and areas where the Company conducts business. Federal SAN numbers do not protect the Company where states have their own DNC registration.

(iii) Use of National DNC Registry. The Company’s use of the National DNC registry will be limited to compliance with TCPA regulations and other applicable state and federal laws and regulations designed to prevent telephone solicitations to telephone numbers registered on the National DNC Registry. The Company will not sell, rent, lease, purchase, or use the National DNC Registry for any other purpose.

(iv) State DNC. There are currently 11 states that operate their own do-not-call registries: Colorado, Florida, Indiana, Louisiana, Massachusetts, Missouri, Oklahoma, Pennsylvania, Tennessee, Texas, and Wyoming.  The Company will take all necessary efforts to comply with the applicable state do-not-call regulations and registries. 

f. Auditing. The Company will complete quarterly auditing to ensure compliance with both State and Federal TCPA, FCC, and DNC guidelines. The Company has designated Current Head of Retention Marketing to conduct periodic audit reviews of the Company’s compliance.
g. Training. The Company will train all personnel during the onboarding procedure to ensure each employee understands the DNC and other calling restrictions set forth in this Policy. Annual training will occur for all employees.
h. Procedures and Disciplinary Action
(i) Cross-Checking the DNC Databases. Prior to making any telephone solicitation, a representative of the Company is required to check both the Internal DNC List and the federal and state (where applicable) DNC to ensure that no call is placed to a residential or wireless telephone subscriber listed therein unless: (i) the Company has the subscriber’s prior express permission, evidenced by a signed written agreement which states that the consumer agrees to the contact by the Company and includes the telephone number to which the call may be placed, (ii) the Company representative making the call has a personal relationship with the recipient of the call (a personal relationship means that the person called is personally known to the caller), or (iii) the Company has an “established business relationship,” as defined by law, which is such to create an expectation on the part of the consumer that a particular company will call them. 

(ii)  Disciplinary Action. In order to comply with all applicable do not call laws, each representative of the Company is subject to discipline, up to and including termination, for any failure to participate in DNC training or any failure to comply with this Policy, as well as all applicable legal provisions.

3.0 Capturing Leads – EBR and Direct Leads – Rules Regarding Telemarketing

3.1. New Leads. 

The Company uses the following methods to capture new leads:  third-party referral sources, or from inquiries directly sent to the Company through phone calls, email, or inquiries through the Company’s website. 

The following policies control attempts to contact a prospective customer within the first 90 days after the prospective customer first expresses interest in the Company’s goods and services directly to the Company or through a third-party referral source:

a. No call shall be made to a lead prior to 8:00 AM or after 9:00 PM local time of the called party.
b. The first statement by the Company employee or agent must be to provide the agent’s real name, the name of the Company, and the fact that the agent is calling in response to an inquiry made to the Company or third-party referral source (as applicable). The caller must also disclose the Company’s toll-free phone number during the call.
c. The agent should next confirm that the called party requested information about the Company’s goods and services and that should be confirmed by the called party.
d. The Internal Do-Not-Call Policy attached as Addendum A applies to all calls or text messages placed or sent to a lead and to any request received from a lead for communications to cease.
e. Any lead who has not purchased any goods or services from the Company within 90 days of the first inquiry made by the lead may only be contacted through phone or text message in accordance with the Company’s “Long-Term Lead Follow Up” procedures in Section 3.2. No calls can be placed to any lead on the National DNC Registry after 90 days unless the lead has purchased goods or services from the Company. 
g. Every Company website must include the following disclosure near any form used to gather a phone number from a lead:
By providing your contact information, you agree to be contacted by GLD Shop and consent to receive sales, marketing, and other calls or text messages. These might be sent by automated systems or with prerecorded voice messages from GLD Shop and its employees, agents, and contractors to your provided number. This applies even if your number is on a do-not-call list. Agreeing to these calls is not required to buy goods or services from us. Message and data rates might apply when contacted. Authorization may be revoked by calling GLD Shop at +1 855 252 3775 or by sending an email to support@gld.com.

3.2 Long-Term Lead Follow Up. 

The following procedures govern attempts to communicate with prospective customers who have not yet purchased products from the Company through telephone calls placed more than 90 days after the lead first expressed interest directly to the Company:

a. No call shall be placed to a lead more than 90 days after the lead first expressed interest directly to the Company or through a third-party referral source if the lead’s phone number is on the National DNC Registry, unless the lead has purchased goods or services from the Company during that 90-day period. After this 90-day period, a lead who has not yet purchased any goods or services from the Company and whose number is not on the National DNC Registry shall be placed in the Company’s customer relationship management (CRM) system. 
b. Not less than once every 31 days, the Company will scrub its database of leads in its CRM system against the National DNC Registry. Any leads in the CRM system whose numbers appear on the National DNC Registry must immediately be flagged as prohibiting all telephone communications and removed from any results sheets, lead lists, or other lists used by the Company’s employees or agents to place calls to prospective customers who have not made any purchase from the Company.
c. No call shall be made to a lead prior to 8:00 AM or after 9:00 PM local time of the called party.
d. The first statement by the Company employee or agent must be to provide the agent’s real name, the name of the Company, and the fact that the agent is calling in response to an inquiry made to the Company or its third-party referral source (as applicable). The caller must also disclose the Company’s toll-free phone number during the call.
e. The agent should next confirm that the called party requested information about the Company’s goods and services and that should be confirmed by the called party.
f. The Internal Do-Not-Call Policy attached as Addendum A applies to all calls or text messages placed or sent to a lead and to any request received from a lead for communications to cease.

3.3. Former Customer Follow Up. 

The following procedures apply to calls placed to customers who have purchased goods or services from the Company for purposes of selling additional goods or services to the customer:

a. All sales orders with customers must contain language to the following effect: 
Buyer agrees to be contacted by GLD via mail, emails, calls, and text messages regarding GLD’s products and services (including additional products and services that are not the subject of this contract) to the mailing address, email address, and phone number provided above, regardless of whether Buyer cancels this contract or is on a state or national do-not-call list. Buyer may revoke this consent at any time by emailing support@gld.com, calling +1 855 252 3775, or writing to 
The GLD Shop
30NE 25th Street
33137 Miami 

b. All sales orders must be electronically scanned and saved in the CRM system in such a way that the sales order is associated with the customer’s account in the CRM system. A copy of each sales order must be maintained and stored in a way associated with the customer’s contact information for the entire period of time the Company intends to send marketing communications to the customer and in no event less than 5 years. 
c. For existing customers whose sales orders do not contain the consent language in subsection (a): Not less than once every 31 days, the Company will scrub its database of customers in its CRM system against the National DNC Registry. Customers in the CRM system whose numbers appear on the National DNC Registry must immediately be flagged as prohibiting all telephone communications and removed from any results sheets, lead lists, or other lists used by the Company’s employees or agents to place marketing calls to existing customers.
c. No marketing call shall be made to a customer prior to 8:00 AM or after 9:00 PM local time of the called party.
d. The first statement by the Company employee or agent must be to provide the agent’s real name, the name of the Company, and the purpose of the call. The caller must also disclose the Company’s toll-free phone number during the call. 
e. The Internal Do-Not-Call Policy attached as Addendum A applies to all marketing calls or text messages placed or sent to a customer and to any request received from a customer for marketing communications to cease.

3.4. Revocation Protocol. 

Any customer or prospective customer who has opted in or consented to receive calls or texts may revoke consent to be contacted at any time through any reasonable means. The Company’s employees and agents must be trained to comply with any requests by a customer or prospective customer stating “don’t call again”; “no longer interested”; or words of similar import. If a customer or prospective customer indicates he or she is not interested or will call back if interested, the agent must identify the customer or prospective customer in the system as an invalid lead and the numbers associated with the lead should be placed on Company’s Internal DNC List in accordance with the Internal Do-Not-Call Policy attached as Addendum A.

4.0 Non-Marketing to Customers.

The Company frequently needs to communicate with customers regarding orders, customer service issues, and other informational purposes. Text messaging and calling are the two primary methods by which the Company communicates with its customers for informational or non-marketing purposes.

To avoid the limitations imposed by the TCPA upon certain automated text messages and calls (regardless of whether the text or call is considered telemarketing), the Company does not use any automated or electronically dialed calls or text messages for non-marketing communications to customers. Rather, any informational call must be manually placed by a person, and any informational text message must be manually typed and sent by a person. Such informational calls or text messages may not contain any communication directly soliciting the purchase of additional goods or services from the customer. If the customer expresses interest in purchasing additional goods or services from the Company during an informational call or text message conversation, that expression of interest may be considered an inquiry from a lead, with any follow-up marketing communications subject to the procedures set forth in Section 3.

5.0 Miscellaneous Policies and Rules

The Company will maintain all original documents for each customer, including all contracts and internal do not call requests. Such file will be reviewed prior to making any call. 

5.1 Maintain in Searchable Format. 

Maintain organized and detailed records to easily access, search and retrieve relevant data.

5.2 Document Process and Technology. 

Document the process and technology used to make each call. Maintain call logs and call recordings for four years.

6.0 Incoming Calls from Customers or Prospective Customers.

The TCPA does not apply to incoming calls. During incoming calls, it is critical to obtain all contact information of the customer or prospective customer and document that the customer or prospective customer is making an inquiry regarding the Company’s goods and services.

7.0 Wireless No-Call States.

Several states (including Wyoming, Louisiana, Arizona, New Jersey and Texas) have implemented legislation prohibiting telephone solicitations to wireless numbers. The Company does not currently do business in these states and does not intend to place telemarketing calls to customers or potential customers in those states. In the event the Company expands its marketing or operations into those states (or regulations change in states in which the Company currently conducts operations), the Company will take all necessary efforts to comply with the applicable state regulations.

8.0 Time Zones

The Company operates within the Eastern Time Zone. The TCPA restricts calls during certain hours of the day within the time zone of the called party. Information in the business records of the Company will contain a stated place of residence for the customer. If the stated place of residence matches the area code of the phone number, it can be assumed that the stated place of residence is correct. If the stated place of residence and the area code are different, note the account for further investigation. No calls to that account can be made before 8 a.m. and after 9 p.m. in ANY TIME ZONE in which the records indicate the customer may reasonably reside.

9.0 Training

All personnel will be trained on this Policy, as may be updated from time to time, during the onboarding process and at least once every 12 months after onboarding. All personnel will be trained on any changes to this Policy prior to or near the time of the adoption of those changes.