TCPA Website Compliance Policy
Effective Date: 05/06/2025
Applies To: NEXA Mortgage, LLC and its digital platforms, including NEXA100.com
1. Purpose
This policy is designed to ensure compliance with the Telephone Consumer Protection Act (TCPA) and related Federal Communications Commission (FCC) regulations. It governs how NEXA Mortgage and users of NEXA100.com obtain, document, and manage consumer consent for telephone and text message communications.
2. Scope
This policy applies to:
Communications made via voice call or SMS (text messages)
Communications that use auto-dialing systems or pre-recorded voice messages
All visitors, leads, and customers who interact with NEXA100.com or are contacted through NEXA Mortgage’s marketing and sales systems
3. TCPA Overview
The TCPA regulates the following:
Use of automated dialing systems (ATDS) for calls and texts
Pre-recorded voice messages
Telemarketing and solicitation calls
Do Not Call (DNC) Registry requirements
Express written consent for marketing communications
Violations can result in substantial fines, including $500 to $1,500 per call/text made in violation.
4. User Consent Requirements
4.1 Express Written Consent
NEXA Mortgage obtains prior express written consent before placing:
Telemarketing calls using an ATDS
Pre-recorded voice messages
SMS messages for promotional purposes
This consent must be:
Clear and conspicuous
Not a condition of purchasing goods or services
Logged and stored in a secure, timestamped system (e.g., CRM, form entry logs)
4.2 How Consent is Collected
Via webforms on NEXA100.com (with checkboxes and full disclosure)
Via verbal recording (for phone-based opt-ins)
Via text-to-opt-in (SMS shortcode consent collection)
Consent language example:
“By submitting this form, you agree to receive calls, texts, or emails from NEXA Mortgage representatives at the phone number or email address provided. You understand that these communications may be made using an autodialer and that consent is not a condition of purchase.”
5. Opt-Out Mechanisms
NEXA100.com and all outbound communication provide clear opt-out methods:
SMS/Text: Users can reply with “STOP” to opt out
Email: Each email includes an unsubscribe link
Calls: Agents are trained to respect verbal opt-out requests
Webform: Users can update preferences or withdraw consent
All opt-outs are logged and honored within 10 business days, per FCC guidelines.
6. Do Not Call (DNC) List Compliance
NEXA Mortgage complies with:
National DNC Registry: Numbers are scrubbed against it prior to calling
Internal DNC List: Maintains an internal list of customers who request not to be contacted
This list is reviewed and updated regularly.
7. Data Security and Record Retention
All consent records (including timestamps, IP addresses, form submissions, and call recordings) are stored securely for a minimum of 5 years.
Data is protected through:
Role-based access controls
SSL encryption for form submissions
Secure, backed-up storage infrastructure
8. Training and Oversight
All NEXA Mortgage employees and affiliates are:
Trained upon onboarding on TCPA requirements
Provided annual refreshers
Required to acknowledge this policy and its legal importance
The Compliance Team performs periodic audits and spot-checks.
9. Third-Party Platforms and Vendors
Vendors and CRM systems (e.g., lead providers, texting platforms) must:
Be vetted for TCPA compliance
Provide APIs or tools for managing opt-in/out and consent logs
Sign a Business Associate Agreement (BAA) or similar compliance contract
10. Violation Consequences
Violations of this policy may result in:
Immediate suspension of communication privileges
Formal reprimand or termination (for employees)
Legal action and liability under the TCPA
11. Contact and Complaints
Users can report TCPA-related concerns to:
NEXA Mortgage Compliance Department
Email: compliance@nexamortgage.com
Phone: 602-344-9333
Address: 5559 S Sossaman Rd, Suite 101, Mesa, AZ
