November 23, Predicting an agent s availability to take a call. Dialing ahead of an agent finishing a current call.

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1 HELEN MAC MURRAY November 23, 2011 To whom it may concern: Radius Solutions, Incorporated has retained the undersigned to render a legal analysis of its Radius Cell Manager program s compliance with the Telephone Consumer Protection Act (TCPA). 1 Radius Solutions sought me out to render this opinion because of my extensive work in the consumer protection field. For six years, I served as the section chief of the Ohio attorney general s consumer protection section. For the past ten years, I have been engaged in the private practice of law and have limited my practice to representing clients on federal and state consumer protection issues, including TCPA compliance. Based on these years of experience, the facts provided by Radius Solutions set forth below and for the reasons stated herein, it is the opinion of the undersigned that the Radius Cell Manager fully complies with the TCPA for use by issuers collecting their own debt and by debt collectors as defined by the Fair Debt Collection Practices Act. 2 Factual Basis Radius Solutions developed its Radius Cell Manager to assist its clients in achieving TCPA compliance and the efficient calling of cellular phone numbers. The Radius Cell Manager is both a modern telephony device and a process for the handling of cellular phone number calling through a Transfer Agent Process. The Radius Cell Manager is a device that when prompted by the Transfer Agent, calls individual phone numbers one number at a time for a live agent to answer the connected call. The Radius Cell Manager is not capable of: Predicting an agent s availability to take a call. Using multiple lines per agent to dial on. Dialing ahead of an agent finishing a current call. Storing or producing telephone numbers to be called using a random or sequential number generator U.S.C. sec U.S.C. sec. 1692(a) 6530 West Campus Oval Suite 210 New Albany, Ohio Office: Fax:

2 Page 2 The Radius Cell Manager can only call one phone number on one phone line for an individual agent at a time. There is no dialing ahead of an agent. The agent s current call must complete before his line is engaged for the next call. The Radius Cell Manager uses no prerecorded messaging or synthesized voice prompts and records each call in its entirety. The technology filters out "operator intercepts, answering machines, etc." and only passes live connects to the waiting agent. No live connects go unanswered and no calls are abandoned. The Transfer Agent Process utilizes Radius Solutions agents to initiate a call, verify the right party, initiate the transfer, introduce the consumer to the client s associate and release the call. Radius Solutions client provides the cellular phone call list, establishes a call group, approves the Transfer Agent script and sets the calling schedule. Radius Solutions also provides custom solutions to accommodate its client s security and telephony requirements. Attached as Exhibit A is a flow chart outlining the Radius Cell Manager program and a narrative outlining the process in detail. Applicable Law Although other state and federal laws and regulations may apply to the Radius Cell Manager depending upon its use, the within opinion is limited to the program s use by debt collectors and its compliance with the TCPA. In pertinent part, it provides: 227. Restrictions on use of telephone equipment 3 (a) Definitions As used in this section (1) The term automatic telephone dialing system means equipment which has the capacity (A) to store or produce telephone numbers to be called, using a random or sequential number generator; and (B) to dial such numbers. (b) Restrictions on use of automated telephone equipment (1) Prohibitions It shall be unlawful for any person within the United States, or any person outside the United States if the recipient is within the United States (A) 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 (iii) 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; 3 47 U.S.C. sec. 227

3 Page 3 Legal Analysis The Radius Cell Manager is Not an Automatic Telephone Dialing System The Radius Cell Manager is not an automatic telephone dialing system (ATDS) as defined by the TCPA because it does not have the capacity to store or produce telephone numbers to be called, using a random or sequential number generator; and to dial such numbers. As such, the TCPA s prohibition on calling cellular telephones does not apply to the Radius Cell Manager. Calls Made by Radius Cell Manager are Not Telephone Solicitations The FCC has also determined that calls made by a collector with regards to an existing debt are not telemarketing calls as defined by the TCPA. Id. As such, calls made by the Radius Cell Manager are also not subject to the TCPA s separate restrictions on telephone solicitations such as the do not call requirements. Conclusion Based on the veracity of the facts as set forth above and provided to the undersigned, it is our opinion that the Radius Cell Manager complies with the TCPA for use by debt collectors. Sincerely, Helen Mac Murray Helen Mac Murray Att.

4 Page 4 EXHIBIT A The Radius Cell Manager is located in our Jacksonville, Florida data center. The Cell Manager is configured to deeply penetrate cell phone files while using a one to one line ratio and beginning each call with a live answer. A cell phone file requires minimal data; a name, phone and file number. The client specific Transfer Agent prompts (point and click) the Cell Manager to initial the call. The Transfer Agent determines if a Right Party Contact (RPC) has occurred following a brief script approved by the client.

5 Page 5 When an RPC is verified, the Transfer Agent immediately initiates a push button warm transfer of the call to the client s call group. When the client s associate answers, the Transfer Agent introduces the consumer, releases from the call and comes ready for the next call. The Cell Manager records and logs the entire call sequence from start to finish including the clients associate which can be retrieved and made available upon request. The client provided phone number is displayed on the consumer s caller ID to direct generated inbound call traffic to the client s call center as well. Radius further provides ongoing reports and files to clients identifying: bad numbers, hang ups, successful and unsuccessful transfers, etc.