In the case of violations of Section 2.2.2 of the TFNRegistry™ Functions Tariff (which is on file with the FCC), Unlawful Uses, it is Somos®’ determination to send written notice of noncompliance (“warning letter”) that will take into account the totality of circumstances over a period of time including, but not limited to, the total number of complaints of fraud or other unlawful activity compared with the total Toll-Free Number (TFN) inventory managed by the Responsible Organization (Resp Org). Such warning letter shall state that the Resp Org is required to significantly reduce complaints of fraud using their TFNs no later than 30 days from the date of the notice or the Resp Org may be suspended.
In the event the Resp Org is suspended pursuant to the paragraph above, the Resp Org will have thirty (30) days to provide information as requested by Somos to demonstrate (i) actions taken to reduce fraud or other unlawful activity involving TFNs in their account, (ii) legitimate use of TFNs by the Resp Org and/or its customers and (iii) vetting of the Resp Org’s customers consistent with Know Your Customer (KYC) requirements established by Somos.
Upon expiration of the thirty (30) day suspension period, Somos may determine, in its sole discretion, (i) to remove the Resp Org from suspension upon providing the information requested by Somos and making a satisfactory showing that the Resp Org is significantly reducing the incidents that violate Section 2.2.2 of the tariff, or (ii) to disconnect the Resp Org. Somos may also extend the suspension period to allow the Resp Org additional time to provide required information.
After receipt of a written notice for violations of Section 2.2.2, any continued violations of Section 2.2.2 of the tariff may result in immediate suspension of the Resp Org’s service.