Fair Credit Reporting Act (FCRA)
Summary of Your Rights Under the Fair Credit Reporting Act. The Federal Fair Credit Reporting Act (FCRA) promotes the accuracy, fairness, and privacy of information in the files of consumer reporting agencies. There are many types of consumer reporting agencies, including credit bureaus and specialty agencies (such as agencies that sell information about check writing histories, medical records, and rental history records). For more information, including information about additional rights, click here or write to:
Consumer Financial Protection Bureau
1700 G Street N.W.
Washington, DC 20552
States may enforce the FCRA, and many states have their own consumer reporting laws. In some cases, you may have more rights under state law. For more information, contact your state or local consumer protection agency or your state Attorney General. For information about your federal rights, contact:
Federal Trade Commission: Consumer Response Center - FCRA
Washington, DC 20580
1-877-382-4357
Title IV Participation
American College of Education (ACE) holds an Eligibility and Certification Approval Report (ECAR) and a Program Participation Agreement (PPA) from the US Department of Education. Although ACE is approved to participate in federal loan programs, ACE has not requested certification and does not actively participate in U.S. Department of Education Title IV federal loan programs.
However, ACE (USDOE OPE ID: 04151300) is approved by the United States Department of Education for in-school deferments.
Students who are actively enrolled in ACE may be eligible for Federal Student Loan Deferment of federal loans from previous educational institutions.
Students can contact an enrollment counselor at 1-800-280-0307, option 2 for more information about in-school loan deferment of existing federal loans while attending ACE. Please visit the tuition page for more information.
Accessibility Statement
American College of Education is committed to continuously improve digital accessibility for people with disabilities. The ACE.edu website follows best practice design guidelines and follows Web Content Accessibility Guidelines (WCAG) to improve accessibility for people with disabilities.
The ACE.edu site uses standard HTML syntax for our content and has Accessible Rich Internet Applications The content structure, as well as the navigation and consistent use of components across the site is utilized for increased accessibility Additionally , the College completes regular self-assurance assessment reviews, of accessibility and applies the relevant technologies, as applicable to ensure continued and improved accessibility.
The College also provides an accessibility statement with contact information for individuals to inquire or provide recommendations for continued and or improved ACE.edu accessibility.
The Web Content Accessibility Guidelines (WCAG) defines requirements for designers and developers to improve accessibility for people with disabilities.
American College of Education is committed to continuously improve digital accessibility for people with disabilities. The College completes regular self-assurance assessments of accessibility and applies the relevant technologies, as applicable to ensure continued and improved accessibility.
We welcome your feedback on the accessibility of ACE.edu. Please let us know if you encounter accessibility barriers on ACE.edu by contacting the College’s Disability Support Services at 1-877-670-4523 or by email at [email protected]
National Do Not Call Laws
Telemarketing is regulated at the federal level by two statutes: The Telephone Consumer Protection Act of 1991 (TCPA) and the Telemarketing Sales Rule (TSR).
The Federal Communications Commission (FCC) derives its regulatory authority from TCPA, while the Federal Trade Commission (FTC) is responsible for enforcing TSR.
The FTC and FCC maintain a national Do-Not-Call law (DNC) list. It is a violation to call numbers on the national Do Not Call law list unless you have an exemption. Possible national Do-Not-Call law exemptions for telemarketers include:
1. Prior Written Consent - prior express written consent is a written agreement between the caller and the receiver of the call that clearly authorizes the caller to deliver “advertisements or telemarketing messages using an automatic telephone dialing system (ATDS) or an artificial pre-recorded voice.” It is unlawful to place a telemarketing call that delivers a prerecorded message unless the seller has obtained the recipient’s prior written agreement to receive such calls. This type of consent must specify the phone number to be called and must also include the receiver’s written or electronic signature, which may be a signed piece of paper, or simply a button press affirming the agreement.
2. Established Business Relationship/EBR - they previously purchased something from you within last 18 months or they contacted you to inquire about your products/services within the last 3 months.
3. Informational - your call is not telemarketing because you do not make any sales presentation on the phone and your call is not part of a broader plan intended to ultimately result in a sale.
4. Calls by tax exempt, non-profit entities.
5. Business to business calls.
National time limit for exemption from DNC
There is no time limit or expiration date on consent. Express written consent controls even if name is put on DNC list after consent is obtained*.
ACE requires express written consent as a standard rule to initiate contact and maintains an internal prospective student and enrolled student DNC, SMS text messaging and email opt-out list, as applicable.
However, consent is tied to the called party, not the phone number. If a number is reassigned to a new person, whatever consent you may have had for that number is no longer valid. Also, consumers can revoke their consent at any time and by any means.
*It is unlawful for any person to make any call (other than a call made for emergency purposes or made with express prior consent) using any automatic telephone dialing system or any artificial or prerecorded voice message to wireless numbers. This law applies regardless of whether the number is listed on the national Do-Not-Call list.
A person will not be liable for violating the prohibition when the call is placed to a wireless number that has been ported from wireline service and such call is a voice call; not knowingly made to a wireless number; and made within 15 days of the porting of the number from wireline to wireless service, provided the number is not already on the national do-not-call registry or caller’s company-specific do-not-call list.
FYI Only: If we contact without prior consent, then telemarketers must purchase the DNC database and regularly scrub against the updated list. When a call center first registers to obtain the Do-Not-Call list, they will be assigned a business-specific “Subscription Account Number.”
Telemarketers and sellers must remove numbers added to the Registry from their call lists at least every 31 days. The Telephone Consumer Protection Act (“TCPA”) and the Telemarketing Sales Rule (“TSR”) both provide a safe harbor for entities making telephone solicitations if they meet certain requirements and “scrub” no more than 31 days prior to the date that any call is made.
It is recommended that telemarketers scrub their list on the 15th or 16th of each month for compliance.
State time limit for exemption from DNC
Separate from the National DNC list, there are 12 states which have their own local State Do-Not-Call lists. These states also have rules that provide a prior written consent exemption from the state do not call list. The states which have state Do Not Call lists are:
Colorado, Florida, Indiana, Louisiana, Massachusetts, Mississippi, Missouri, Oklahoma, Pennsylvania, Tennessee, Texas, and Wyoming.
Written consent controls even if name is put on DNC list after consent is obtained. There are some states that have a time limit or expiration date on prior written consent. And those states are noted on the DNC contact time/holiday restriction grid.
ACE requires express written consent as a standard rule to initiate contact and maintains an internal prospective student and enrolled student DNC, SMS text messaging and email opt-out list, as applicable.
FYI Only: If ACE calls into those states, without prior written consent, they will be required to purchase and scrub against those state DNC lists.
Most states are either silent or have no restrictions or requirements on how frequently you must “scrub” against a state “do-not-call” list. And most states adopt the federal standard which requires “scrubbing” the “do-not-call” list no more than 31 days prior to the date that any call is made.
However, most states publish updated do not call registration lists on a quarterly basis Because several states publish their updates quarterly, you should “scrub” against these quarterly updates as quickly as possible.
Internal DNC opt-out list
Aside from the national and state Do Not Call law lists, you must also keep an internal DNC opt-out list.
- You are required to honor all opt-out requests regardless of how you receive them.
- You must also honor opt-outs received in writing, from a separate inbound call, email or otherwise.
- You must store all opt-out data and regularly scrub calling lists against this list (“internal DNC” or “entity-specific DNC”).
- You need to honor internal DNC requests and maintain opt-outs indefinitely.
- Make sure your phone agents are trained about how to handle opt-out requests.
- Have an internal Do Not Call law policy which contains instructions for handling an opt-out.
- May remove from opt-out list if new consent is granted.
Internal DNC and Opt-out list maintenance
ACE will honor internal DNC requests and maintain opt-outs indefinitely, until opt-in is received. Although ACE requires express written consent as a standard rule to initiate contact and maintains an internal prospective student and enrolled student DNC, SMS text messaging and email opt-out list, as applicable, ACE will scrub internal DNC list against Federal and state DNC registration lists on an annual cycle.
SAFE HARBOR
The TSR has a “safe harbor” for inadvertent calls to consumers on the DNC. To take advantage of the safe harbor, sellers and telemarketers must show that as part of their routine business practices, they satisfy all of the below-summarized requirements. If they can make this showing, they will not be subject to civil penalties or sanctions for mistakenly calling a consumer who has asked not to receive further calls or for calling a consumer on the DNC.
- The seller or telemarketer has established and implemented written procedures to honor consumers’ requests not to be called.
- The seller or telemarketer has trained its personnel, along with any entity assisting in its compliance, in these procedures.
- The seller, telemarketer, and anyone else acting on behalf of the seller or charitable organization has maintained and recorded an entity specific or internal Do Not Call list.
- The seller or telemarketer uses and maintains records documenting a process to prevent calls to numbers on an entity specific Do Not Call list and the national DNC.
- The seller, telemarketer, and anyone else acting on behalf of the seller or charitable organization monitors and enforces compliance with the entity’s written Do Not Call procedures.
- The call at issue resulted from an error.
CALL ABANDONMENT
The TSR prohibits telemarketers from abandoning outbound telephone calls. Abandonment occurs if a consumer answers the call and the telemarketer does not connect the call to a sales representative within two seconds of the consumer’s greeting. The use of prerecorded message telemarketing violates the TSR.
Despite the foregoing, there is a safe harbor to protect telemarketers against limited, inadvertent call abandonment. This safe harbor provides that a telemarketer does not violate the TSR if it complies with the following requirements:
- The telemarketer uses technology that ensures abandonment of no more than three percent of all calls answered by a live person.
- The telemarketer allows the telephone to ring for 15 seconds or four rings before disconnecting an unanswered call.
- The telemarketer plays a recorded message stating the name and telephone number of the seller on whose behalf the call was placed whenever a live sales representative is unavailable within two seconds of a live person answering the call.
- The telemarketer maintains records documenting adherence to the requirements above.
State and Federal calling time/holiday restrictions
However, as the Federal DNC and State DNC rules require both registered and exempt telemarketers to comply with telemarketing/solicitation contact hours and holiday restrictions a supplemental calling time/holiday hours restrictions grid has been added to the DNC SOP for ACE internal use.
DNC contact time/holiday restriction grid.
ACE Request for Information (RFI) Consent Statement
As related to the TCPA, TSR and Stat DNC rules, all public facing materials, and electronic forms and third-party portals where prospects may enter their contact information for the first time must be accompanied by the following ACE Request for Information Consent Statement within the area of contact information collection
For all purposes the full version of the ACE RFI statement must be used on any materials where contact information is gathered for the first time.
Use of the short version is subject to prior approval by the Chief Marketing Officer or the Director of Regulatory Affairs and Compliance.
Furthermore, all RFI statements must be accompanied by reference and link to ACE’s privacy policy, as shown in the following:
RFI General
By clicking “REQUEST INFO”, Express consent is given to be contacted by American College of Education (ACE) regarding educational services by email, telephone or text at the email address(es), telephone number(s) provided. Message/data rates may apply. I consent to receive autodialed/pre-recorded telemarketing calls from or on behalf of ACE. I understand my consent is not a condition to enroll or acceptance into any ACE academic program. View Privacy Policy.
- Short Version - (Requires Approval before use)
By submitting you consent to receive information from American College of Education via email, phone, or text. View Privacy Policy. (or View privacy policy at ACE.edu).
RFI Contest/raffle entry
By clicking “ENTER Express consent is given to be contacted by American College of Education (ACE) regarding educational services by email, telephone or text at the email address(es), telephone number(s) provided. Message/data rates may apply. I consent to receive autodialed/pre-recorded telemarketing calls from or on behalf of ACE. I understand my consent is not a condition to enroll or acceptance into any ACE academic program. View Privacy Policy. (or View privacy policy at ACE.edu).
- Short Version - (Requires Approval before use)
By submitting you consent to receive information from American College of Education via email, phone or text. Consent is not a requirement for contest entry. View Privacy Policy (or View privacy policy at ACE.edu).
FERPA Annual Notice and School Official Non-Disclosure Requirement
ACE will annually inform individuals in attendance of their rights under Family Educational Rights and Privacy Act (FERPA), including the right to consent to disclosure of personally identifiable information contained in their education records, the right to opt out of the disclosure of “directory information,” the right to review and seek correction of education records, and the right to file a complaint with the Department of Education concerning the College’s alleged failure to comply with FERPA.
FERPA defines education records as those that are maintained by ACE, or a party acting on ACE’s behalf, and directly related and personally identifiable to a student. However, the FERPA does allow for the release of specific student personally identifiable information (PII) “directory information” without obtaining prior consent of the student if the disclosure meets certain conditions permitted under FERPA.
Students wishing to prevent disclosure of the designated directory information from education records should log into the Student MyACE Portal and access My FERPA request under My Profile.
In the event such notification is not filed, the ACE assumes the student does not object to the release of the directory information. As the directory information released is limited to the current term or the previous term, if the notification is received between terms, the student must specify whether the notification applies to the previous term or upcoming term.
Further, students must be in an “enrolled” status to submit such notification. FERPA specifically excludes a student’s right to object to the disclosure of their name, identifier, and ACE email address in a class in which they are enrolled.
- ACE FERPA Procedures Included in this guide are standard operating procedures for American College of Education Inc as related to the Family Educational Rights and Privacy Act (FERPA).
Policy Statement: The College will support and comply with the Family Education Rights and Privacy Act of 1974.
Procedures and Responsibilities
- Annual Notice of Students’ Rights under FERPA - American College of Education publishes an annual notice on FERPA in the Student Handbook and on ace.edu that summarizes student records and privacy rights. In addition, student services email an annual notice to all students in student commons on the first day of classes each spring term.
- FERPA Training for Faculty/Staff - American College of Education conducts annual FERPA training through the Learning Management System (LMS). In addition, annual email notifications to all employees are sent as a reminder of FERPA guidelines.
- Complaints - Complaints regarding failure to comply with FERPA regulations may be submitted to the Family Policy Compliance Office, US Department of Education, 400 Maryland Ave SW, Washington, DC 20202-8520.
- School Official - Non-Disclosure Requirement
Under ACE’s privacy policy that ACE will not share, provide, or sell Personal Information with third parties for their marketing purposes, ACE requires that all individuals, corporations, university or collegial partnerships, limited liability companies, associations, joint ventures, or other entities contracted with the College who may receive and provide or exchange prospective or current student personal information or data that is not aggregated to be designated as a School Official under the College’s Non-Disclosure Agreement or an approved unilateral Mutual Non-Disclosure Agreement (MNDA), or inclusive of the contracted terms and conditions.
All individuals, corporations, university or collegial partnerships, limited liability companies, associations, joint ventures, or other entities contracted with the College as School Officials must have on file an executed Non-Disclosure Agreement or an approved unilateral MNDA agreement or be noted as inclusive of the contracted terms and conditions to share any information.
ACE Messenger Terms & Conditions of Service
ACE Messenger - Short Code 96414
When you opt-in, or by texting START from your cell phone number, you are providing your consent to subscribe and receive reoccuring student updates and announceemnt from American College of Education sent by the ACE Messenger SMS/Text messaging. We will send you a message to confirm your signup for ACE Messenger. You may subscribe or unsubscribe from ACE’s text messaging services at any time as follows. Message and data rates may apply. View Privacy Policy
How do I subscribe or unsubscribe from ACE text messaging (SMS) services?
- To start or restart text messages, text “START” to 96414. You will receive a text message confirming your request to start.
- To stop text messages, text “STOP” to 96414. You will receive a final text confirming you have been unsubscribed from ACE text messages.
For questions about ACE text messages and subscribing or unsubscribing Text “HELP” to 96414 for help, or please email us at [email protected] or by contacting Enrollment Services or Student Support during the hours of operation as shown above.
If you have any questions about your text plan or data plan, it is best to contact your wireless provide or carrier*.
*Participating carriers: AT&T, Verizon Wireless, Sprint, T-Mobile, U.S. Cellular, Boost Mobile, MetroPCS, Virgin Mobile, Alaska Communications Systems (ACS), Appalachian Wireless (EKN), Bluegrass Cellular, Cellular One of East Central, IL (ECIT), Cellular One of Northeast Pennsylvania, Cricket, Coral Wireless (Mobi PCS), COX, Cross, Element Mobile (Flat Wireless), Epic Touch (Elkhart Telephone), GCI, Golden State, Hawkeye (Chat Mobility), Hawkeye (NW Missouri), Illinois Valley Cellular, Inland Cellular, iWireless (Iowa Wireless), Keystone Wireless (Immix Wireless/PC Man), Mosaic (Consolidated or CTC Telecom), Nex-Tech Wireless, NTelos, Panhandle Communications, Pioneer, Plateau (Texas RSA 3 Ltd), Revol, RINA, Simmetry (TMP Corporation), Thumb Cellular, Union Wireless, United Wireless, Viaero Wireless, and West Central (WCC or 5 Star Wireless). T-Mobile is not liable for delayed or undelivered messages
|