HARD CALL CONTACT AND COMPLAINTS POLICY
1. INTRODUCTION AND PURPOSE
1.1 This Contact and Complaints Policy ("Policy") sets out how HARD CALL LEGAL LLC, organized and operating from the Commonwealth of Massachusetts ("Hard Call," "we," "us," or "our"), manages general inquiries, formal complaints, regulatory notices, and dispute-related communications in connection with our communication-processing platform, websites, applications, and related services (collectively, the "Services").
1.2 This Policy is designed to withstand regulatory, judicial, and external counsel scrutiny and aligns with Applicable Law (as defined below), including frameworks governing platform liability, consumer protection, privacy, and safety such as Section 230 of the Communications Decency Act, FOSTA-SESTA, GDPR, CCPA/CPRA, DSA, COPPA, ADA, ECPA, CFAA, DMCA, state consumer protection and data breach notification laws, and Section 5 of the FTC Act.
1.3 The purpose of this Policy is to provide clear, structured mechanisms for Users and third parties to contact Hard Call, raise concerns, submit complaints (including legal and regulatory complaints), and seek resolution, while ensuring that such processes are consistent with Hard Call’s safety-focused mission and legal obligations.
1.4 This Policy supplements and is incorporated by reference into the Hard Call Terms of Service ("Terms") and Privacy Policy. In the event of conflict between this Policy and the Terms regarding complaint handling, this Policy shall control to the extent it is more specific, unless Applicable Law requires otherwise.
2. DEFINITIONS
2.1 "Applicable Law" means all applicable federal, state, local, and international laws, regulations, and rules governing consumer protection, privacy, data protection, electronic communications, accessibility, and platform liability, including without limitation GDPR, UK GDPR, CCPA/CPRA, COPPA, DSA, ADA and WCAG standards, ECPA, CFAA, FOSTA-SESTA, DMCA, PCI DSS requirements, state data breach notification laws, and Section 5 of the FTC Act.
2.2 "User" or "you" means any individual or entity that accesses or uses the Services in any capacity, including Clients, Recipients, Editors, and website visitors, as well as any person submitting a complaint, inquiry, or notice to Hard Call.
2.3 "Client" means the individual or entity that initiates a communication or message for review, refinement, and optional delivery through the Services.
2.4 "Recipient" means the individual or entity identified by the Client as the intended recipient of a message that may be sent via the Services.
2.5 "Complaint" means any expression of dissatisfaction or concern regarding the Services, Hard Call’s practices, or the behavior of Users that is submitted through the channels identified in this Policy, including but not limited to safety concerns, alleged policy violations, data protection issues, and billing disputes.
2.6 "Regulatory Complaint" means a Complaint that references or implicates rights or obligations under specific legal or regulatory frameworks, such as GDPR, CCPA/CPRA, DSA, COPPA, ADA, or consumer protection statutes.
2.7 "Contact Channels" means the designated methods for contacting Hard Call for general inquiries or complaints, as described in Section 4.
2.8 "Legal Hold" means an internal directive to preserve information relevant to litigation, regulatory investigations, law enforcement inquiries, or other legal proceedings, as further described in the Data Retention and Deletion Policy.
3. SCOPE AND RELATIONSHIP TO OTHER POLICIES
3.1 This Policy applies to all inquiries and Complaints submitted to Hard Call, regardless of the jurisdiction of the complainant, and covers: (a) user experience issues; (b) alleged violations of the Terms, Acceptable Use Policy, or other Hard Call policies; (c) safety and harassment concerns; (d) data protection and privacy concerns; and (e) potential legal or regulatory issues.
3.2 This Policy does not replace specific statutory processes that may be available to you under Applicable Law (for example, rights to file complaints directly with data protection authorities, consumer protection agencies, or courts). Those rights remain available to you in addition to the mechanisms described herein.
3.3 Certain categories of Complaints, such as DMCA notices, data protection rights requests, and payment disputes, may be subject to additional process requirements described in the Terms, Privacy Policy, Data Retention and Deletion Policy, Acceptable Use Policy, Cookies and Tracking Policy, or separate notices. In case of conflict, the more specific process shall govern for that category of Complaint.
3.4 Hard Call’s handling of Complaints is also designed to support recordkeeping, transparency, and safety obligations under DSA, GDPR, CCPA/CPRA, and analogous frameworks, including obligations to document moderation decisions, responses to notices, and risk mitigation measures.
4. CONTACT CHANNELS
4.1 You may contact Hard Call regarding general inquiries or Complaints through one or more of the following Contact Channels: (a) dedicated email addresses (for example, support, privacy, compliance, or legal); (b) in-Service contact forms or dashboards; and (c) postal mail to our registered office address. Specific addresses and forms are provided in the Terms, Privacy Policy, and on our website.
4.2 For security and privacy reasons, Hard Call may require that certain Complaints, particularly those involving account-specific details, be submitted via authenticated channels or from the email address associated with the account, and may request additional information to verify identity before providing account-specific responses.
4.3 Emergency or imminent harm situations, such as threats of violence or self-harm, should be reported first to local emergency services or law enforcement as appropriate. Hard Call is not a crisis hotline and cannot guarantee real-time intervention, though we may separately provide crisis resource information where appropriate.
4.4 Regulators, law enforcement, and other public authorities may use designated channels published by Hard Call for official notices, subpoenas, or lawful requests, and Hard Call will handle such communications in accordance with Applicable Law and internal legal review procedures.
5. TYPES OF COMPLAINTS COVERED
5.1 User Experience and Service Quality Complaints. These Complaints involve concerns about usability, delays, non-technical errors, miscommunications, or perceived deficiencies in the Services that do not primarily raise legal, safety, or rights issues.
5.2 Policy and Acceptable Use Complaints. These Complaints allege that a User, Client, or Recipient has violated the Acceptable Use Policy, Terms, or other Hard Call standards, including harassment, abusive conduct, or attempts to misuse the Services.
5.3 Safety and Harassment Complaints. These Complaints involve threats, harassment, stalking, coercive behavior, or other conduct that may create risk of physical or serious emotional harm, including possible violations of FOSTA-SESTA, criminal harassment laws, or protective orders.
5.4 Data Protection and Privacy Complaints. These Complaints involve concerns about the processing of Personal Data, exercise of data subject or consumer rights, suspected unauthorized access, or alleged violations of GDPR, CCPA/CPRA, COPPA, or similar laws.
5.5 Accessibility and ADA Complaints. These Complaints concern accessibility of the Services for individuals with disabilities, including compliance with ADA, WCAG guidelines, and other accessibility requirements.
5.6 Intellectual Property and DMCA Complaints. These Complaints assert that content processed via the Services infringes copyrights or other intellectual property rights; such Complaints must follow the DMCA procedures described in the Terms and associated notices.
5.7 Payment and Billing Complaints. These Complaints involve disputed charges, billing errors, or payment issues, which may require coordination with PCI DSS-compliant payment processors and card networks, as described in the Terms and applicable payment policies.
5.8 Regulatory and Legal Complaints. These Complaints are submitted by regulators, consumer advocates, or Users citing specific legal or regulatory frameworks; they may trigger additional documentation, reporting, and escalation obligations within Hard Call.
6. SUBMISSION REQUIREMENTS FOR COMPLAINTS
6.1 To facilitate efficient and accurate handling, Complaints should include, at a minimum: (a) your full name and contact details; (b) a clear description of the issue; (c) relevant dates and times; (d) any associated account identifiers; (e) copies or screenshots of relevant communications, where lawful to provide; and (f) any specific outcome you are seeking.
6.2 For privacy and safety reasons, you shall not include excessive or unnecessary sensitive information in a Complaint (such as full government IDs, full payment card numbers, or health records) unless explicitly requested by Hard Call for verification and submitted through secure channels.
6.3 Hard Call may request additional information to verify your identity, clarify the nature of the Complaint, or obtain consent from affected individuals before disclosing account-related information, as required by GDPR, CCPA/CPRA, ECPA, or other Applicable Laws.
6.4 Hard Call may decline or limit responses to Complaints that are manifestly unfounded, repetitive, abusive, or submitted in bad faith, while preserving relevant records for safety and legal purposes.
7. ACKNOWLEDGMENT AND RESPONSE TIMELINES
7.1 Hard Call will acknowledge receipt of Complaints submitted via designated Contact Channels within a reasonable timeframe, typically within ten (10) business days, subject to operational constraints and Applicable Law.
7.2 Substantive responses to Complaints will be provided as soon as reasonably practicable, taking into account the complexity and severity of the issue, the need for internal investigation, and any legal or safety considerations. Certain categories of Complaints, such as data subject rights requests under GDPR or CCPA/CPRA, may have specific statutory timelines that Hard Call will endeavor to meet.
7.3 Where Hard Call cannot provide a full response within the applicable timeframe, we may provide an interim update indicating that the Complaint is under review and outlining expected next steps, subject to confidentiality and legal constraints.
7.4 Nothing in this Policy guarantees a specific outcome or resolution within a fixed timeframe for every Complaint, particularly where external factors or third-party cooperation are required.
8. INVESTIGATION AND ASSESSMENT OF COMPLAINTS
8.1 Hard Call will investigate Complaints in a manner that is proportionate to the nature, severity, and potential impact of the issue, taking into account safety risks, systemic implications, and legal obligations under Applicable Law, including DSA risk mitigation expectations where applicable.
8.2 Investigations may include review of relevant logs, message content, metadata, prior enforcement actions, system configuration, and communications with Users, subject to ECPA, privacy, and confidentiality obligations.
8.3 Where necessary, Hard Call may temporarily limit or suspend access to certain accounts, features, or content while a Complaint is under investigation, particularly where there are credible safety or legal concerns.
8.4 Hard Call maintains internal documentation of investigations and outcomes as part of its compliance and risk management programs, and such records may be subject to Legal Holds, data protection obligations, and audit requirements.
9. OUTCOMES, REMEDIES, AND COMMUNICATION
9.1 Upon completing an investigation, Hard Call will determine an appropriate outcome, which may include: (a) no action if no violation or issue is found; (b) clarification or guidance; (c) correction of an error or misconfiguration; (d) modification, blocking, or removal of content; (e) adjustment of account settings or access; (f) refunds or billing adjustments where appropriate; or (g) referral to law enforcement or regulators where legally required or appropriate.
9.2 Hard Call will communicate the core outcome of the Complaint to the complainant, subject to legal, privacy, and safety constraints. In certain cases, we may be limited in the level of detail we can share about actions taken with respect to other Users or content.
9.3 Where a Complaint reveals systemic risks or recurring issues, Hard Call may implement broader remedial measures, such as updating policies, improving training, enhancing Hard Call Automation, or modifying platform design, consistent with its legal obligations and risk-based safety framework.
9.4 Hard Call’s decision on a Complaint does not waive or limit any rights or defenses available under Section 230, DSA, or other safe harbor provisions for good-faith moderation decisions.
10. ESCALATION AND APPEALS
10.1 If you disagree with the outcome of a Complaint, you may request a review or escalation by replying through the same Contact Channel, clearly identifying the original Complaint and explaining the basis for your disagreement.
10.2 Hard Call may, in its discretion and where appropriate, route escalated Complaints to a different internal reviewer or senior decision-maker, particularly in cases involving safety, legal, or regulatory implications.
10.3 Escalation procedures are without prejudice to your rights under Applicable Law to bring concerns to regulators, data protection authorities, consumer protection agencies, or courts.
10.4 Repeated appeals that do not raise new facts or legal arguments may be closed after reasonable review and communication, subject to ongoing monitoring for any new information relevant to safety or compliance.
11. ACCESSIBILITY AND ADA COMPLIANCE
11.1 Hard Call is committed to providing accessible contact and Complaint mechanisms consistent with the Americans with Disabilities Act (ADA), applicable state laws, and relevant WCAG guidelines.
11.2 Users with disabilities may request reasonable accommodations to submit Complaints or receive responses in accessible formats. Hard Call will evaluate such requests on a case-by-case basis and implement accommodations to the extent required by law and reasonably feasible.
11.3 Accessibility-related Complaints will be treated as a priority category, particularly where they materially affect a User’s ability to access safety-related features or exercise legal rights.
12. DATA PROTECTION, CONFIDENTIALITY, AND PRIVACY
12.1 Information provided in Complaints, including Personal Data, will be processed in accordance with the Privacy Policy and Applicable Law. This includes processing for the purposes of investigation, risk management, legal compliance, and improvement of the Services.
12.2 Hard Call will limit access to Complaint-related information to personnel with a legitimate need to know, including compliance, legal, safety, and operational teams, and will apply appropriate technical and organizational measures to protect such information.
12.3 Hard Call may share Complaint-related information with third parties such as payment processors, hosting providers, professional advisors, or law enforcement where necessary to investigate or resolve the Complaint or to comply with legal obligations, subject to confidentiality and data protection safeguards.
12.4 Complaint records may be retained for periods consistent with the Data Retention and Deletion Policy, including any applicable Legal Holds, statutory limitation periods, and regulatory recordkeeping requirements.
13. NON-RETALIATION AND GOOD-FAITH REPORTING
13.1 Hard Call will not retaliate against Users who submit Complaints in good faith, including complaints alleging legal, safety, accessibility, or privacy violations. Good-faith reporting is an important component of Hard Call’s safety and compliance programs.
13.2 Retaliation by other Users, including harassment or attempts to intimidate complainants, is prohibited under the Acceptable Use Policy and may result in enforcement action, including suspension or termination of accounts and reporting to relevant authorities where appropriate.
13.3 Hard Call reserves the right to take appropriate action against individuals who knowingly submit malicious, fraudulent, or bad-faith Complaints, including limiting access to Complaint channels, consistent with Applicable Law and the Terms.
14. INTERACTION WITH LAW ENFORCEMENT AND REGULATORS
14.1 Hard Call may receive Complaints, notices, or requests from law enforcement agencies, regulators, or other public authorities. Such communications will be handled by designated legal and compliance personnel and evaluated for legal validity and scope under ECPA, CFAA, data protection laws, and other Applicable Laws.
14.2 Where legally required or permitted, Hard Call may disclose Complaint-related information, user data, or records to authorities in response to lawful requests, subpoenas, court orders, or regulatory inquiries, while seeking to limit disclosures to what is necessary and proportionate.
14.3 Hard Call may also proactively refer matters to law enforcement or regulators where there is a credible risk of serious harm, child exploitation, trafficking, or other serious offenses, consistent with FOSTA-SESTA, mandatory reporting laws, and risk-based obligations under DSA and analogous frameworks.
14.4 To the fullest extent permitted by law, Hard Call’s cooperation with authorities does not create duties to any private party and does not waive Hard Call’s rights or defenses under Section 230, DSA, or other safe harbor provisions.
15. INDEMNIFICATION, LIMITATION OF LIABILITY, AND ENFORCEMENT
15.1 To the fullest extent permitted by law, your obligations to indemnify, defend, and hold harmless Hard Call for claims arising out of or relating to your use of the Services, including conduct that is the subject of a Complaint, are governed by the indemnification provisions of the Terms, which are incorporated by reference into this Policy.
15.2 Any limitations on Hard Call’s liability for actions or omissions relating to Complaints, investigations, or outcomes are governed by the limitation of liability and disclaimers of warranties in the Terms. This includes limitations on liability for good-faith moderation and enforcement decisions.
15.3 Nothing in this Policy is intended to waive or limit statutory rights you may have under non-waivable laws, nor to waive any protections or defenses available to Hard Call under Section 230, DSA, or analogous safe harbor frameworks for online intermediaries.
15.4 Hard Call’s internal enforcement of this Policy is subject to periodic audit and review as part of its governance, risk, and compliance programs, and non-compliance by personnel or service providers may result in remedial or disciplinary action consistent with applicable contracts and laws.
16. GOVERNING LAW, DISPUTE RESOLUTION, AND SURVIVAL
16.1 This Policy is governed by the same governing law specified in the Terms, typically the laws of the Commonwealth of Massachusetts and the United States, without regard to conflict of law rules, except where non-waivable local law requires otherwise.
16.2 Any disputes arising out of or relating to this Policy, including disputes over handling of Complaints or outcomes, shall be resolved in accordance with the dispute resolution, arbitration, and class action waiver provisions set forth in the Terms, to the fullest extent permitted by law.
16.3 Sections of this Policy that by their nature should survive termination of the Services or closure of an account, including those relating to Legal Holds, confidentiality, non-retaliation, limitation of liability, and interaction with law enforcement, shall survive for as long as necessary to fulfill their purpose and comply with Applicable Law.
17. CHANGES TO THIS CONTACT AND COMPLAINTS POLICY
17.1 Hard Call may update this Policy from time to time to reflect changes in legal requirements, regulatory expectations, industry standards, or internal processes. When material changes are made, we will provide notice consistent with the Terms, such as updating the "Last Updated" date, posting a notice in the Services, or sending email notifications.
17.2 Unless otherwise stated, changes to this Policy take effect when posted. Your continued use of the Services after the effective date of an updated Policy constitutes your acknowledgment of the changes, to the extent permitted by law. If you do not agree with the updated Policy, you shall stop using the Services.
17.3 Where GDPR, CCPA/CPRA, DSA, or other frameworks impose specific requirements for changes to complaint-handling processes, Hard Call will comply with those requirements in addition to the provisions of this Policy.
18. CONTACT INFORMATION
18.1 If you have questions or concerns about this Policy, wish to submit a Complaint, or seek further information about Hard Call’s complaint-handling processes, you may contact us at: HARD CALL LEGAL LLC, TWO LOWELL AVENUE, WINCHESTER, MA 01890], Attn: Compliance and Complaints, and INFO@HARDCALL.COM.
18.2 If GDPR or UK GDPR applies, you may also have the right to lodge a complaint with your local data protection authority. If CCPA/CPRA or other U.S. state privacy laws apply, you may have additional rights described in the Privacy Policy, which you may exercise independently of this Policy.
18.3 Hard Call will review and respond to contact and Complaint-related inquiries in good faith and in accordance with Applicable Law, while prioritizing the safety, privacy, and rights of all Users.