LegalSMS Messaging Policy
Last updated: January 1, 2025
1. Overview
GrowMoreClients enables businesses to send SMS messages to their contacts for appointment reminders, follow-ups, and marketing communications. This SMS Policy outlines the rules governing SMS use on our platform. All users must comply with this policy, the Telephone Consumer Protection Act (TCPA), and carrier A2P 10DLC requirements.
2. Consent Requirements
Before sending any SMS message to a contact, you must have obtained prior express written consent. This means:
- The recipient must have clearly and voluntarily agreed to receive SMS messages from your business
- Consent must be documented and timestamped
- Consent cannot be a condition of purchase or service
- For marketing SMS, written consent is required. For transactional messages (appointment reminders), prior express consent may suffice depending on jurisdiction
3. Message Content Requirements
All SMS messages sent through GrowMoreClients must:
- Clearly identify your business name in the message
- Include opt-out instructions (e.g., "Reply STOP to unsubscribe") for marketing messages
- Not contain deceptive, misleading, or fraudulent content
- Comply with all applicable laws including CAN-SPAM and TCPA
- Not include prohibited content such as adult content, hate speech, or illegal offers
4. Opt-Out and Opt-In Management
Our platform automatically processes opt-out requests. When a contact replies STOP, UNSUBSCRIBE, CANCEL, END, or QUIT:
- They are immediately removed from all marketing SMS lists
- An opt-out confirmation message is sent automatically
- Their opt-out status is recorded and honored for all future messages
- You may not contact them again via SMS without a new opt-in
Contacts may opt back in by replying START or by completing a new opt-in process.
5. A2P 10DLC Compliance
All SMS sent through our platform uses registered A2P 10DLC numbers. This means:
- Your business is registered with The Campaign Registry (TCR)
- Your messaging use case is approved by carriers
- Message throughput is limited to carrier-approved volumes
- Spam filtering may apply to non-compliant messages
6. Prohibited SMS Uses
You may not use our SMS feature to send:
- Unsolicited commercial messages (spam)
- Messages to contacts who have opted out
- Messages containing illegal offers or content
- Phishing, scam, or deceptive messages
- Messages that violate HIPAA (PHI must not be transmitted in unencrypted SMS)
- High-volume political messaging without appropriate registration
7. HIPAA and SMS
Standard SMS is not considered HIPAA-secure. Do not include Protected Health Information (PHI) in SMS messages unless using a HIPAA-secure messaging channel. Appointment reminders may include time and provider name but should not include diagnosis, treatment information, or other PHI.
8. Violations
Violation of this SMS Policy may result in immediate suspension of SMS capabilities, account termination, and you may be liable for any fines, penalties, or legal costs resulting from your violations.
9. Contact
Questions about SMS compliance: sales@cowaty.com