At Text Torrent INC, compliance is not optional — it is the foundation of lawful and ethical text messaging. This guide sets forth our company’s standards for SMS marketing and communications under the Telephone Consumer Protection Act (TCPA), the Cellular Telecommunications Industry Association (CTIA) guidelines, and applicable state privacy laws.

Our goal is twofold:

1. Protect consumers’ rights by ensuring all communications are transparent, consensual, and respectful.

2. Protect our clients by minimizing legal and reputational risks associated with non-compliant messaging.

1. TCPA (Telephone Consumer Protection Act)

The TCPA is the primary federal statute governing SMS marketing. It requires:

• Prior express written consent before sending promotional text messages using automated systems.
• Time-of-day restrictions: messages may only be sent between 8 a.m. and 9 p.m. local time of the recipient.
• Respect for the National Do Not Call (DNC) Registry and maintenance of an internal Do Not Contact list.
• Statutory damages for violations, ranging from $500 per message (negligent) to $1,500 per message (willful).

2. CTIA Messaging Principles

The CTIA sets industry best practices that carriers enforce. These require:

• Clear identification of the sender in every message.
• Transparent disclosures about the nature, frequency, and cost of messages.
• Functional opt-out mechanisms such as “STOP” or “UNSUBSCRIBE,” honored without delay.
• Prohibited content enforcement (e.g., messages involving unlawful financial products, hate speech, or deceptive practices).

3. State Laws

Several states have adopted their own “mini-TCPA” statutes, imposing additional requirements such as shorter permissible messaging hours or enhanced consent rules. Text Torrent INC monitors these developments continuously to ensure full compliance across all jurisdictions.

Express Written Consent

Before a promotional text message can be delivered:

• Consumers must affirmatively agree to receive such messages.
• Consent must be documented (e.g., signed forms, website checkboxes, or verified text-to-join processes).
• Pre-checked boxes, implied consent, or buried disclosures do not satisfy the law.

Mandatory Disclosures at Opt-In

The opt-in process must clearly state:

1. The identity of the sender (Text Torrent INC or the client’s brand).

2. The purpose and type of messages (e.g., promotions, reminders, updates).

3. The expected frequency of messages.

4. Notice of potential carrier charges (“Message and data rates may apply”).

5. Instructions on how to opt out.

Every message sent through Text Torrent must include:

• Sender Identification: who the message is from.
• Opt-Out Language: clear instructions such as “Reply STOP to unsubscribe.”
• Lawful and accurate content: no misleading claims, no prohibited financial offers, no deceptive wording.
• Length and clarity: concise, professional, and under the 160-character segment limit where possible.

• Messages are limited to 8 a.m.–9 p.m. recipient local time.
• Frequency must align with what the consumer was told at opt-in.
• High-frequency or “message blasting” without consumer expectation is prohibited.

• Consumers must be able to stop receiving messages at any time by replying with recognized keywords (e.g., STOP, END, UNSUBSCRIBE).
• Opt-out requests must be honored immediately, and in no event later than 24 hours.
• We maintain both a company-wide internal Do Not Contact list and scrub against the National DNC Registry as required.

Text Torrent INC requires all clients to maintain:

• Detailed records of consumer consent (date, method, and proof of opt-in).
• Logs of messages sent and opt-outs received.
• Audit trails to demonstrate compliance in the event of carrier or regulatory inquiries.

Our platform also conducts ongoing monitoring to flag high-risk language, excessive opt-out rates, or other patterns that could indicate non-compliance.

As SMS marketing evolves, so does the use of automation and artificial intelligence. Under the TCPA:

• Any automated or AI-powered system used to send promotional texts is treated as an “autodialer” and requires express written consent.
• Any artificial or prerecorded voice (including synthetic voice technologies) may only be used if the consumer has explicitly agreed to receive such messages.
• Clients must disclose if AI or automated technology is being used to send communications.

Failure to comply with TCPA and CTIA requirements can result in:

• Civil lawsuits and class actions with statutory damages of $500–$1,500 per message.
• Carrier suspensions and blacklisting, cutting off future SMS capabilities.
• Reputational damage, leading to lost consumer trust and reduced engagement rates.

Text Torrent INC enforces strict compliance to protect both our clients and their customers.

- Prior express written consent obtained and documented.

- Clear sender identification in every message.

- Disclosure of frequency and message/data rates at opt-in.

- Time-of-day restrictions observed (8 a.m.–9 p.m. local time).

- STOP/UNSUBSCRIBE functionality active and honored within 24 hours.

- DNC scrubbing conducted against national and internal lists.

- Content reviewed for prohibited terms and deceptive claims.

- Detailed logs and records maintained for audits.

- AI/automation use disclosed and consented.

This Compliance Guide is provided for educational and informational purposes only. It does not constitute legal advice and should not be relied upon as such. Businesses utilizing Text Torrent’s services should consult their own qualified legal counsel to ensure compliance with all federal, state, and industry regulations.

Text Torrent INC