SMS/Text Messaging Terms

1. Introduction

Chosen CRM Inc. ("ChosenCRM," "we," "us," or "our") provides SMS and MMS text messaging capabilities through our platform. These SMS/Text Messaging Terms ("SMS Terms") govern your use of our messaging features and apply in addition to our Terms of Service.

By using ChosenCRM's SMS/MMS messaging features, you agree to comply with these SMS Terms, the Telephone Consumer Protection Act (TCPA), the CAN-SPAM Act, and all applicable federal and state regulations.

2. TCPA Compliance Statement

ChosenCRM is committed to compliance with the Telephone Consumer Protection Act (TCPA) and applicable FCC regulations. Our messaging services are designed to facilitate compliant business communications.

Important: You, as the user of our platform, are responsible for ensuring your messaging practices comply with all applicable laws. This includes obtaining proper consent, honoring opt-out requests, and maintaining appropriate records.

3. 10DLC Registration and Compliance

ChosenCRM uses 10-digit long code (10DLC) numbers registered with The Campaign Registry (TCR) for Application-to-Person (A2P) messaging. This registration:

• Ensures higher message deliverability
• Demonstrates our commitment to reducing spam
• Complies with carrier requirements

As part of 10DLC compliance, you must accurately describe your messaging use case and maintain consent practices consistent with your registered campaign type.

4. Consent Requirements

4.1 Obtaining Consent

Before sending any text messages through our platform, you must obtain proper consent from the recipient. For marketing messages, this requires prior express written consent that:

• Is clearly and conspicuously disclosed to the consumer
• Specifically identifies you (or your business) as the sender
• Authorizes you to contact them via text message
• Is obtained before sending any marketing messages

4.2 One-to-One Consent Rule (Effective January 27, 2025)

Under new FCC rules effective January 27, 2025, consent must be obtained on a one-to-one basis. This means:

• Consent given to one seller cannot be shared with other sellers
• Each sender must obtain their own individual consent
• Lead aggregators cannot provide blanket consent for multiple sellers
• Message content must be logically related to the context where consent was given

4.3 Consent Language Example

Your consent disclosure should include language similar to:

"By providing your phone number and checking this box, you consent to receive text messages from [Your Business Name] regarding your mortgage inquiry. Message frequency varies. Message and data rates may apply. Reply STOP to opt out at any time. Reply HELP for assistance."

5. Message Frequency Disclosure

When obtaining consent, you must disclose the expected frequency of messages. Examples include:

• "Message frequency varies based on your loan application status"
• "You may receive up to 10 messages per month"
• "Automated and recurring messages may be sent"

You must honor the frequency you disclose and not send messages more frequently than indicated without obtaining additional consent.

6. Opt-Out Requirements

6.1 Opt-Out Keywords

ChosenCRM automatically recognizes and processes the following standard opt-out keywords:

• STOP – Opts out of all messages
• STOPALL – Opts out of all messages
• UNSUBSCRIBE – Opts out of all messages
• CANCEL – Opts out of all messages
• END – Opts out of all messages
• QUIT – Opts out of all messages

6.2 Processing Opt-Outs

When a recipient sends an opt-out keyword:

• They will receive one confirmation message within 5 minutes
• No further messages will be sent to that number
• The opt-out is processed immediately in our system
• The contact's SMS consent status is automatically updated

6.3 Honoring Other Opt-Out Requests

As of April 11, 2025, consumers may revoke consent by "any reasonable means." You must honor opt-out requests received via:

• Text message (any clear expression of intent)
• Email
• Phone call
• Written correspondence
• Your website or portal

All opt-out requests must be honored within 10 business days.

7. Help Keyword

When a recipient texts HELP, they will receive an automated response with:

• Your business name
• Contact information for support
• Instructions for opting out

8. Message and Data Rates

You must inform recipients that standard message and data rates may apply based on their mobile carrier and plan. Include this disclosure:

• In your consent language
• In any terms or documentation
• Message and data rates are determined by the recipient's carrier, not ChosenCRM

9. Prohibited Content

You may NOT use ChosenCRM's messaging features to send content that:

9.1 SHAFT Content (Strictly Prohibited)

• Sex – Adult or sexual content
• Hate – Hate speech or discriminatory content
• Alcohol – Alcohol-related promotions
• Firearms – Firearms or weapons promotions
• Tobacco/Cannabis – Tobacco or cannabis products

9.2 Other Prohibited Content

• Illegal activities or services
• Phishing or fraudulent schemes
• Threats, harassment, or abusive language
• Malware or malicious links
• Misleading or deceptive information
• Gambling or lottery promotions
• Payday loans or high-interest lending promotions
• Messages violating privacy rights

Penalties: Violations of content restrictions may result in fines up to $10,000 per message (even if blocked), account suspension, and potential legal action.

10. Timing Restrictions

You must comply with time-of-day restrictions for marketing messages:

• Federal (TCPA): Do not send between 9:00 PM and 8:00 AM in the recipient's local time zone
• Some states have stricter rules: Florida, Oklahoma, and Washington restrict messages between 8:00 PM and 8:00 AM local time

ChosenCRM provides timezone awareness, but you are responsible for configuring appropriate sending windows.

11. Record Keeping

You must maintain records of:

• Consent obtained (how, when, and what was disclosed)
• Messages sent and received
• Opt-out requests and processing

ChosenCRM automatically logs message history and consent status changes, which you can access in your account.

12. Your Responsibilities

As a ChosenCRM user, you are responsible for:

• Obtaining proper consent before sending messages
• Ensuring message content complies with all laws and these terms
• Honoring opt-out requests promptly
• Maintaining accurate consent records
• Not sending messages to numbers on the Do-Not-Call list (for marketing)
• Complying with all applicable federal and state regulations

13. Violations and Enforcement

Violations of these SMS Terms or applicable laws may result in:

• Suspension of messaging capabilities
• Account termination
• Legal liability under TCPA ($500–$1,500 per message)
• Carrier-imposed fines (up to $10,000 per violation)

14. Contact Us

For questions about these SMS Terms or to report issues: