Last updated: November 12, 2022
TextP2P has a zero-tolerance policy for spam text messages, emails, and ringless voicemail messages. Any account found to be using TextP2P’s Services for spam may be suspended immediately and without notice. If you are not familiar with the definition of “spam” please read this Anti-Spam Policy carefully.
If you suspect that TextP2P’s services are being used for spam, please notify us by email to: [email protected].
1. Opting Out of Unwanted Messages
Our texting, email, and ringless voicemail service may only be used to send messages to verified opt-in subscribers and all messages must have a way of opting out. Email must include an “unsubscribe” link. Similarly, our text messaging system service may only be used to send messages to verified opt-in subscriptions. Further, it is designed so that all subscribers can opt-out quickly, easily, and permanently from unwanted messages. To opt-out of text messages, simply reply to any message sent by one of our clients with the word STOP, STOPALL, UNSUBSCRIBE, CANCEL, END, or QUIT. Finally, to opt-out of ringless voicemail messages, follow the opt-out instructions in the voicemail or call the number from which the voicemail originated. TextP2P’s customers are required to provide a process for unsubscribing from ringless voicemail messages, and to honor requests to opt-out of ringless voicemails.
2. What is Spam?
Spam generally is any type of unsolicited message. By sending messages to only those who have explicitly requested to receive them, you are following accepted permission-based messaging guidelines. You should not assume a preexisting relationship to be a substitute for explicit consent to send messages. For example, if your customer disclosed a mobile number in the normal course of business but did not specifically consent to receive automated marketing messages, you cannot send such messages to their number. If it is discovered that you have been delivering any type of message to recipients who have not granted you consent, you will be held fully accountable for your actions. You are subject to any legal actions that result from such violations including class action lawsuits. Please refer to the following list of resources to help combat possible spam violations:
- Telephone Consumer Protection Act (TCPA): https://www.fcc.gov/sites/default/files/tcpa-rules.pdf
- CAN-SPAM Act Compliance Guide: https://www.ftc.gov/business-guidance/resources/can-spam-act-compliance-guide-business
- MMA Best Practices: https://www.mmaglobal.com/documents/us-consumer-best-practices
- CTIA Best Practices: https://www.ctia.org/the-wireless-industry/industry-commitments/messaging-interoperability-sms-mms
3. What is “Consent” under the TCPA?
Generally speaking, the TCPA require you to obtain “prior express consent” before placing automated calls, text messages, or faxes for non-marketing (e.g., informational or debt collection) purposes, and prior express written consent for sending these communications for marketing purposes. Consent means an agreement that clearly indicates that the consumer agrees to be contacted at a particular telephone number. Prior express (written) consent must be obtained even if you previously had a business relationship with the recipient. Recipients must also be advised that they are not obligated to consent as a condition of purchasing your products or services.
4. The ”Spam Test”
If you answer “yes” to any of the questions below, your messages will likely be considered spam, and you are at risk of being shut down by carriers. In an extreme case, you may even be subjected to a potential class action lawsuit by your subscribers. If you think you may be spamming, please contact your TextP2P account manager by email to: [email protected].
- Are you sending messages to a distribution list or non-specific email addresses such as: [email protected], [email protected], [email protected], [email protected], or [email protected]?
- Are you sending emails or text messages to anyone whose contact information you received or purchased from a third party?
- Are you sending solicitation message to any phone number without prior express (for informational alerts) or written consent (for promotional messages)?
- Do your text messages, emails, or voice broadcasts contain false or misleading information?
- Are you sending messages more frequently than you expressed you would when the contact opted-in?
- Are you sending messages that contain prohibited content such as drugs, alcohol, pornography, etc.?
- Are you sending messages with content type that does not match what you initially said you would message the contact about when they opted-in?
- Are you sending solicitation messages past 9 p.m. or earlier than 8 a.m. (recipient’s time)?
- Are you sending messages under a company name that is different from the company that the subscriber originally opted-in with?
5. Liability Policies
- At TextP2P’s discretion, any account may be suspended without a refund if the account knowingly or unknowingly contributes to spam or violates federal, state, or local law and regulations, or violates telecommunications carrier policies. In addition, in TextP2P’s defense, we may be required to assist the parties claiming damages from your actions related to spam.
- You agree to not access or use ANY third-party mailing lists for email addresses, phone numbers, or otherwise prepare or distribute unsolicited messages in connection with our service.
- You agree to import, add, edit, access, or use only lists for which all listed parties have opted in to receive correspondence from you (“Permission-Based Lists”). You hereby covenant that you shall not use any other lists in connection with your use of TextP2P’s Services. In addition, you agree to not import phone numbers without tangible proof of the subscribers’ explicit consent to receive messages. Doing so will deny you of this feature or subject you to a more stringent qualification process. This process may include requiring you to provide proof of your method for opt-in, evidence of opt-in, your legal identity, and your organization’s identity.
- You agree to comply with all federal, state, and local laws and regulations governing your specific content or promotion type. Additionally, content affiliated with pornographic or sexually explicit material or alcoholic beverages is prohibited. In particular, alcoholic beverages or entertainment content or promotions targeted to people under 21 years of age may not be sent through TextP2P’s services.
- You agree to identify your organization, product and service accurately and not deceive your recipients in any message with reference to your identity, offering, availability, pricing, benefits, and any other aspects of your communication.
- You agree to ensure that all communications you send using TextP2P’s services are truthful and do not contain subject lines that false or misleading as to the nature of the content contained in the associated communication.
- You agree to conduct your own due diligence about whether or not you are required to comply with additional anti-spam or data privacy laws, including, without limitation, the European General Data Protection Regulation (GDPR), based on the country or countries where you conduct your business or have customers.
- You agree to not send emails to: (i) distribution email addresses, (ii) email addresses copied or scraped from the internet, (iii) email addresses otherwise programmatically obtained from any physical or electronic source, (iv) newsgroups, or (v) purchased, loaned, or rented lists.
- You agree to not send communications to any contacts obtained from a third party, unless such third party specifically obtained legally sufficient consent from said contacts for you to contact them.
- You agree to not send communications to co-promotion lists, where more than one potential sender is given access to contact information collected without the recipients’ legally sufficient consent.
- You agree to not use our transactional email feature to send non-transactional messages to contacts unless you have consent to do so.
- You agree to not use TextP2P’s services to administer illegal contests, pyramid schemes, or conduct any illegal activities.
You agree to not take known demographic information and append it to information you obtain from a third party for the purpose of emailing an individual who has not otherwise provided legally sufficient consent for such communications.
6. Email Policies
- Contact Information. Every email you send using TextP2P’s services must clearly and accurately identify the individual or organization that authorized the sending of the email (the “Authorizing Party”). To the extent required by law, this identification must include the correct legal name of the Authorizing Party, a registered business telephone number, legitimate physical address, and contact details. All identification information should remain valid for at least 30 days after the email is sent.
- Unsubscribe Information. Every email you send using TextP2P’s services must contain an “unsubscribe” link, that: (1) allows recipients to instantly and permanently remove their email address from the applicable email list, (2) presents unsubscribe instructions in a clear and conspicuous way, and (3) remains operational for a period of at least 30 days after sending the email. You must also monitor, correct, and process unsubscribe requests immediately and ensure that your account is not used to remove, disable, or attempt to remove or disable such an unsubscribe link. If a recipient contacts you by other means, e.g., via email, and asks to be unsubscribed from your email list, you agree to unsubscribe any such recipient manually using the tools provided by TextP2P within 10 business days after you receive the opt-out request.
7. Anti-Spam Policy Enforcement
- In General. Pursuant to our Terms of Service, our clients specifically agree NOT to use TextP2P to send unsolicited text messages, email, or spam. All text messages sent using TextP2P can be tracked and so removed from the sender list. We support STOP, STOPALL, UNSUBSCRIBE, CANCEL, END, or QUIT. Our clients have the ability to remove mobile numbers. TextP2P maintains an opt-out list that restricts our clients from adding a mobile number to their list that has been previously opted-out, and a global block list. If we suspect a violation of our Anti-Spam Policy, we will contact our client and discuss the client’s options, which may range from a warning to suspension and/or termination of service for that client.
TextP2P’s clients are responsible for ensuring that email, text message, and ringless voicemail campaigns do not generate a number of abuse complaints in excess of industry norms. As determined by TextP2P and in our sole discretion, we may immediately suspend a client’s account that does not implement remediation measures in accordance with our recommendations.
- Right to Terminate. TextP2P may, in its sole discretion, remove any content uploaded to our Services and suspend or terminate (without refund) your use of our Services for any violation of this Anti-Spam Policy at any time. For clarity, removal, suspension, or termination pursuant to this clause will not terminate your obligation to pay fees owed to TextP2P.
8. To the Public
TextP2P requires that all communications sent using our services comply with this Anti-Spam Policy. This means that we do not condone unsolicited text messages, notifications, alerts, or any messages that you may receive from someone who should not have your mobile number or unsolicited emails from someone who should not have your email address. Please let us know about any abuse or violations of inappropriate use of our service. We encourage you to contact us with your comments or complaints, including: (i) the sender’s phone number, (ii) the mobile number or email address you wish to unsubscribe from further communications, and (iii) the date and time you received the unwanted message(s) and the contents of those message(s). If you have clicked “unsubscribe” or otherwise alerted our client of your wish to opt out of emails or other unwanted messages but are still receiving them, please notify us of the unwanted emails. Your report will be registered and the client will be investigated for violations of our Anti-Spam Policy. The identity of any individual reporting abuse will be kept confidential. Our clients must adhere to any and all applicable laws regulating the transmission of electronic messages, including anti-spam laws.
9. Reporting Spam or Abuse
You may also contact TextP2P directly if you wish to remove yourself from any list. Please email us at [email protected] with STOP, STOPALL, UNSUBSCRIBE, CANCEL, END, or QUIT in the subject line. Please include your mobile phone number or applicable email address so we know which contact information to remove. Please also send us the sender’s phone number or email address. You may also unsubscribe from any unwanted text message you receive by replying and typing in any of these keywords: STOP, STOPALL, UNSUBSCRIBE, CANCEL, END, or QUIT or click the UNSUBSCRIBE link in the email. If we find that our anti-SPAM policy has been violated, we may terminate the violator’s account.
10. Company API
Our services provide API calls (“Calls”) to facilitate certain account activities without relying on the service’s main application interface. These Calls are governed by the same policies set forth herein. Our clients and their accounts shall not use API Calls to circumvent our efforts to facilitate permission-based sending via our services. TextP2P may dictate, in its sole discretion, permissible use of the API and Calls. Any improper use of the API, as solely determined by TextP2P, will be grounds for immediate termination of your account.
11. Changes to this Policy
TextP2P may amend this Anti-Spam Policy at any time by publishing a new version on this website. If you have any questions about this Policy, please email us at: [email protected].