Effective Date: April 3, 2026

-----1. Purpose

 

This policy establishes mandatory guidelines for AltaClaro's use of SMS/text messaging for marketing and sales purposes. It ensures strict compliance with the Telephone Consumer Protection Act (TCPA), CTIA guidelines, and all applicable state and federal laws.-----2. Consent Requirements

2.1 Express Written Consent

 

Prior to sending any marketing or promotional SMS, AltaClaro must obtain express written consent from the recipient.

• Consent must be obtained through a clear, affirmative action, such as checking an unchecked box, submitting an electronic form, or texting a keyword to opt-in.
• Pre-checked boxes do not constitute valid consent.
• Consent for SMS communications must be separate from consent for email or other communication channels.

2.2 Required Consent Disclosures (Point-of-Opt-In)

 

At the point of opt-in, the following must be clearly and conspicuously disclosed to comply with all carrier and regulatory requirements:

• The legal business name "AltaClaro" and the types of messages (e.g., recurring marketing/promotional) the recipient is agreeing to receive.
• Estimated message frequency (e.g., "Up to 4 msgs/month" or "Message frequency varies").
• Notice that "Msg & data rates may apply".
• Instructions on how to opt-out (e.g., "Reply STOP to unsubscribe" or "Reply HELP for help, or STOP to opt-out").
• A statement that "Consent is not a condition of purchase".
• A conspicuous link to AltaClaro's full SMS Terms of Service and Privacy Policy.

Example Required Consent Language:

"By providing your phone number and checking this box, you agree to receive recurring marketing text messages from AltaClaro. Message frequency varies, up to 4 msgs/month. Msg & data rates may apply. Reply STOP to unsubscribe or HELP for assistance. Consent is not required to make a purchase. For details, see our [Terms of Service] and [Privacy Policy]."

 

2.3 Double Opt-In

 

When feasible, AltaClaro recommends utilizing a double opt-in process, where a confirmation message is sent after initial opt-in asking recipients to confirm their subscription (e.g., "Reply YES to confirm").-----3. Opt-Out Requirements

• Every marketing SMS must include clear and conspicuous opt-out instructions.
• All opt-out requests must be honored immediately upon receipt.
• Recognized opt-out keywords that must be processed include: STOP, UNSUBSCRIBE, CANCEL, QUIT, END, OPT OUT, OPTOUT, OPT-OUT, and STOPALL.
• An automatic confirmation message must be sent upon opt-out (e.g., "You have been unsubscribed from AltaClaro messages. You will receive no further texts.").
• Opted-out numbers must be removed from all marketing lists and campaigns.
• No recipient who has opted out shall be contacted for a period of at least 12 months unless they explicitly re-subscribe.

-----4. Message Content Requirements

4.1 Sender Identification

 

All messages, both marketing and transactional, must clearly identify "AltaClaro" as the sender.

 

4.2 Prohibited Content (SHAFT and other restrictions)

 

AltaClaro messages must not include content related to:

• Sex/Adult content
• Hate speech or discriminatory content
• Alcohol
• Firearms/weapons
• Tobacco/cannabis/controlled substances

Also prohibited are messages concerning gambling, illegal activities, fraudulent/misleading claims, profanity, or violence.

 

4.3 Accuracy

 

All message content must be truthful, not misleading, and the subject matter must precisely match what the recipient consented to receive.-----5. Timing and Frequency Restrictions

5.1 Quiet Hours

 

Marketing SMS messages may only be sent between 8:00 AM and 8:00 PM in the recipient's local time zone. This stricter standard is followed to ensure compliance with laws in states like Florida and Oklahoma, even though federal law may allow until 9:00 PM.

 

5.2 Frequency Limits

• Do not send more than 3 messages per 24-hour period on the same topic to the same recipient.
• Adhere strictly to the frequency disclosed at the time of opt-in.

-----6. Recordkeeping Requirements

 

AltaClaro must maintain records of the following for a minimum of 4 years (per TCPA statute of limitations):

• Date and time consent was obtained.
• Method of consent (e.g., web form, keyword text).
• Exact language/disclosure shown at the point of consent.
• Opt-out requests and the dates they were processed.
• Message logs (including content, timestamps, and recipients).

-----7. Transactional vs. Marketing Messages

Note: Transactional messages must not contain any promotional content unless separate marketing consent has been explicitly obtained.-----8. Third-Party and Vendor Compliance

• Any third party or vendor sending SMS on behalf of AltaClaro must strictly comply with this entire policy.
• AltaClaro remains legally responsible for all messages sent by vendors on our behalf.
• All contracts with SMS vendors must explicitly include compliance obligations.

-----9. State-Specific Considerations

 

Team members must be aware that certain states impose additional requirements. When in doubt, the most restrictive standard must be applied.

• Florida: Quiet hours are 8 AM – 8 PM only; max 3 messages/day.
• Connecticut: Express written consent is required; penalty can reach $20,000 per violation.
• Oklahoma: Max 3 messages/24 hours on the same subject; quiet hours are 8 AM – 8 PM.
• California (CCPA): Data access and deletion rights must be provided upon request.

-----10. HELP Keyword Response

 

When a recipient texts HELP, the system must respond automatically with the following message:

"AltaClaro: For assistance, contact us at [support email/phone]. Msg & data rates may apply. Reply STOP to unsubscribe."-----11. Violations and Penalties

 

Non-compliance with these guidelines can result in severe consequences:

• TCPA Penalties: $500–$1,500 per non-compliant message.
• State Law Penalties: Up to $20,000 per message (e.g., Connecticut).
• Carrier Actions: Blocked campaigns, suspended phone numbers, and potential filtering of all future messages.
• Reputational Harm.

-----12. Policy Review

 

This policy will be reviewed annually and updated immediately as regulations change. All marketing and sales team members must complete compliance training upon hire and annually thereafter.-----13. Carrier Liability Disclaimer

 

"Carriers, including but not limited to T-Mobile, are not liable for delayed or undelivered messages."

-----Questions? Contact [compliance contact/legal team].-----Disclaimer: This policy is provided for internal guidance purposes only. Consult with legal counsel to ensure compliance with all applicable laws for your specific use cases.