SMS Terms & A2P Policy

Last Updated: January 2026

1. SMS Service Overview

Lightning Lead facilitates SMS messaging between your business and customers through our Always Answer service and other platforms. All SMS is transmitted via 10DLC (10-Digit Long Code) numbers and third-party carriers (Twilio, Bandwidth, etc.).

You are responsible for compliance. Violations can result in account termination, number suspension, or legal action.

2. Required Opt-In Consent

For every customer who receives SMS from your business, you must have:

• Express Written Consent: Clear, documented agreement to receive SMS messages
• Method Documentation: Record of HOW consent was obtained (web form, in-person, etc.)
• Date & Time: When the opt-in occurred
• Message Description: What the customer agreed to receive (appointment reminders, quotes, promotions, etc.)
• Business Identification: Clear statement of which business owns the number

3. Opt-Out & Do Not Text Compliance

You must honor opt-out requests immediately:

• Customers can reply STOP, QUIT, END, or CANCEL to any message to opt out
• You must remove them from all future messaging within 24 hours
• Maintain a "Do Not Text" list and check it before every message send
• Do not charge customers for opting out
• Do not send further messages to opted-out numbers (except delivery confirmations or responses to their requests)

4. Message Content Requirements

All SMS messages must include:

• Clear Business Identification: Your business name (or agreed-upon abbreviation)
• Legitimate Purpose: The message must relate to services, appointments, support, or agreed-upon content
• Contact Information: A way for customers to reply or contact you with questions
• No Spam: No misleading subject matter, false claims, or deceptive practices

5. Prohibited Message Types

Lightning Lead strictly prohibits SMS for:

• High-risk industries (payday loans, gambling, adult services, pharmaceuticals)
• Unsolicited promotional messages ("mass texting" without prior consent)
• Political campaigns or ballot initiatives
• Prize notifications or lottery claims
• IRS or government impersonation
• Financial offers or investment schemes
• Phishing or social engineering attacks

6. Message Frequency & Timing

• Frequency: Do not spam customers with excessive messages. Message frequency must be reasonable and relevant to the service
• Timing: Send messages during reasonable hours (typically 8 AM – 9 PM recipient's local time)
• Emergency Exceptions: Urgent appointment reminders, urgent support issues may use standard carrier rates

7. Shared Shortcode Compliance

If using Lightning Lead's shared number/shortcode, you must:

• Use ONLY for transactional messages (appointment confirmations, updates, reminders)
• Maintain separate opt-in consent for promotional vs. transactional messaging
• Honor shared number rules: no competitor messaging, no high-risk industries
• Expect message throttling (rate limits) to prevent spam abuse of shared numbers

8. TCPA Compliance

You warrant that your SMS practices comply with the Telephone Consumer Protection Act (TCPA):

• Express written consent is documented and stored for 4+ years
• Do Not Call / Do Not Text lists are maintained and checked
• Messages are sent only during permitted hours (8 AM – 9 PM recipient time)
• Identity disclosure is clear and truthful
• Opt-out requests are honored within 24 hours

9. Carrier Regulations & 10DLC Requirements

All Lightning Lead SMS is transmitted via 10DLC (10-Digit Long Code) and must comply with carrier rules:

• 10DLC Registration: The owning business information must be accurate and current
• Campaign Registration: Message content and use cases must be registered with carriers
• Number Verification: Ownership verification is required and ongoing
• Compliance Audits: Carriers perform regular compliance audits and can suspend numbers for violations
• Throughput Limits: 10DLC numbers have message rate limits (typically 1 msg/sec per number). Bulk messaging requires separate setup.

10. Your Compliance Obligations

You acknowledge and agree to:

• Obtain and maintain documented consent for all recipients
• Honor all opt-out requests within 24 hours
• Comply with TCPA, FCC, and carrier regulations
• Use Lightning Lead SMS only for legitimate business purposes
• Indemnify Lightning Lead from any TCPA violations or fines arising from your SMS practices
• Allow Lightning Lead to audit your SMS practices and consent records upon request

11. Monitoring & Enforcement

Lightning Lead actively monitors for compliance violations:

• Customer complaints trigger immediate review
• High unsubscribe rates or spam complaints result in account review
• Carrier feedback about compliance issues will be shared with you
• Continued violations result in suspension or termination of SMS privileges

12. SMS Costs & Billing

• Inbound SMS (customer-to-business): Typically $0.01 per message
• Outbound SMS (business-to-customer): Typically $0.01 per message
• Bulk messaging (1,000+ messages/month) may have different rates; contact us for pricing
• All SMS charges appear on your monthly Lightning Lead invoice

13. Data Retention & Privacy

• SMS message content is stored for 90 days for compliance and dispute resolution
• Opt-in/opt-out records are retained for 4+ years
• All SMS data is encrypted in transit and at rest
• SMS data is processed in compliance with TCPA and industry standards

14. Liability & Indemnification

You are solely responsible for SMS content and compliance. Lightning Lead is not liable for:

• TCPA violations or fines arising from your SMS practices
• Carrier suspension or termination of your SMS access
• Customer complaints about SMS content or frequency
• Delivery delays or failures outside our control

You agree to indemnify Lightning Lead against any claims, fines, or legal action related to your SMS practices.

15. Violations & Termination

Lightning Lead will immediately suspend or terminate SMS services if you:

• Send SMS without documented opt-in consent
• Fail to honor opt-out requests within 24 hours
• Send SMS for prohibited industries or purposes
• Violate TCPA or carrier regulations
• Receive complaints that indicate non-compliance
• Fail to cooperate with Lightning Lead compliance audits

Suspension is immediate. Reinstatement requires documented compliance corrections.

16. Questions or Compliance Support

Lightning Lead supports compliance. If you have questions about:

• Obtaining proper SMS consent
• Creating opt-in forms
• Managing Do Not Text lists
• Understanding TCPA requirements

Contact us at [email protected]. We're here to help you stay compliant.

17. Contact

Lightning Lead
Email: [email protected]
Phone: (855) 557-8655
Address: Clinton Township, MI