Terms of Service for A2P Messaging Compliance
Last Updated: April 18, 2025
This Terms of Service ("TOS") governs your use of the Application-to-Person ("A2P") messaging services provided by Direct Results Pro | Michael F. Phillips ("we," "us," or "our"), operating in and calling from the Commonwealth of Virginia. By using our A2P messaging services, you ("Customer," "you," or "your") agree to comply with all applicable federal and Virginia state laws, regulations, and carrier requirements, including but not limited to the CTIA Messaging Principles, TCPA (Telephone Consumer Protection Act), the Virginia Consumer Data Protection Act (VCDPA), and carrier-specific guidelines.
1. Consent (Opt-In Requirements)
You must obtain clear and affirmative prior express consent (opt-in) from recipients before sending A2P messages. Consent must meet the following criteria:
Clear and Conspicuous Disclosure: You must clearly and conspicuously disclose to the recipient that they will be receiving messages from you, the type of messages they will receive, the frequency of messages (e.g., recurring or one-time), that consent is not a condition of purchase, and a link to your privacy policy where they can learn more about how their data is handled.
Specific Purpose: Consent must be tied to the specific program or campaign for which the message is being sent. If you intend to send different categories of messages, you should obtain separate consent for each category.
Affirmative Action: The recipient must take a deliberate action to opt-in, such as checking a box on a web form, providing a verbal agreement (which you must document), or sending a specific keyword via text message. Pre-checked boxes or implied consent are not sufficient.
Documented Consent: You must maintain a detailed record of each recipient's consent, including the date, time, method of opt-in, the specific terms they agreed to, and the context in which consent was obtained (e.g., the specific web form or keyword used).
Revocable Consent: You must inform recipients that they can revoke their consent at any time and provide a simple and easily accessible mechanism for them to do so (e.g., replying "STOP").
Acceptable Opt-In Methods:
Web Form: A clearly labeled checkbox or radio button with a statement explaining what the user is signing up for (e.g., "I agree to receive marketing text messages from Direct Results Pro | Michael F. Phillips about upcoming promotions. Message frequency may vary. Text STOP to cancel. [Link to Privacy Policy]"). The submission of the form constitutes consent. Ensure compliance with VCDPA regarding dark patterns.
Text Keyword: Users texting a specific keyword (e.g., "JOIN," "ALERTS") to a designated phone number. You must immediately send a confirmation message that clearly outlines the program, message frequency, how to opt-out (e.g., "Reply STOP to cancel"), and a link to your privacy policy (e.g., "[Link to Privacy Policy]").
Verbal/Written Consent: For consent obtained through voice or paper form, you must maintain a clear and accurate record of the consent, including the information provided to the consumer at the time of consent, including information about your privacy practices.
2. Message Content & Compliance
Prohibited Content: Your message content must adhere to the categories outlined and must not include:
Sexually explicit content
Hate speech
Illegal substances
Spam or unwanted messaging
Content that violates applicable laws and regulations, including those related to marketing and advertising in Virginia.
Identification & Disclosure: Every message you send must clearly identify your business name or the entity sending the message. You must also include clear instructions on how the recipient can opt-out (e.g., "Reply STOP to unsubscribe").
3. Opt-Out (Unsubscribe) Requirements
Mandatory Compliance: You must process and honor all opt-out requests immediately, and in accordance with the VCDPA, without undue delay and no later than fifteen (15) days from the request.
Global Opt-Out: Once a recipient opts out via a standard keyword (like "STOP"), you must cease sending all further messages to that number across all your A2P messaging campaigns, unless they provide explicit re-consent for a specific program.
Standardized Opt-Out Methods:
STOP: Must result in the immediate cessation of all SMS/MMS messages from your organization. You should send a confirmation message acknowledging the opt-out (e.g., "You have successfully unsubscribed and will no longer receive messages from Direct Results Pro | Michael F. Phillips").
HELP: Must provide the recipient with clear contact information for support (e.g., your company name, phone number, and/or email address), information about the messaging program, how to opt-out again, and a link to your privacy policy (e.g., "[Link to Privacy Policy]").
4. Data Privacy & Security
Protection of Personal Data: You must comply with all applicable data privacy laws, including the Virginia Consumer Data Protection Act (VCDPA). This includes providing consumers with a clear and accessible privacy notice (linked during opt-in and in the "HELP" response) that outlines the categories of personal data processed, the purposes for processing, how consumers can exercise their VCDPA rights (access, correction, deletion, opt-out of targeted advertising, sale, and profiling), and the categories of personal data shared with third parties.
No Unauthorized Sharing: You must not share or sell phone numbers or any other personal data of your message recipients with third parties for marketing purposes without their explicit consent, in compliance with the VCDPA's requirements for the sale of personal data.
Data Retention: You must retain records of consent and other relevant data for as long as necessary to demonstrate compliance with applicable laws and regulations, including the VCDPA, and in accordance with your data retention policy. The VCDPA requires you to limit data collection to what is adequate, relevant, and reasonably necessary for the disclosed purposes.
5. Prohibited Uses
You may not use our A2P services to transmit messages that:
Are unlawful, harassing, libelous, abusive, threatening, harmful, vulgar, obscene, or tortious.
Constitute spam or unsolicited commercial messages that violate the TCPA or Virginia's anti-spam laws.
Involve robocalls or automated telephone dialing systems without the necessary prior express written consent.
Contain phishing scams or fraudulent content.
Promote illegal activities or the sale of illegal or harmful goods or services.
Violate the terms of service of any mobile carrier.
6. Carrier & Regulatory Compliance
A2P Registration: You are responsible for understanding and completing all necessary A2P registration processes with mobile carriers as mandated by industry standards. This registration helps ensure your messages are delivered and compliant with carrier requirements. Failure to properly register your campaigns may result in message blocking and penalties.
You are responsible for understanding and adhering to all current carrier requirements (e.g., AT&T, T-Mobile, Verizon), industry guidelines (e.g., CTIA), and federal and Virginia state regulations (e.g., FCC, TCPA, VCDPA).
Failure to comply with these requirements may lead to message filtering, blocking, significant fines, legal penalties, or suspension/termination of your A2P messaging privileges.
7. Liability & Indemnification
You agree to indemnify, defend, and hold harmless Direct Results Pro | Michael F. Phillips, its officers, directors, employees, agents, and affiliates from any and all claims, losses, damages, liabilities, costs, and expenses (including reasonable attorneys' fees) arising out of or relating to your use of the A2P messaging services, including but not limited to any failure to complete A2P registration, any violation of this TOS, the TCPA, the VCDPA, or any other applicable laws, regulations, or carrier guidelines.
We reserve the right to suspend or terminate your access to our A2P messaging services immediately, with or without notice, if we believe you have violated this TOS or any applicable laws or regulations, including failing to complete required A2P registration.
8. Changes to Terms
We may update these Terms of Service at any time. We will provide reasonable notice of any material changes, such as by posting the updated terms on our website or through other communication channels. Your continued use of our A2P messaging services after the effective date of any changes constitutes your acceptance of the revised terms. It is your responsibility to review these terms periodically for updates.
9. Contact Information
For questions or compliance issues related to these Terms of Service or our A2P messaging services, please contact us at:
Direct Results Pro | Michael F. Phillips, 2226 Harrell Ave, Norfolk, Virginia, 23509, admin@digitalresults.pro, +1 757 573 9775
By using our A2P messaging services, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service, including your obligations related to A2P registration and compliance with applicable federal and Virginia state laws and regulations, as well as industry best practices and carrier guidelines.