SMS & Email Consent Policy

Trailfire sends SMS and email messages on behalf of businesses to their customers. This policy explains how consent is collected, how messages are sent, and the rights of message recipients. This policy supplements our Privacy Policy and Acceptable Use Policy.

1. TCPA Compliance for SMS

The Telephone Consumer Protection Act (TCPA) requires prior express consent before sending SMS messages. Trailfire requires businesses to confirm they have obtained appropriate consent before adding customer phone numbers to the platform:

• Prior express consent: Businesses must have obtained consent from customers to receive SMS messages related to the service provided.
• Consent records: Businesses should maintain records of how and when consent was obtained for each customer.
• Scope of consent: Consent covers transactional messages related to the completed job, including review requests, follow-ups, and satisfaction surveys.
• Promotional messages: Referral offers and promotional campaigns require prior express written consent under TCPA. Businesses are responsible for ensuring appropriate consent exists.

2. CAN-SPAM Compliance for Email

All emails sent through Trailfire comply with the CAN-SPAM Act:

• Accurate sender info: Emails identify the sending business with accurate "From" name, email address, and physical mailing address.
• Honest subject lines: Subject lines accurately reflect the content of the message.
• Unsubscribe mechanism: Every email includes a clear, functioning unsubscribe link.
• Opt-out processing: Unsubscribe requests are processed within 10 business days as required by law. Trailfire processes most opt-outs immediately.
• Ad identification: Promotional emails are identified as advertisements where required.

3. How Consent Is Collected & Stored

Trailfire does not collect consent directly from consumers. Instead, businesses are responsible for obtaining consent before entering customer contact information into the platform. Trailfire supports this process by:

• Providing consent acknowledgment checkboxes during customer import and job creation
• Storing consent status and timestamps for each customer contact
• Offering embeddable lead forms with built-in consent language
• Maintaining audit logs of all messages sent and consent status at the time of sending

4. Opt-Out Handling

Recipients can opt out of messages at any time using the following methods:

• SMS: Reply STOP to any text message. The opt-out is processed immediately and confirmed with a final acknowledgment message.
• Email: Click the unsubscribe link in any email. The opt-out is processed immediately.
• Direct request: Contact the business or Trailfire directly. We process direct opt-out requests within 2 business days.

Once opted out, no further messages of that type will be sent to the recipient from that business. Opt-outs are permanent unless the recipient explicitly re-consents.

5. Quiet Hours & Frequency Limits

Trailfire enforces messaging controls to protect recipients from excessive or ill-timed messages:

• Quiet hours: SMS messages are only sent between 9:00 AM and 8:00 PM in the recipient's local time zone, complying with all state quiet hour laws including Florida and Texas.
• Daily limits: No recipient will receive more than one SMS message per day from a single business.
• Campaign limits: Review request sequences are limited to a maximum of 3 messages per job (initial request plus up to 2 follow-ups).
• Cooldown periods: A minimum of 48 hours between follow-up messages in a review request sequence.

6. Business Responsibilities

Businesses using Trailfire's messaging features are responsible for:

• Obtaining and documenting proper consent before entering customer contact information
• Maintaining accurate and up-to-date contact lists
• Not uploading purchased, rented, or scraped contact lists
• Ensuring message content is truthful and not misleading
• Complying with all applicable federal, state, and local messaging laws
• Promptly honoring any opt-out requests received outside the Trailfire platform

Questions?

If you have questions about our messaging consent policy, please contact us: