Nexus Alliance Inc. TCPA-Compliant SMS Use Policy
Policy Governing SMS Communications, Regulatory Compliance, and
Prohibition of Marketing Usage
Purpose
This policy establishes the standards and procedures for the use of SMS (Short Message Service, or text messaging) by Nexus Alliance Inc. in connection with contracting activities. The policy is designed to ensure strict compliance with the Telephone Consumer Protection Act (TCPA), as well as applicable federal, state, and local laws and regulations. It also explicitly prohibits the use of SMS for marketing, advertising, or promotional purposes.
Scope
This policy applies to all employees, contractors, consultants, and affiliates of Nexus Alliance Inc. (“the Company”) who are authorized to utilize SMS communications as part of their job functions. This policy covers all company-issued devices and personal devices used for company business (“Bring Your Own Device” or BYOD) when conducting official Nexus Alliance Inc. activities.
Definitions
• SMS (Short Message Service): A text messaging service component of most telephone, internet, and mobile device systems.
• TCPA (Telephone Consumer Protection Act): A U.S. federal law enacted in 1991 that restricts telemarketing communications via voice calls, SMS texts, and fax, and establishes requirements for consent and opt-out mechanisms.
• Communications: All communications shall specifically to the execution, management, administration, or fulfillment of contracts with agencies or their representatives.
• Marketing/Advertising Purposes: Any communication designed to promote, sell, advertise, or solicit interest in products, services, or business opportunities.
Policy Statement
Nexus Alliance Inc. is committed to legal, ethical, and respectful communication practices. The Company will only use SMS communications for legitimate business purposes. Use of SMS for marketing, advertising, or promotional purposes is strictly prohibited.
Permitted Uses of SMS
SMS communications may be utilized only for the following purposes:
• Coordinating project schedules, timelines, and deliverables.
• Providing urgent notifications regarding contract execution, such as scheduling services, updates on site access, or emergency instructions.
• Requesting or confirming receipt of critical information necessary for contract performance.
• Communicating logistical information, including location details, directions, or on-site contact information necessary for contract fulfillment.
• Compliance-related notifications required by contract terms or federal regulations, provided such notifications are expressly permitted by the contract and do not violate recipient consent preferences.
Prohibited Uses of SMS
The following uses of SMS are expressly forbidden:
• Sending any message that constitutes “marketing,” “advertising,” or “promotion” of the company’s goods or services, including but not limited to announcements of new products, solicitation of new business, or invitations to events or webinars.
• Sharing general company news, product updates, or promotional offers.
• Distributing surveys, market research requests, or customer satisfaction inquiries for commercial purposes.
• Sending any SMS without proper recipient consent, or outside the scope of business communications as outlined in this policy.
• Using SMS for personal or non-business-related matters.
TCPA Compliance Requirements
All SMS communications must comply with the following TCPA requirements:
• Prior Express Consent: Obtain and document the recipient’s prior express consent before sending any SMS message, even for non-marketing communications. Consent must be clear, specific, and documented in writing or via electronic acknowledgment.
• Opt-Out Mechanism:. Opt-out requests must be honored immediately and documented.
• Time Restrictions: SMS messages must only be sent between 8:00 a.m. and 9:00 p.m. local time of the recipient, unless otherwise expressly authorized and required by the nature of the communication (e.g., emergencies).
Procedures
Obtaining Consent
Before sending any SMS communication, authorized personnel must verify and document that express consent has been obtained from the intended recipient. Consent must be:
• Obtained via incoming text to Nexus, secure electronic forms, written agreements, or explicit email confirmation.
• Specific to the nature of the communication and the intended recipient’s role in contract performance.
Sending Messages
• Confirm recipient consent and appropriateness of SMS use before sending.
• Compose messages concisely, limiting content to information necessary for contract execution.
• Log and monitor all sent messages for compliance purposes.
Handling Opt Out Requests
• Upon receipt of an opt-out request, immediately cease all SMS communications to that recipient, absent a new express consent.
• Update contact lists and compliance records to reflect opt-out status.
• Report any disputes or complaints regarding SMS communications to the Compliance Officer within one business day.
Training and Awareness
All employees and contractors involved must undergo annual training on TCPA requirements, this SMS use policy, and data security practices. Additional training will be provided periodically as laws, regulations, or company policies are updated.
Monitoring, Auditing, and Enforcement
Nexus Alliance Inc. will regularly monitor and audit SMS communications for compliance with this policy and applicable laws. Violations may result in disciplinary action up to and including termination of employment or contract, and may trigger legal liability for the individual and/or the Company.
Reporting Violations
Any suspected or actual violations of this policy must be reported immediately to the Compliance Officer or through the Company’s established reporting channels. Reports may be made confidentially and without fear of retaliation.
Responsibilities
• Employees and contractors: Ensure all SMS communications strictly comply with this policy and the TCPA.
• Managers and supervisors: Oversee and educate teams regarding policy requirements, and escalate any compliance concerns.
• Compliance Officer: Maintain this policy, monitor compliance, investigate violations, and coordinate training.
Policy Review and Updates
This policy will be reviewed annually, or more frequently as necessary, to ensure continued compliance with legal and contractual requirements. Updates will be communicated promptly to all relevant personnel.
Conclusion
Nexus Alliance Inc. is dedicated to maintaining the highest standards of legal compliance and ethical conduct in all communications related to it’s contracting and services. By adhering to the TCPA and prohibiting the use of SMS for marketing purposes, the Company safeguards its reputation, fulfills its legal obligations, and supports lasting government partnerships.