Rack Law Group, PLLC SMS Terms and Conditions

Effective Date: 11/24/2024


1. Introduction

By opting into the SMS program provided by Rack Law Group, PLLC, you agree to receive recurring text messages to the phone number you provided. These messages may include promotional offers, updates, and alerts related to our products and services. By participating, you agree to these Terms and Conditions, which comply with the Telephone Consumer Protection Act (TCPA) and the FCC’s 2024 guidelines.

2. Opt-In Consent

In accordance with the 2024 TCPA guidelines, your participation in our SMS service requires explicit one-to-one consent. This means that by opting in, you consent to receive messages from Rack Law Group only. Consent cannot be shared with other companies or third-party entities without your direct approval.
To join our SMS program, you may opt in through:
  • Web Form: By checking a clearly labeled box during the opt-in process.
  • Text-to-Join: By texting the specified keyword (e.g., "JOIN") to [Shortcode].
  • Verbal or In-Person Consent: In certain cases, if allowed, your verbal consent can be captured and documented.
By opting in, you acknowledge that your consent to receive SMS messages is not a condition of any purchase. You may receive promotional or informational messages as specified at the time of opt-in.

3. Message Frequency

The number of messages you receive will vary based on your interaction with our services, but you can expect no more than [X] messages per [week/month]. Message and data rates may apply depending on your mobile carrier and plan.

4. Opt-Out Process

You can opt out of receiving SMS messages from Rack Law Group at any time by replying with the word “STOP” to any text message you receive from us. Once you opt out, you will not receive any further messages unless you choose to opt back in. For assistance, you can reply “HELP” for further instructions or contact our support team directly at info@racklawgroup.com or 602-661-6300.

5. Terms of Consent

By opting into this SMS program, you agree to receive SMS messages from Rack Law Group in compliance with the TCPA and the FCC's 2024 guidelines. All messages will be logically and topically related to your interaction with our services and products.
Your consent is specific to Rack Law Group, and it does not extend to third-party businesses or affiliates unless explicitly stated at the time of opt-in, as mandated by the FCC's one-to-one consent rule introduced in 2024.

6. Privacy Policy

We take your privacy seriously. By opting into our SMS services, you agree to our Privacy Policy [Insert Link], which explains how we collect, use, and protect your personal information. Your phone number and interaction data will only be used for the purposes of delivering the SMS messages outlined in this agreement.

7. Message and Data Rates

Message and data rates may apply, depending on your mobile service provider and plan. Rack Law Group is not responsible for any fees charged by your carrier for receiving or sending messages related to our service.

8. Record-Keeping and Compliance

We maintain detailed records of when and how you provided consent to receive SMS messages. This includes storing opt-in and opt-out dates and timestamps. These records are maintained in compliance with TCPA regulations and may be used to demonstrate proof of consent if required.

9. Changes to Terms and Conditions

Rack Law Group reserves the right to modify or change these Terms and Conditions at any time. Any significant updates will be communicated via SMS or through our website. By continuing to use our SMS services after any changes, you agree to the revised Terms and Conditions.

10. Disclaimers and Liability Limitations

Rack Law Group is not responsible for delayed or undelivered messages. Delivery of SMS messages is subject to effective transmission from your mobile carrier and network provider. We cannot guarantee that SMS services will always be available in all areas.

11. Contact Information

If you have any questions or concerns regarding these Terms and Conditions or the SMS service, please contact us at:
  • Email: info@racklawgroup.com
  • Phone: 602-661-6300
  • Address: 2375 E. Camelback Road, Suite 350, Phoenix, AZ 85016

Links:


Key 2024 Compliance Elements:

  • One-to-One Consent: Reflects the 2024 FCC regulation that requires explicit consent for messages from a single seller, preventing bundled consents for multiple parties​
  • Clear Disclosures: The template clearly outlines message frequency, data rates, opt-out mechanisms, and consent specifics as required by the TCPA
  • Opt-Out Mechanisms: Clear opt-out instructions are provided, with immediate processing of opt-out requests, as required under current guidelines​

This updated Terms and Conditions template complies with the 2024 TCPA and FCC guidelines, ensuring that your SMS marketing practices are transparent, compliant, and user-friendly.