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SMS Policy

SMS/Text Consent Policy

This policy explains how National Excess Proceeds Exchange uses text messaging (SMS) to communicate with individuals who have provided their consent. Please read this policy carefully.

1. Opt-In Procedures

National Excess Proceeds Exchange ("NEPEX," "we," "us," or "our") only sends text messages to individuals who have provided explicit prior consent to receive such messages. Consent is obtained through our website forms, where users affirmatively check a consent checkbox that clearly discloses the nature of the text message communications they will receive.

By checking the SMS consent checkbox and submitting a form on our website, you:

  • Expressly authorize NEPEX to send you text messages (SMS and MMS) to the phone number you provide
  • Confirm that you are the subscriber or authorized user of the phone number provided
  • Acknowledge that you are not required to consent to receive text messages as a condition of using our educational services, submitting an inquiry, or receiving a response
  • Understand that you may receive texts even if your number is on a do-not-call list, consistent with applicable law

We record and maintain records of all SMS consent opt-ins, including the date, time, method, and scope of consent provided. You may request a copy of your consent record by contacting us.

2. Message Frequency

Message frequency varies. The number of text messages you receive depends on the nature of your inquiry, your engagement with our educational process, and your communication preferences.

Typical message patterns include:

  • An initial acknowledgment message confirming receipt of your inquiry or form submission
  • Follow-up messages related to your specific inquiry, educational review, or referral coordination
  • Occasional educational messages or updates related to excess proceeds and surplus funds, only when you have consented to receive such messages

We do not engage in mass promotional text messaging campaigns. Messages are generally related to specific inquiries, educational reviews, or professional referral coordination that you have initiated or consented to receive.

3. Message and Data Rates

Message and data rates may apply. Standard message and data rates charged by your mobile carrier apply to all text messages you send to NEPEX and all text messages NEPEX sends to you. You are responsible for any charges from your mobile carrier associated with text messaging.

The frequency and cost of text messages depend on your mobile carrier and your service plan. Please contact your mobile carrier if you have questions about your plan's text messaging rates, data charges, or any limits or restrictions on text messages.

NEPEX does not charge any fee for sending or receiving text messages through our standard messaging program. Any charges you incur are solely from your mobile carrier.

4. How to Opt Out

You may opt out of receiving text messages from NEPEX at any time. To opt out, reply with the word STOP, END, CANCEL, UNSUBSCRIBE, or QUIT to any text message you receive from us.

Upon receiving your opt-out request, we will:

  • Send you a single confirmation text acknowledging that you have been unsubscribed
  • Cease sending further text messages to your number, unless you subsequently provide new consent
  • Process your opt-out request promptly, generally within a reasonable timeframe

If you have opted out and continue to receive text messages, or if you experience difficulty opting out, please contact us immediately using the contact information provided at the end of this policy.

5. How to Get Help

For help with our text messaging program, you may:

  • Reply HELP to any text message you receive from us. You will receive a text response with information about our messaging program and contact details for further assistance.
  • Email us at [email protected]
  • Call us at (855) 555-1234 during business hours
  • Contact us through our website at the contact page

6. Privacy of Text Message Data

Text message content, phone numbers, and related metadata are treated as personal information under our Privacy Policy. We do not sell, share, or disclose your text message data, phone number, or message content to third parties for their own marketing purposes.

We may share text message data with service providers who assist us in delivering our messaging services, subject to contractual obligations requiring those providers to protect your data and use it only for the purposes for which it was disclosed.

We retain text message records in accordance with our data retention practices, as described in our Privacy Policy. You may request deletion of your text message data by contacting us, subject to any legal or operational retention requirements.

7. CTIA Compliance and Industry Standards

Our text messaging program is designed to comply with applicable laws, regulations, and industry standards, including:

  • The Telephone Consumer Protection Act (TCPA) and its implementing regulations
  • CTIA Messaging Principles and Best Practices, including the CTIA Short Code Monitoring Program requirements
  • Applicable Federal Communications Commission (FCC) rules and guidance regarding text messaging and consumer consent
  • Applicable state laws and regulations governing text message communications and consumer privacy

Our compliance measures include:

  • Clear, conspicuous disclosure of the nature and scope of text message communications before consent is obtained
  • Affirmative opt-in consent mechanisms (checkbox) that are separate and distinct from other terms and conditions
  • Records of consent maintained for each individual who has opted in
  • Immediate processing of opt-out requests and confirmation of opt-out status
  • Clear HELP instructions included in messaging program disclosures and available upon request
  • No requirement that consumers consent to text messages as a condition of receiving educational services or submitting inquiries
  • No use of text messages for unsolicited marketing or promotional campaigns without appropriate consent

8. Supported Carriers

Our text messaging program is available on most major U.S. mobile carriers. However, delivery of text messages is subject to the terms, conditions, and technical limitations of your mobile carrier. We are not responsible for delayed or undelivered messages due to carrier issues, network outages, or device settings.

If you experience issues receiving text messages from us, please check your device settings, ensure that text messaging is enabled on your account, and confirm with your carrier that short code or application-to-person (A2P) messaging is not blocked.

9. Changes to This SMS Consent Policy

We may update this SMS/Text Consent Policy from time to time. When we make material changes, we will post the updated policy on this page and update the effective date. If the changes materially affect your rights or the scope of your consent, we may provide additional notice, including by text message where consent for such communications exists.

Your continued receipt of text messages from us after changes to this policy are posted constitutes your acknowledgment of the updated policy, provided that the scope of your original consent is not expanded without additional affirmative consent.

10. Contact Information

If you have questions about this SMS/Text Consent Policy, concerns about your consent status, or need assistance with our text messaging program, please contact us:

Message and data rates may apply. Message frequency varies. Reply STOP to unsubscribe. Reply HELP for help. Consent is not a condition of purchase or service. National Excess Proceeds Exchange is not a law firm, does not provide legal advice, and is not a government agency.