Effective Date: October 27, 2025
Last Updated: October 27, 2025
This A2P (Application-to-Person) 10DLC (10-Digit Long Code) Messaging Policy ("Policy") governs the use of SMS and MMS messaging services provided by Fresh Start Marketing Inc ("Company," "we," "us," or "our") through FreshStarts.io. This Policy applies to all customers, users, and recipients of messages sent through our platform.
Application-to-Person (A2P) 10DLC is an industry standard for application-based SMS messaging in the United States, designed to improve message deliverability and reduce spam while supporting legitimate business messaging.
Contact Information:
Fresh Start Marketing Inc
16113 Emiline St
Omaha, NE 68136
Email: [email protected]
Phone: 402-990-6988
Our messaging services comply with:
Telephone Consumer Protection Act (TCPA)
CAN-SPAM Act
CTIA Messaging Principles and Best Practices
Cellular Telecommunications Industry Association (CTIA) Guidelines
Mobile Marketing Association (MMA) Consumer Best Practices
Federal Communications Commission (FCC) Regulations
State-specific telecommunications laws
Fresh Start Marketing Inc is registered with mobile carriers and The Campaign Registry (TCR) for A2P 10DLC messaging. Our messaging campaigns are properly vetted and approved to ensure compliance and optimal message delivery.
We support the following types of business messages:
Customer Care: Customer support, service notifications, account updates
Marketing: Promotional offers, product updates, sales information (with proper consent)
Account Notifications: Account alerts, security notifications, billing information
Appointment Reminders: Scheduling confirmations, appointment reminders
Lead Generation: Business inquiries, quote requests, information requests
Conversational Messaging: Two-way customer interactions, AI agent conversations
All messages sent through our platform must:
Clearly identify the sender (business name)
Provide accurate and truthful information
Include opt-out instructions in the first message and periodically thereafter
Be relevant to the recipient's relationship with the business
Comply with character limits and formatting guidelines
Not contain prohibited content (see Section 4)
Messages sent through our platform must NOT contain or promote:
Illegal Activities: Any illegal products, services, or activities
Adult Content: Pornography, adult entertainment, or sexually explicit material
Gambling: Casino services, sports betting, lottery, gaming
Controlled Substances: Cannabis/marijuana, CBD products (in restricted states), illegal drugs, unauthorized pharmaceuticals
Tobacco and Vaping: Cigarettes, e-cigarettes, vaping products, tobacco
Firearms: Weapons, ammunition, firearms sales
Hate Speech: Discriminatory, harassing, or threatening content
Deceptive Practices: Phishing, fraud, scams, pyramid schemes
Debt Collection: Debt consolidation or collection services (without proper licensing)
High-Risk Financial Services: Payday loans, get-rich-quick schemes, cryptocurrency schemes
Alcohol: Direct sales or promotion of alcoholic beverages
The following practices are strictly prohibited:
Spam: Unsolicited bulk messages or unwanted commercial messages
Message Pumping: Artificially inflating message volumes
Shared/Forwarded Content: Messages designed to be forwarded or shared
Phishing: Attempts to acquire sensitive information through deceptive messages
Fraudulent Activity: Impersonation, misleading claims, scams
Malware Distribution: Links to malicious software or harmful content
Age-Gated Content: Content requiring age verification without proper mechanisms
Third-Party Advertising: Sending messages on behalf of unaffiliated third parties
Before sending any marketing or promotional messages, you must obtain express written consent from recipients. Valid consent requires:
Clear and Conspicuous Disclosure: Recipients must clearly understand they are agreeing to receive SMS messages
Affirmative Action: Active opt-in (checking a box, submitting a form, replying with a keyword)
Disclosure of Message Frequency: Inform recipients how often they'll receive messages
Disclosure of Purpose: Explain what types of messages they'll receive
Disclosure of Standard Rates: Include "Message and data rates may apply"
Company Identification: Clearly identify your business name
Compliant consent language should include:
"By checking this box and submitting this form, you agree to receive marketing and promotional SMS messages from [Your Business Name] at the phone number provided. Message frequency varies. Message and data rates may apply. Reply STOP to unsubscribe or HELP for assistance."
Acceptable methods for obtaining consent include:
Online Forms: Web forms with clear opt-in checkboxes and disclosures
Point of Sale: In-person sign-ups with written consent
Text-to-Join Keywords: Customers text a keyword to opt in (e.g., "Text JOIN to 12345")
Verbal Consent (AI Agents): Clear verbal agreement captured during phone conversations with AI agents, with proper disclosures
Appointment Requests: Consent obtained when customers request appointments or information
You must maintain records of consent for all recipients, including:
Date and time of consent
Method of consent (form submission, keyword, verbal, etc.)
Phone number consented to receive messages
Consent language presented to the recipient
IP address or device identifier (where applicable)
Consent records must be retained for at least 4 years from the date of consent or last message sent.
Express written consent is NOT required for:
Transactional Messages: Order confirmations, shipping notifications, account alerts
Appointment Confirmations: Messages confirming appointments the recipient scheduled
Customer Service: Responses to customer inquiries or support requests
However, recipients must still have a reasonable expectation to receive these messages based on their relationship with your business.
Every marketing message must include clear opt-out instructions. Recipients can opt out by:
Replying "STOP" to any message
Replying "UNSUBSCRIBE" to any message
Contacting us directly at [email protected] or 402-990-6988
Opt-out requests must be honored immediately and automatically, with no delays or additional requirements.
When a recipient opts out, the system must:
Immediately stop sending messages to that number
Send a confirmation message acknowledging the opt-out (e.g., "You have been unsubscribed from [Business Name] messages. Reply HELP for assistance or contact us at [phone/email]")
Add the number to a suppression list
Not send any further marketing messages unless the recipient explicitly opts back in
Opt-out requests must be processed:
Immediately: Within seconds of receiving the STOP request
No grace period: No additional messages after opt-out, except the confirmation
Permanent: Opt-outs remain in effect indefinitely unless recipient re-consents
Recipients who reply "HELP" or "INFO" must receive:
Business name and contact information
Instructions on how to opt out
Customer support contact details
Example Help Response: "This is [Business Name]. For help, call 402-990-6988 or email [email protected]. Reply STOP to unsubscribe. Msg&Data rates may apply."
If a recipient has previously opted out and wishes to opt back in:
They must take an affirmative action to re-consent
Previous opt-out cannot be automatically overridden
New consent must meet all requirements in Section 5
Message frequency should be:
Disclosed at consent: Tell recipients approximately how often they'll hear from you
Reasonable: Avoid excessive messaging that could be perceived as spam
Consistent with expectations: Match the frequency disclosed at opt-in
Marketing messages should be sent:
Between 8:00 AM and 9:00 PM in the recipient's local time zone
Not on major holidays unless contextually relevant
At reasonable intervals (avoid sending multiple messages in short timeframes)
Exception: Transactional and time-sensitive messages (appointment reminders, order updates) may be sent outside these hours when necessary.
While we don't impose strict usage limits, customers should:
Maintain reasonable message volumes appropriate to their business
Avoid sudden spikes in volume that may trigger carrier filtering
Monitor delivery rates and engagement metrics
Adjust frequency based on recipient engagement and opt-out rates
When using our AI phone agents to collect phone numbers for SMS messaging:
Clear Disclosure: AI agents must clearly inform callers that they will receive SMS messages
Verbal Consent: AI agents must obtain explicit verbal consent before enrolling callers in SMS programs
Consent Confirmation: System must log and timestamp verbal consent
Follow-Up Message: First SMS message must confirm enrollment and include opt-out instructions
Compliant AI agent scripts should include:
Business name identification
Purpose of message program
Request for permission to send SMS messages
Disclosure of message frequency
Standard rates disclosure
Confirmation of caller's agreement
Example AI Agent Script:
"Thank you for your interest in [Business Name]. To keep you updated about your appointment/inquiry, may I have your permission to send you text messages? You can unsubscribe at any time by replying STOP. Standard message and data rates may apply. Do I have your permission?"
As a customer of Fresh Start Marketing Inc, you are responsible for:
Obtaining proper consent from all message recipients
Maintaining consent records for audit and compliance purposes
Providing accurate information about your business and messaging practices
Complying with all applicable laws and regulations
Monitoring message content to ensure compliance with this Policy
Responding to recipient inquiries and complaints promptly
Honoring opt-out requests immediately
Maintaining accurate contact lists and removing invalid numbers
Training staff and AI agents on compliance requirements
Customers must NOT:
Send messages to purchased, rented, or scraped contact lists
Send messages without proper consent
Use misleading sender IDs or business names
Include prohibited content (see Section 4)
Ignore or delay opt-out requests
Share phone numbers with third parties without consent
Use messaging for illegal purposes
Violate TCPA, CTIA, or other regulatory requirements
Fresh Start Marketing Inc commits to:
Maintaining A2P 10DLC registration and compliance
Providing compliant messaging infrastructure
Processing opt-out requests automatically and immediately
Monitoring for spam and abuse
Cooperating with carrier and regulatory audits
Updating this Policy as regulations evolve
We reserve the right to:
Monitor message content for compliance with this Policy
Review campaign practices and consent procedures
Request documentation of consent and compliance practices
Suspend or terminate services for policy violations
Report violations to carriers, regulators, or law enforcement
Implement filters to block prohibited content
Violations of this Policy may result in:
Warning: First-time or minor violations may receive a warning
Service Suspension: Immediate suspension of messaging services
Account Termination: Permanent termination of account
Legal Action: Potential legal action for damages or regulatory fines
Regulatory Reporting: Reporting to carriers, TCR, or regulatory authorities
Message delivery depends on:
Campaign Registration: Proper A2P 10DLC registration and vetting
Content Quality: Compliance with carrier content standards
Sending Patterns: Consistent, reasonable message volumes
Engagement Rates: Recipient responses and opt-out rates
Complaint Rates: Spam reports and recipient complaints
Mobile carriers may filter or block messages that:
Contain prohibited content or suspicious links
Have high opt-out or complaint rates
Show spam-like characteristics
Come from unregistered or low-trust campaigns
Violate carrier-specific policies
While we strive for high delivery rates:
We cannot guarantee 100% delivery of all messages
Carriers have final authority over message delivery
Compliant messaging practices improve delivery rates
Customers should monitor analytics and adjust practices accordingly
Phone numbers and messaging data are protected according to our Privacy Policy. We:
Store phone numbers securely
Do not sell or share phone numbers with third parties
Maintain opt-out lists indefinitely
Process data in compliance with applicable privacy laws
Message content and conversation records:
May be monitored for compliance purposes
Are stored securely and encrypted
Are accessible to customers through their accounts
May be retained for legal and compliance purposes
Messaging costs are determined by:
Your service plan and pricing model
Message volume and type
Carrier fees and surcharges
Campaign registration and vetting fees (if applicable)
Recipients may incur:
Message charges from their mobile carrier
Data charges for MMS messages
This is why "Message and data rates may apply" must be disclosed at opt-in.
If a message recipient files a complaint:
We will investigate the complaint promptly
You may be required to provide consent documentation
Repeated complaints may result in service suspension
You are responsible for responding to recipient inquiries
To report spam, abuse, or policy violations:
Recipients can reply STOP to opt out
Complaints can be sent to [email protected]
Serious violations can be reported to the FCC or FTC
We may update this A2P 10DLC Messaging Policy as regulations and industry standards evolve. Updates will be:
Posted on our website with a new "Last Updated" date
Communicated to customers via email
Effective immediately upon posting unless otherwise stated
Your continued use of our messaging services after updates constitutes acceptance of the revised Policy.
For questions, concerns, or compliance assistance regarding this A2P 10DLC Messaging Policy, please contact:
Fresh Start Marketing Inc
16113 Emiline St
Omaha, NE 68136
Email: [email protected]
Phone: 402-990-6988
Acknowledgment:
By using Fresh Start Marketing Inc messaging services, you acknowledge that you have read, understood, and agree to comply with this A2P 10DLC Messaging Policy and all applicable laws and regulations governing SMS/MMS messaging.