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SMS Terms

How our SMS program works. What we send, how often, how to opt out, and how we protect your number.

**For:** `/book-inspection/` booking form + `/vehicle-inspection-jobs/` inspector application form **Compliance:** TCPA (SMS), CAN-SPAM (email), CCPA/CPRA (privacy) **Version:** 1.0 — April 21, 2026

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Why this file exists

The TCPA (Telephone Consumer Protection Act) is the single biggest legal risk of this entire project. Violations carry **$500 to $1,500 in statutory damages PER MESSAGE**, with class action potential. A single SMS sent without proper prior express written consent (PEWC) to a plaintiff's attorney's burner phone can cost six figures.

The language below has been drafted to:

  1. Obtain **prior express written consent** explicitly for SMS
  2. Identify VehicleInspectors (brand-specific) as the sender
  3. Disclose message frequency
  4. Disclose that message and data rates may apply
  5. Clearly state that consent is **not a condition of purchase**
  6. Provide STOP/HELP/unsubscribe instructions
  7. Capture timestamp + IP + user agent for litigation defense

**Paste this into WPForms exactly as written.** Do not shorten, summarize, or rearrange. Any change to the consent language requires attorney review.

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1. Booking Form (`/book-inspection/`) — Required Consent Block

Place this block **immediately above the submit button**, after all other form fields, and before any promotional consent checkboxes.

1.1 The Terms Acceptance Checkbox (REQUIRED — not a condition of purchase waiver)

``` [ ] I agree to the Vehicle Inspectors Terms of Service and Privacy Policy.

By checking this box, I acknowledge that I have read and understood the Terms of Service and Privacy Policy, including the binding arbitration agreement and class action waiver in Section 17 of the Terms. ```

  • Checkbox MUST be unchecked by default
  • Submit button MUST be disabled until this checkbox is checked
  • "Terms of Service" and "Privacy Policy" MUST be hyperlinked to `/terms/` and `/privacy/` respectively

1.2 The SMS Consent Checkbox (OPTIONAL — DO NOT condition booking on this)

``` [ ] Text me updates about my inspection.

By checking this box, I provide my prior express written consent for Vehicle Inspectors (VehicleInspectors.com, operated by Ketchup Consulting LLC) to send me recurring transactional and marketing text messages at the mobile phone number I provided. Messages may include booking confirmations, inspector assignments, scheduling updates, report delivery notices, and occasional promotions.

Consent is not a condition of booking. Message frequency varies; typical activity is 3–8 messages per booking. Message and data rates may apply. Reply STOP to opt out at any time or HELP for assistance. For full terms, see our SMS Terms and Privacy Policy. ```

  • Checkbox MUST be unchecked by default
  • Submitting the form with this UNCHECKED must still complete the booking (transactional communications will then default to email only)
  • "SMS Terms" links to `/sms-terms/` (short page — see Section 4 below)
  • "Privacy Policy" links to `/privacy/`
  • Log checkbox state, timestamp, IP, and user agent on submission (TCPA defense evidence)

1.3 Age and Electronic Signature Confirmation

Add as a single-line text just above the submit button (not a checkbox):

``` By clicking "Get My Inspection Started" below, I confirm that I am at least 18 years of age, I am authorized to make this booking, and I consent to receive communications from Vehicle Inspectors electronically. ```

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2. Inspector Application Form (`/vehicle-inspection-jobs/`) — Required Consent Block

Place before submit. Inspectors must accept ALL of these as conditions of applying.

2.1 Terms + ICA Acceptance

``` [ ] I agree to the Inspector Independent Contractor Agreement, the Terms of Service, and the Privacy Policy.

By checking this box, I acknowledge that I have read and understood the Inspector ICA and agree to be bound by it if my application is approved. I understand that I will be engaged as an independent contractor and not as an employee of Vehicle Inspectors or Ketchup Consulting LLC. ```

2.2 SMS Consent for Inspectors

``` [ ] I agree to receive SMS dispatch alerts and operational messages.

By checking this box, I provide my prior express written consent for Vehicle Inspectors to send me recurring SMS alerts for new inspection opportunities, dispatch notifications, schedule confirmations, and operational updates at the mobile phone number I provide. Because timely SMS delivery is essential to the dispatch system, this consent is a condition of participating in the Inspector Network. If you later revoke this consent, your account will be placed in 'paused' status until you re-enroll.

Message frequency: high — expect multiple messages per day during active hours. Message and data rates may apply. Reply STOP to opt out (which will pause your account). ```

**Critical note for inspectors**: unlike the Customer SMS opt-in, Inspector SMS consent IS a condition of participation — because the dispatch system is entirely SMS+email driven. This is legally defensible because Inspector SMS is **operational** (B2B), not marketing. B2B operational SMS has broader consent allowances under TCPA. Still capture consent explicitly.

2.3 Background Check Authorization (recommended)

``` [ ] I authorize Vehicle Inspectors to conduct a background check.

By checking this box, I authorize Vehicle Inspectors (or its designated vendor) to obtain a consumer report and/or investigative consumer report relating to my criminal history, motor vehicle record, and professional qualifications, in accordance with the Fair Credit Reporting Act (FCRA). A separate FCRA disclosure and authorization form will be provided before any background check is conducted. ```

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3. SMS Terms Page Content (`/sms-terms/`)

Create this as a new WP page. Minimum content:

```markdown

Program Overview

Vehicle Inspectors (VehicleInspectors.com, operated by Ketchup Consulting LLC) offers an SMS program to provide booking confirmations, inspector assignments, scheduling updates, report delivery notices, and occasional promotions to customers who have provided prior express written consent.

Consent

By enrolling in the program, you agree to receive recurring transactional and marketing text messages from Vehicle Inspectors at the mobile phone number you provide. Consent is not required to receive services from Vehicle Inspectors.

Message Frequency

Typical activity is 3–8 messages per booking for transactional messages. Marketing messages (if you opt in) are limited to 4 messages per month or fewer.

Cost

Message and data rates may apply depending on your wireless carrier plan. Vehicle Inspectors does not charge for SMS messages.

Opt-Out

You may opt out of SMS communications at any time by replying STOP to any message. After you opt out, you will receive a confirmation message and will not receive further SMS from Vehicle Inspectors unless you re-enroll.

Help

Reply HELP to any message for support or contact us at support@vehicleinspectors.com or (757) 618-2938.

Supported Carriers

AT&T, Verizon Wireless, T-Mobile (including Sprint, Metro by T-Mobile, Boost, Mint Mobile, US Cellular), and most smaller carriers. Carriers are not liable for delayed or undelivered messages.

Privacy

Your SMS phone number and consent metadata (timestamp, IP, browser) are collected and retained for TCPA compliance purposes. We do not sell or share this information. See our Privacy Policy for full details.

Changes

We may update these SMS terms. Changes take effect upon posting. Continued use of the SMS program after changes are posted constitutes acceptance.

Contact

Vehicle Inspectors c/o Ketchup Consulting LLC Temecula, California support@vehicleinspectors.com (757) 618-2938

Last updated: [EFFECTIVE DATE] ```

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4. Data Logging Requirements (engineering)

For every form submission where SMS consent is checked, log to Supabase:

| Field | Column | Notes | |---|---|---| | Phone number | `sms_opt_in_phone` | E.164 format | | Consent checked | `sms_opt_in` | boolean | | Consent timestamp | `sms_opt_in_at` | timestamptz | | Consent IP | `sms_opt_in_ip` | inet | | Consent user agent | `sms_opt_in_user_agent` | text | | Exact consent text shown | `sms_opt_in_text_version` | text — version the consent paragraph and store the version | | Consent source URL | `sms_opt_in_source_url` | text — e.g., `/book-inspection/` | | Consent method | `sms_opt_in_method` | enum: `checkbox` \| `double_opt_in_confirm` |

If you ever get a TCPA claim, this data is your defense. Missing any of these can expose you to full statutory damages.

Double Opt-In (Recommended but Not Required)

Best practice: after checkbox consent, send a single confirmation SMS:

``` Vehicle Inspectors: Reply YES to confirm you want to receive SMS alerts about your inspection booking. Msg & data rates may apply. Reply STOP to opt out at any time. ```

Only mark `sms_opt_in_method = 'double_opt_in_confirm'` after the YES reply is received. This is much stronger evidence of consent than a checkbox alone.

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5. STOP/HELP Keyword Handlers (engineering)

Twilio inbound webhook MUST handle:

| Inbound message | Response | |---|---| | `STOP`, `UNSUBSCRIBE`, `CANCEL`, `END`, `QUIT` | Set `sms_opt_in = false`, send confirmation: *"Vehicle Inspectors: You've been unsubscribed and will receive no more messages. Reply START to re-subscribe."* | | `HELP`, `INFO` | *"Vehicle Inspectors: Need help? Visit vehicleinspectors.com or call (757) 618-2938. Reply STOP to unsubscribe. Msg&data rates may apply."* | | `START`, `UNSTOP`, `YES` | Re-enable `sms_opt_in`, send confirmation |

Do NOT require these keywords to be case-sensitive. Do NOT require them to be the only word in the message.

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6. A2P 10DLC Registration (required before first SMS)

Before sending any Twilio SMS in the U.S., you MUST register with the A2P 10DLC system:

  1. Create Twilio account
  2. Register a Brand (legal business name, EIN, address)
  3. Register a Campaign (use case: "Mixed" — transactional + marketing)
  4. Attach phone number(s) to the campaign
  5. Wait 7–14 days for carrier approval
  6. **Do not send messages until approved** — unregistered traffic is filtered by carriers and can result in Twilio account suspension

Campaign registration fee: ~$15 one-time + $10/month recurring.

Documentation to have ready:

  • Legal business name and EIN
  • Business website URL
  • Expected monthly volume
  • Sample message content
  • Link to the page where users can opt in (this is your `/book-inspection/` page — include the consent language above)

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7. Violations Checklist (DO NOT do these)

  • ❌ Pre-check consent boxes
  • ❌ Bury consent language in fine print
  • ❌ Combine multiple consents into one checkbox ("I agree to everything")
  • ❌ Condition services on non-transactional SMS consent
  • ❌ Send marketing SMS to numbers on the National Do Not Call Registry without proper consent
  • ❌ Send SMS between 9 PM and 8 AM local time of the recipient
  • ❌ Send SMS to any number without logged consent evidence
  • ❌ Ignore STOP requests — must cease all messages within 24 hours (TCPA/CTIA guideline: immediate)
  • ❌ Use different phone numbers to evade an opt-out
  • ❌ Continue sending SMS after any attempt to revoke consent (even an informal reply like "no thanks" or "leave me alone")

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8. When to escalate to counsel

Contact your attorney immediately if:

  • You receive a TCPA demand letter or complaint
  • A customer claims they never consented
  • You're considering changing the consent language
  • You're considering purchased lists, lead-gen partners, or affiliate SMS traffic
  • You're expanding into email drip sequences with more than 2 messages per month
  • You're using any SMS vendor other than Twilio (routing rules differ)

**Budget for this:** expect $250–$500/hour for a TCPA-specialized attorney. Vastly cheaper than defending a class action.