SMS Compliance Policy

This policy describes how TextFuse handles consent, opt-out, and carrier compliance for text messaging in Canada and the United States. It is mandatory reading for every account holder and is incorporated into our Terms of Service.

1. What laws apply

Canada: Canada's Anti-Spam Legislation (CASL) governs commercial electronic messages, including SMS, sent to Canadian recipients.
United States: the Telephone Consumer Protection Act (TCPA) and CAN-SPAM govern SMS sent to US recipients, with additional rules from the FCC and CTIA.
Carrier rules: Canadian and US mobile carriers (Rogers, Telus, Bell, AT&T, Verizon, T-Mobile, etc.) enforce their own Messaging Principles, which apply on top of the law. A carrier complaint can suspend your account even if your messages were legal.

If you send messages to recipients in other jurisdictions, you are responsible for local law.

2. Consent is mandatory

You must have express consent from every recipient before sending them any commercial SMS. Implied consent ("they gave us their number when they bought something") is not enough under CASL for marketing messages.

What counts as express consent

A clearly-worded checkbox (not pre-checked) on a web form that explicitly mentions "text messages" or "SMS";
A signed paper or digital intake form with the same disclosure;
A text-back response to a keyword (e.g., the recipient texts "JOIN" to your number);
A verbal "yes" in-person or on a recorded call, with a record kept.

Your consent notice must state, in plain language: who is sending the messages, what kind of messages (e.g., appointment reminders, promotions), approximate frequency, that message and data rates may apply, and that the recipient can reply STOP to opt out at any time.

Record-keeping

You must keep a record of when and how each contact consented — the exact opt-in language, the date, and the source. If a carrier or regulator asks for proof, you (not TextFuse) are expected to produce it. We recommend storing this evidence with each contact record using the tags or notes field.

3. Opt-out handling

TextFuse automatically honours opt-outs, but you cannot rely on the platform alone — you must also avoid bypassing it.

What TextFuse does automatically

Appends an opt-out footer to every broadcast/campaign message: Reply STOP to opt out. If your message body already contains the word STOP or "unsubscribe", we do not double up.
Detects and honours the keywords STOP, UNSUBSCRIBE, CANCEL, END, and QUIT (case-insensitive). The contact is immediately marked opted out and will not receive further messages from your account.
Sends a confirmation reply — required by carrier rules — telling the recipient they have been unsubscribed and how to opt back in.
Honours re-opt-in via the keywords START, UNSTOP, or YES — but only re-enables messaging for contacts who previously opted out via the same account.
Hosts a public unsubscribe page at /opt-out, which account holders can link in messages where space allows.

What you must do

Never attempt to message a contact marked optedOut = true. The platform blocks this, and attempts to do so are considered a Terms violation.
If a recipient asks you verbally, by email, or through any other channel to stop, mark them opted out in TextFuse.
Honour every opt-out within 10 business days (CASL requirement). TextFuse processes them in under a second.

4. Message content rules

Every commercial message must include:

Clear sender identification — your business name must appear in the message if it is not obvious from the conversation context;
A way to opt out — the auto-appended "Reply STOP to opt out" footer covers this;
Valid contact information — recipients should be able to identify how to reach you if they have a complaint.

Do not send messages containing:

SHAFT content (Sex, Hate, Alcohol, Firearms, Tobacco) — carriers will block or fine for this;
Cannabis, CBD, vaping, illicit drugs, gambling, payday loans, debt forgiveness, firearms, cryptocurrency or digital-asset promotion, or adult services — all carrier-prohibited even where locally legal;
Phishing, deceptive links, fake shortened URLs, or impersonation of other brands;
Content that targets minors.

5. Time-of-day rules

Do not send promotional messages outside of 9:00 AM – 9:00 PM in the recipient's local time zone. Transactional messages (appointment reminders, delivery updates) may be sent when operationally appropriate. Emergency messages are always allowed. TextFuse gives you scheduled sends — use them.

6. Volume and reputation

Carriers watch for spam-like patterns: high volume from a new number, high opt-out rates (>2%), repeated complaints, or identical bodies blasted to large lists. TextFuse throttles sends to protect your sender reputation, but you are responsible for writing varied, valuable messages to people who asked for them.

7. Age gating

Do not send messages intended for audiences under 16. If your list may include minors, you are responsible for obtaining additional parental consent as required by law.

8. What we do if you violate this policy

Depending on severity, we may:

Warn you by email and request corrective action;
Pause sending from your account until the issue is resolved;
Terminate your account without refund;
Report the violation to the relevant carrier or regulator;
Preserve evidence in response to a subpoena or CRTC/FCC investigation.

Multiple complaints, STIR/SHAKEN rejection, or a single serious incident (e.g., phishing) will result in immediate termination.

9. Your certification

By sending messages through TextFuse you certify, for every message, that:

You have express consent from the recipient;
You keep a dated record of that consent;
The recipient has not opted out through any channel;
The content complies with this policy and applicable law;
You will indemnify TextFuse for any claim, fine, or carrier penalty arising from your messages, as set out in our Terms of Service.

10. Reference links

11. Contact

Compliance questions: compliance@textfuse.ca. Consumers who received a message they didn't consent to can also reply STOP to any message or use /opt-out.