Anti-Spam Policy

Last Updated: December 1, 2025

This Anti-Spam and Messaging Compliance Policy (“Policy”) describes the standards Clerk Chat, Inc. enforces to prevent spam, protect recipients of messages transmitted through the Services, and comply with applicable federal and state law, FCC regulations, and carrier acceptable use policies. This Policy applies to all Clerk Chat customers (“Operators”), their authorized users, and recipients (“Recipients”) of messages transmitted via the Clerk Chat platform. All capitalized terms have the meanings set forth in the Clerk Chat Terms of Service Agreement.

1. Clerk Chat's Role as Campaign Service Provider (CSP)

Clerk Chat operates as a Campaign Service Provider (CSP) within the 10DLC messaging ecosystem and as an intermediate provider of telecommunications services. In this capacity, Clerk Chat:

• Facilitates registration of Operator brands and campaigns with The Campaign Registry (TCR)
• Transmits A2P SMS/MMS traffic on behalf of registered Operators on Clerk Chat's network
• Enforces carrier acceptable use policies, TCR guidelines, and this Policy
• Monitors traffic for compliance indicators including opt-out rates, complaint rates, and content patterns
• Implements STIR/SHAKEN caller ID authentication for voice calls per the TRACED Act and 47 C.F.R. Part 64, Subpart CC
• Cooperates with carriers, TCR, the FCC, FTC, state attorneys general, and law enforcement

Clerk Chat Is Not a Co-Originator: Clerk Chat does not control message content. Operators are solely responsible for message legality, accuracy, and compliance with all applicable laws. Clerk Chat's enforcement of this Policy and its intermediate-provider FCC obligations do not make Clerk Chat a co-sender for TCPA purposes. However, Clerk Chat's independent FCC obligations may require it to block non-compliant traffic, and its exercise of those obligations is not a basis for Operator claims against Clerk Chat.

2. Prohibited Messaging — Definition of Spam

The following categories of messaging are prohibited on the Clerk Chat platform:

• Unsolicited Commercial Messaging: Any SMS, MMS, RCS, or voice message to a recipient who has not provided Prior Express Written Consent (PEWC) to receive messages from the Operator specifically.
• Post-Opt-Out Messaging: Messages to recipients who have previously opted out from the Operator's communications.
• Third-Party List Messaging: Messages to purchased, rented, or aggregated lists where recipients did not directly and individually opt in to receive communications from the Operator specifically — regardless of vendor representations about consent.
• Co-Registration or Shared Consent Messaging: Pursuant to FCC regulations effective January 27, 2025, consent collected by a lead generator or co-registration form on behalf of multiple sellers does not constitute PEWC for any individual Operator. Use of such consent lists is prohibited.
• Misrepresented Sender Messaging: Messages using spoofed caller ID or misrepresented originating numbers in violation of 47 U.S.C. § 227(e).
• Unregistered / Pre-Approval Campaign Traffic: A2P SMS sent from 10DLC numbers without a TCR-CONFIRMED ACTIVE campaign. Submitted-but-pending status does not authorize traffic.
• Reassigned Number Messaging: Messages to numbers identified as reassigned by the NRSC after the date of original opt-in consent.
• Recycled Number Messaging: Messages to recently-reassigned numbers without NRSC verification.
• Shared Short Code Traffic: Any A2P or marketing traffic on a short code shared among multiple brands.
• AI Voice Spam: AI-generated voice calls to wireless numbers or residential lines without PEWC, per the FCC's February 8, 2024 Prerecorded Voice declaratory ruling.

3. Operator Obligations

3(a). Consent — 1-to-1 Consent Rule (FCC Effective January 27, 2025)

3(a)(i). Direct, Individual Opt-In Required

Operators may only send marketing or promotional messages to individuals who have directly and affirmatively opted in to receive messages from that Operator specifically. Per FCC regulations effective January 27, 2025, consent must be obtained on a 1-to-1 basis. The following are prohibited regardless of what the list vendor represents:

• Use of purchased, rented, or third-party contact lists for any marketing campaigns
• Co-registration schemes where a single form collects consent for multiple companies simultaneously
• Pre-checked opt-in boxes or any implied consent mechanism
• Consent conditioned on purchasing a product or service

3(a)(ii). PEWC Requirements

Prior Express Written Consent must:

• Be in writing (electronic signatures acceptable)
• Clearly identify the Operator by name
• Describe message types and approximate frequency
• Disclose that message and data rates may apply
• Provide clear opt-out instructions
• Not be a condition of purchase
• Be obtained specifically for the Operator — not bundled with consent for other entities

3(a)(iii). Consent Documentation — 4-Year Retention with NRSC Records

Operators must maintain Consent Documentation for each recipient for a minimum of four (4) years, including:

• Recipient's telephone number
• Date and time consent was obtained
• Method of consent (web form, keyword opt-in, paper, etc.)
• Exact consent language presented to the recipient, clearly identifying the Operator
• Identity of the entity that collected consent
• Carrier/MNO of the recipient at time of consent (for wireless number portability defense)
• Date and result of the most recent NRSC check for the recipient's number (must be checked at least every 15 days)

3(b). Number Reassignment — NRSC Scrubbing Mandatory

NRSC SCRUBBING IS MANDATORY. Failure to scrub against the NRSC eliminates the safe harbor defense under 47 C.F.R. § 64.1200(a)(3)(iv). Reassigned-number TCPA claims are one of the most active class action theories in 2025-2026.

Before including any telephone number in any campaign, Operators must:

• Check the number against the FCC's Number Reassignment Safeharbor Clearinghouse (NRSC) database before any send
• Re-check all campaign numbers at least every 15 days
• Immediately remove and suppression-list any number identified as reassigned after the date of the original opt-in consent
• Maintain NRSC scrubbing logs as part of Consent Documentation for 4 years

3(c). Opt-Out and Suppression Requirements

Operators must:

• Honor all opt-out requests (STOP, UNSUBSCRIBE, CANCEL, END, QUIT, REMOVE, or clearly stated) within 10 business days, and within 24 hours where technically feasible
• Maintain a comprehensive suppression list and prevent re-messaging of any suppressed number
• Not re-register suppressed numbers under new campaigns or brands to circumvent opt-outs
• Send a single compliant opt-out confirmation message and no further commercial messages
• Include opt-out instructions in the initial program message and at minimum every sixth message of recurring programs (CTIA guidelines)
• Check all numbers against the National Do Not Call Registry before commercial calls to residential lines
• Maintain an internal DNC list for a minimum of five (5) years
• For Florida recipients: comply with Florida's state DNC registry under the FTSA in addition to federal NDNC

3(d). Required Message Disclosures

All marketing or promotional messages must include:

• Clear identification of the Operator by business name in every message
• Opt-out instructions in the initial message and periodically thereafter
• For recurring programs: approximate message frequency and “Msg & data rates may apply”
• Link to Operator's privacy policy in the initial program message

3(e). 10DLC Registration — Active Status Required Before Any Traffic

All Operators using 10DLC numbers for A2P SMS must:

• Register brand with TCR before any A2P traffic
• Register each Campaign and confirm ACTIVE status in TCR before sending any traffic — SUBMITTED OR PENDING STATUS DOES NOT AUTHORIZE TRAFFIC
• Select the accurate use case category reflecting actual message content — misregistration is a material violation
• Provide representative message samples and accurate opt-in language
• Comply with throughput limits and carrier guidelines for each approved campaign
• Update registrations promptly when content, frequency, or opt-in method changes
• Not share 10DLC numbers across unrelated campaigns, brands, or companies

TCR standard reviews take 2–5 business days; special use cases take longer. Plan launch timelines accordingly. Clerk Chat will use technically reasonable means to block transmission on campaigns in pending status.

3(f). Shared Short Code — ABSOLUTE PROHIBITION

SHARED SHORT CODES ARE PROHIBITED WITHOUT EXCEPTION. Violation is a material breach of the Terms of Service and grounds for immediate account termination.

Operators may not use shared short codes (short codes used by multiple brands or companies) on the Clerk Chat platform. All short code traffic must be on dedicated short codes registered exclusively to the Operator. CTIA discontinued shared short codes specifically because consent obtained on a shared short code cannot reliably be attributed to any single sender for TCPA purposes. There are no exceptions to this prohibition.

3(g). Prohibited Message Content

The following content is prohibited regardless of consent status:

• SHAFT Content: Sex/adult content, Hate speech, Alcohol (to minors), Firearms (illegal sales), Tobacco/vaping (to minors)
• Controlled substance sales or illegal drug activity
• Phishing, fraud, social engineering, or impersonation
• High-risk financial services content (payday loans, debt relief) without prior carrier vetting and Clerk Chat approval
• Content designed to bypass carrier filtering or evade spam detection
• Content promoting violence, self-harm, or illegal activity

3(h). Channel-Specific Consent Requirements

3(h)(i). SMS and MMS

TCPA PEWC required for marketing messages to wireless numbers. 1-to-1 consent rule applies (FCC, eff. Jan. 27, 2025). NRSC scrubbing required. NDNC check required for residential lines.

3(h)(ii). RCS (Rich Communication Services)

RCS messages must comply with Google's RCS Business Messaging Acceptable Use Policy and any applicable FCC guidance on OTT messaging. Clerk Chat requires express opt-in consent from each recipient before sending any RCS business message — SMS consent does not automatically extend to RCS. Operators should obtain channel-specific consent or clearly disclose in their consent language that messages may be delivered via RCS.

3(h)(iii). WhatsApp Business API

WhatsApp messages must comply with Meta's WhatsApp Business Policy and WhatsApp Commerce Policy. WhatsApp imposes its own strict opt-in requirements: recipients must have explicitly opted in through a WhatsApp-specific flow — general SMS opt-in is not sufficient. Marketing messages outside a 24-hour customer service window require WhatsApp-approved Message Templates. Operators must not send WhatsApp messages to recipients without a compliant WhatsApp-specific opt-in.

3(h)(iv). AI Voice Agent Calls — FCC February 2024 Ruling

AI-generated voice agent calls constitute Prerecorded Voice calls under the TCPA per the FCC's February 8, 2024 declaratory ruling. Prior Express Written Consent is required before any AI voice agent call to a wireless number or residential line for marketing purposes. In addition:

• Some states require affirmative disclosure at call start that the caller is an AI system — Operators are solely responsible for state AI-disclosure compliance
• Calling hour restrictions (8 a.m.–9 p.m. local time of recipient) apply to AI voice calls
• Caller ID for AI voice calls must be accurate and not spoofed
• AI voice calls are subject to the same opt-out and DNC requirements as human-agent calls

3(h)(v). P2P vs. A2P Classification

The requirements in this Policy apply to A2P Messaging (as defined in the Terms). P2P Messaging — messages manually composed one-at-a-time by individual Authorized Users through Clerk Chat's conversational interface — may be exempt from 10DLC campaign registration under carrier guidelines. However:

• Characterizing functionally A2P traffic as P2P to avoid 10DLC registration is carrier fraud and a material breach
• “Functionally A2P” includes API-triggered, bulk, scheduled, and campaign blast messages regardless of the sending interface used
• Carriers monitor P2P channels for A2P patterns and may block suspected mischaracterized traffic without notice
• Operators are solely responsible for correctly classifying traffic and completing all required registrations

4. Clerk Chat Enforcement Mechanisms

4(a). Registration Enforcement

Clerk Chat requires TCR brand and campaign registration with ACTIVE status before enabling A2P SMS. Clerk Chat will block A2P transmission on campaigns in pending, submitted, or rejected status until ACTIVE confirmation is received. Clerk Chat reserves the right to reject campaign registrations that do not comply with TCR guidelines or this Policy.

4(b). Traffic Monitoring

Clerk Chat monitors traffic for:

• Opt-out rates exceeding 5% — campaigns paused pending review
• Carrier complaint rates exceeding 0.3% — campaigns paused pending review
• Volume spikes inconsistent with registered campaign parameters
• Message content inconsistent with registered use case
• P2P channel use at A2P-pattern volumes
• Voice call patterns suggesting caller ID spoofing
• Sending to numbers flagged by NRSC as reassigned

4(c). Enforcement Actions

Upon identifying a violation, Clerk Chat may:

• Issue written warning with 5-business-day cure period (where time permits)
• Pause or block campaigns or phone numbers without notice where required for carrier compliance or regulatory risk
• Suspend the Operator account pending investigation
• Terminate the Operator account
• Report violations to carriers, TCR, FCC, FTC, state attorneys general, or other authorities
• Cooperate fully with law enforcement and regulatory investigations

Immediate action without notice applies to: pre-approval A2P traffic, shared short code use, STIR/SHAKEN violations, NRSC failures, or traffic triggering carrier blocking.

4(d). No Liability for Operator Violations

Clerk Chat's enforcement efforts do not create liability for Operator violations. Operators are solely responsible for TCPA, FTSA, FCC, and state law compliance and indemnify Clerk Chat for all resulting claims per the Terms of Service.

5. Recipient Rights

5(a). Opt-Out

If you receive messages through the Clerk Chat platform and wish to stop, reply with STOP, UNSUBSCRIBE, CANCEL, END, or QUIT. The Operator is required to honor your request within 10 business days. Replying STOP removes you from that specific Operator's list only.

5(b). Reporting Spam or Abuse

• Email compliance@clerk.ai — subject “SPAM REPORT” — include the sender's number, date/time, and message content
• Forward the spam text to 7726 (SPAM) — your carrier will investigate
• File a complaint with the FCC at consumercomplaints.fcc.gov
• File a complaint with the FTC at reportfraud.ftc.gov
• For Florida recipients: file a complaint with the Florida Department of Agriculture and Consumer Services under the FTSA

5(c). Removal from Operator Lists

If your opt-out has not been honored within 10 business days, contact compliance@clerk.ai. Clerk Chat may escalate enforcement against the Operator or, in egregious cases, block the Operator from further messages to your number.

6. State-Specific Compliance Requirements

6(a). Florida — FTSA (Fla. Stat. § 501.059)

FLORIDA LITIGATION RISK: The FTSA is the most active telemarketing class action statute in the country in 2025-2026. Over 60 class actions were filed in Florida in 2024. No proof of actual damages is required.

The FTSA imposes requirements beyond federal TCPA for messages to Florida consumers:

• FTSA's auto-dialer definition is broader than the ATDS definition under Duguid — applies to systems with the capacity to dial without human intervention regardless of random/sequential number generation
• FTSA applies to both calls and text messages
• FTSA requires a signed written agreement before making any telephonic sales call using an auto-dialer
• FTSA creates a private right of action at $500 per violation, trebled to $1,500 if willful, with no actual damages requirement
• Florida has its own state DNC registry separate from NDNC — Operators must check both
• Clerk Chat's customer indemnification under the Terms explicitly covers FTSA claims

Operators sending messages to Florida telephone numbers are strongly advised to retain Florida telecommunications regulatory counsel before launching campaigns.

6(b). Other State Laws

Multiple states impose requirements beyond TCPA, including:

• Texas: Texas Business & Commerce Code Chapter 305
• Washington: Washington Commercial Electronic Mail Act and Consumer Protection Act
• California: California B&P Code § 17538.41
• Indiana, Arkansas, Louisiana, Wisconsin, North Carolina, Tennessee: State DNC registries with private rights of action

Operators are solely responsible for compliance with all applicable state laws.

7. 10DLC Compliance Reference

7(a). Brand Registration

All Operators sending A2P SMS must register their brand at registry.campaign-registry.com before activating any long code A2P capabilities. Misrepresenting brand information in TCR violates TCR's terms of service and this Policy.

7(b). Campaign Registration — Active Status Required

Each messaging use case requires a separate Campaign registration. Operators must:

• Select the accurate use case category
• Provide representative sample messages reflecting actual content
• Describe the opt-in method accurately
• Include compliant opt-out language
• Confirm ACTIVE status in TCR before sending any traffic — SUBMITTED or PENDING status does not authorize traffic

7(c). Special Use Cases Requiring Additional Vetting

The following require additional TCR vetting with longer approval timelines:

• Political messaging
• Higher education
• Emergency services
• Sweepstakes/contests
• High-volume 2FA
• High-volume delivery notifications

Contact support@clerk.ai in advance for special use case campaigns.

8. Contact

Clerk Chat, Inc. | 575 Market St, Suite 2080, San Francisco, CA 94105 | 888-572-5375 | support@clerk.ai | legal@clerk.ai