Effective Date: January 1, 2025
These SMS Terms and Conditions ("Terms") govern your use of text messaging services provided by Commonwealth Financial Solutions, Inc. ("CFS"). By providing your mobile phone number and consenting to receive text messages, you agree to these Terms.
1. Program Description
CFS offers SMS text messaging as a communication channel for debt collection activities. This service allows us to send you account notifications, payment reminders, and other account-related information via text message.
2. Consent and Authorization
By providing your mobile phone number to CFS, you:
- Consent to receive text messages from CFS regarding your account
- Authorize CFS to use automated technology to send text messages
- Confirm that you are the subscriber or authorized user of the mobile phone number provided
- Agree to notify us immediately if you change your phone number
Consent is not required as a condition of service or purchase.
3. Message Frequency
The number of messages you receive will vary based on your account activity and communication preferences. During active collection efforts, you may receive multiple messages per week. We will make reasonable efforts to limit message frequency.
4. Message and Data Rates
Standard message and data rates may apply based on your mobile carrier's plan. CFS does not charge for text messages, but your mobile carrier may charge you for messages sent and received. Please contact your mobile carrier for information about your messaging plan and rates.
5. Supported Carriers
Our SMS program is available on major U.S. carriers including AT&T, T-Mobile, Verizon, Sprint, Boost, Cricket, MetroPCS, U.S. Cellular, Virgin Mobile, and others. Availability may vary by carrier.
6. Opt-Out Instructions
You may opt out of receiving text messages at any time by:
- Replying "STOP," "END," "QUIT," "UNSUBSCRIBE," or "CANCEL" to any text message from CFS
- Calling us at 540-373-6441 and requesting to opt out
- Sending a written request to: CFS, PO Box 4, Rhoadesville, VA 22542-0004
After you opt out, you will receive one final confirmation message. You will not receive further text messages unless you re-consent to the program.
7. Help and Support
For help or more information:
- Reply "HELP" to any text message from CFS
- Call us at 540-373-6441
- Email us at [email protected]
8. Changes to Your Phone Number
You must notify CFS immediately if you:
- Change your mobile phone number
- Transfer your phone number to another person
- No longer wish to receive text messages
Failure to notify us may result in messages being sent to the new subscriber of your former number.
9. Prohibited Uses
You agree not to:
- Use the SMS service for any unlawful purpose
- Send spam, harassment, or abusive messages
- Attempt to interfere with the SMS service
- Impersonate another person or entity
10. Service Availability
CFS does not guarantee that the SMS service will be available at all times or that messages will be delivered without delay. Service may be interrupted due to:
- Mobile carrier network issues
- Technical problems
- Maintenance or updates
- Circumstances beyond our control
11. Privacy and Data Security
Your use of the SMS service is subject to our SMS Privacy Policy. We implement security measures to protect your information, but SMS is not a completely secure medium. You should avoid sending sensitive information (such as Social Security numbers or payment card information) via text message.
12. FDCPA Compliance
All SMS communications from CFS are subject to the Fair Debt Collection Practices Act (FDCPA). You have the right to:
- Request validation of the debt
- Dispute the debt
- Request that we cease communication
To exercise these rights, contact us at 540-373-6441 or send a written request to our mailing address.
13. TCPA Compliance
CFS complies with the Telephone Consumer Protection Act (TCPA). We will only send text messages to numbers for which we have obtained proper consent. We use automated technology to send text messages, but you may revoke consent at any time by opting out.
14. Modifications to Terms
CFS reserves the right to modify these Terms at any time. We will notify you of material changes by text message or by posting updated Terms on our website. Your continued use of the SMS service after changes are posted constitutes acceptance of the modified Terms.
15. Termination
CFS may terminate or suspend the SMS service at any time, with or without notice, for any reason including:
- Violation of these Terms
- Account closure or payment in full
- Technical or operational reasons
16. Disclaimer of Warranties
The SMS service is provided "as is" without warranties of any kind, either express or implied. CFS does not warrant that:
- The service will be uninterrupted or error-free
- Messages will be delivered in a timely manner
- The service will meet your specific requirements
17. Limitation of Liability
To the fullest extent permitted by law, CFS shall not be liable for any damages arising from:
- Delayed or undelivered messages
- Service interruptions or errors
- Unauthorized access to your messages
- Mobile carrier charges or fees
18. Indemnification
You agree to indemnify and hold CFS harmless from any claims, damages, or expenses arising from your use of the SMS service or violation of these Terms.
19. Governing Law
These Terms are governed by the laws of the Commonwealth of Virginia, without regard to conflict of law principles.
20. Dispute Resolution
Any disputes arising from these Terms or the SMS service shall be resolved through binding arbitration in accordance with the rules of the American Arbitration Association, except where prohibited by law.
21. Contact Information
For questions about these Terms or the SMS service, contact us:
Commonwealth Financial Solutions, Inc.
PO Box 4
Rhoadesville, VA 22542-0004
Phone: 540-373-6441
Email: [email protected]
By providing your mobile phone number and consenting to receive text messages, you acknowledge that you have read, understood, and agree to these SMS Terms and Conditions.