TCPA Consent & Do-Not-Call Policy

Last updated: October 2, 2026 · Effective October 2, 2026 · Kikzeny Cartagena LLC d/b/a ARI

This Policy explains the consent, documentation, and opt-out requirements that apply to any Customer using ARI's outbound calling and texting automation features. It supplements the ARI Terms of Service and Acceptable Use Policy. This Policy places compliance obligations directly on the Customer - ARI provides tools to help you comply, but we do not verify the lawful basis of any contact list you upload, and you are responsible for your own compliance with the Telephone Consumer Protection Act (TCPA), state telemarketing laws, and carrier requirements.

1. Why This Matters

The TCPA imposes statutory damages of $500 to $1,500 per violation for unauthorized autodialed calls or texts to a wireless number without proper consent. As the party sending the message or making the call, you (the Customer) bear direct legal exposure - and misuse across the platform can also result in carrier-level penalties or shutdowns that affect all ARI customers. This is why compliance is a condition of using ARI's calling/texting features, not just a suggestion.

2. Consent Requirements

Before enrolling any Contact in an automated call or text sequence through ARI, you must have:

  • Prior Express Written Consent for marketing/promotional calls or texts using an autodialer or prerecorded voice - meaning the individual agreed in writing (which can be electronic, e.g., a checked box or submitted form) to receive such communications from you, at the specific number, and understood consent was not a condition of purchase.
  • Prior Express Consent (a lower bar, but still required) for informational/transactional messages.
  • A clear record of how and when consent was obtained (e.g., website form submission with timestamp, signed listing agreement, verbal consent recorded during a call with disclosure).

Do not upload purchased or scraped contact lists into ARI's calling/texting features unless you can document a valid consent basis for each contact. This is one of the most common sources of TCPA liability.

3. Required Disclosures at Point of Consent

Your consent collection method (web form, sign-up sheet, etc.) should disclose:

  • That the individual is agreeing to receive automated calls/texts
  • The identity of the business sending them
  • That message/data rates may apply (for texts)
  • That consent is not a condition of any purchase
  • How to opt out

4. Do-Not-Call (DNC) Compliance

  • You must not contact numbers on the National Do-Not-Call Registry for marketing purposes unless an exemption applies (e.g., existing business relationship, prior express written consent).
  • You must maintain and honor your own internal Do-Not-Call list for anyone who has asked not to be contacted, regardless of registry status.
  • ARI provides opt-out and suppression list tools - you are responsible for using them and keeping suppression lists current across all your campaigns.

5. Opt-Out Handling

  • Every text campaign must include a clear opt-out mechanism (e.g., “Reply STOP to opt out”).
  • Opt-out requests must be honored within 10 business days (sooner is best practice - ARI processes STOP replies automatically where supported).
  • For calls, honor verbal opt-out or “do not call” requests immediately and add the number to your suppression list.
  • Re-contacting an opted-out number, even in a different campaign, is a violation.

6. Time-of-Day Restrictions

Absent different state law limits, do not call or text residential/wireless numbers before 8:00 AM or after 9:00 PM in the Contact's local time zone.

7. State Law Variations

Several states (e.g., Florida, where you are based, plus states like California, Washington, Oklahoma) impose additional telemarketing restrictions beyond the federal TCPA, including registration requirements, stricter consent rules, or private rights of action. If you or your Customers contact individuals across multiple states, confirm compliance with each applicable state's telemarketing law.

8. Record-Keeping

Maintain records of:

  • Consent documentation for each Contact enrolled in calling/texting
  • Opt-out requests and the date honored
  • Suppression list history

Retain these records for at least 4 years, consistent with the TCPA's statute of limitations.

9. Carrier Registration (A2P 10DLC)

If your text messages route through a carrier network (e.g., via Twilio or similar infrastructure), your business must complete A2P 10DLC registration before sending anything beyond low-volume test traffic. Unregistered senders face message filtering, throttling, or outright blocking by carriers. This is a business registration step, separate from ARI itself - see our onboarding guide for details on completing it.

10. Consequences of Non-Compliance

Violations of this Policy may result in:

  • Immediate suspension of your calling/texting features
  • Account termination per the Terms of Service
  • You remaining solely liable for any statutory damages, regulatory fines, or legal costs arising from your non-compliant use

11. Contact

Questions about this Policy or how to configure consent/opt-out tracking in ARI:

Kikzeny Cartagena LLC
hello@myari.io

Questions about this policy? Contact hello@myari.io.

Related: SMS consent & opt-in · Acceptable Use Policy · Terms of Service

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