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Manual SMS Lead Follow-Up Policy

1. Purpose

The purpose of this Policy is to establish compliant procedures for sending manual SMS text messages to prospective borrowers who have submitted an inquiry direct to FMS Investor Financing or through an approved lead generation source and have provided consent to receive text message communications. 

This Policy is intended to support prompt lead engagement while ensuring compliance with applicable laws, carrier requirements, internal policies, and industry best practices. 

2. Scope

This Policy applies to all manual SMS text messages sent by employees using company-approved platforms, including RingCentral or other approved business messaging solutions. 

This Policy does not authorize: 

  • Automated SMS campaigns 
  • Mass texting 
  • SMS messages sent from personal devices or personal telephone numbers 
  • SMS communications to leads without documented consent 

3. Consent Requirements

Prior to sending any SMS message, employees must verify that: 

  1. The lead was obtained from an approved lead source. 
  2. The lead source obtained consent that expressly permits contact by text message. 
  3. Documentation of the consent is maintained by the lead provider and available upon request. 
  4. No opt-out, revocation, or Do Not Contact request has been received. 

The company will maintain records demonstrating that the lead was generated in conjunction with approved opt-in language that represents consumer consent to receive marketing communications by phone, email, and text message. 

The language will be as shown below, or similar: 

By clicking “Submit”,  you: (1) represent that the phone number and email you have provided are yours; and (2) provide consent for FMS Investor Financing to contact you to discuss your request for funding and market funding solutions by email, text message, or phone (including, but not limited to, by means of automatic telephone dialing system and/or artificial or prerecorded voice calls). Message and data rates may apply. Providing this consent is not a requirement to receive services from FMS Investor Financing. If you would like to proceed without providing this consent, please contact us by phone at (833) 250-7634. 

Employees may not send SMS messages to any lead for whom consent cannot be reasonably verified. 

4. Approved Use

Manual SMS messages may be used solely to: 

  • Respond to a lead inquiry. 
  • Introduce Constructive Loans, LLC and/or corresponding d/b/a’s 
    • FMS Investor Financing (aka FMS Investor) 
  • Follow up on a previously submitted request for information. 
  • Schedule a call or consultation. 
  • Request clarification regarding the lead’s financing needs. 
  • Re-engage a lead who previously requested information and has not opted out. 

SMS communications must remain professional, business-related, and relevant to the consumer’s inquiry. 

Prior to sending SMS communications, employees must know and understand the policy and procedures required. Employee acknowledgement of the policy will be required.  

5. Approved Messaging Content

Employees must use company-approved message templates. 

Permitted modifications include: 

  • Prospect name 
  • Property address 
  • Loan purpose 
  • Call-back information 
  • Appointment times 

Employees may not independently create new initial response SMS marketing language without Marketing and Compliance approval. 

6. Required SMS Disclosures

The initial SMS must: 

  • Clearly identify the company sending the SMS. 
  • State the purpose of the communication. 
  • Provide a clear method for opting out. 

Example Initial Message 

Hi [First Name], this is FMS Investor Financing. You requested information regarding real estate financing. I’d be happy to answer any questions. Reply STOP to opt out. 

Subsequent messages should remind recipients of their right to opt out. 

7. Opt-Out Management

If a recipient: 

  • Replies STOP 
  • Requests no further contact 
  • Revokes consent 
  • Requests placement on a do-not-contact list 

The employee must: 

  1. Immediately cease SMS communications. 
  2. Update applicable dialing system(s), which connects to the CRM. 
  3. Follow company DNC procedures. 
  4. Document the opt-out request, including by appropriate disposition of the lead. 

No additional marketing messages may be sent after an opt-out request. 

8. Manual Sending Requirements

To qualify as a manual, agent-initiated text communication: 

  • The employee must individually select the recipient. 
  • The employee must manually initiate transmission. 
  • Messages must be sent through approved company systems. 
  • Employees may only use approved templates. 

The use of automated workflows, bulk texting, sequence-based texting, or other automated delivery methods requires separate Legal and Compliance approval. 

9. SMS Responses to User Inbound Text Messages

When a prospective borrower responds to a company-initiated SMS message, authorized representatives may engage in a one-to-one text conversation related to the prospect’s inquiry and financing needs. 

Representatives must adhere to the following requirements: 

Appropriate Responses

Representatives may: 

  • Answer questions regarding company loan products and services. 
  • Request information necessary to understand the prospect’s financing needs. 
  • Schedule calls, consultations, or follow-up discussions. 
  • Provide information requested by the prospect regarding loan programs, qualification requirements, and next steps. 
  • Direct the prospect to company resources, websites, or application portals. 

Communication Standards

Representatives must: 

  • Identify themselves and Constructive Loans, LLC d/b/a FMS Investor Financing (aka FMS Investor) when appropriate. 
  • Maintain a professional and courteous tone. 
  • Limit responses to topics reasonably related to the prospect’s inquiry. 
  • Use company-approved SMS platforms and systems. 
  • Document significant communications in the CRM or lead management system as required. 

Prohibited Activities

Representatives must not: 

  • Use misleading, deceptive, or high-pressure sales tactics. 
  • Make guarantees regarding loan approval, rates, terms, funding timelines, or property eligibility. 
  • Request sensitive personal information via SMS (text), including Social Security numbers, bank account information, login credentials, or full financial documentation. 
  • Continue texting after an opt-out request has been received. 
  • Use personal phones or unapproved messaging applications. 

Opt-Out Requests

If a prospect indicates that they no longer wish to receive text messages, including through statements such as “stop,” “quit,” “remove me,” “don’t text me,” or similar language, the representative must: 

  1. Immediately cease marketing-related text communications. 
  2. Acknowledge the opt-out request when appropriate. 
  3. Update the prospect’s communication preferences in company systems. 
  4. Follow applicable Do Not Contact procedures. 

Escalation

Questions regarding consent, compliance requirements, complaints, legal threats, regulatory inquiries, or unusual messaging situations must be escalated to Compliance prior to further communication. 

Additional Practical Guidance

Once a prospect responds to a text message, representatives should transition the conversation to a telephone call whenever practical, particularly when discussing loan qualification, application details, pricing, terms, or collecting information needed for underwriting. 

Keep in mind, SMS (aka text messages) are mainly a contact and engagement tool. Substantive lending discussions should move into a more controlled and documented channel, such as phone and/or email.  

10. Time-of-Day Restrictions

Unless otherwise permitted by applicable law: 

  • SMS messages may only be sent during the week on a business day between 9:00 a.m. and 7:00 p.m. local time of the recipient. In addition, SMS messages may be sent during Saturday work hours from 9:00 a.m. and 3:00 p.m. local time of the recipient. 
  • Employees must make reasonable efforts to determine the consumer’s time zone. The area code of the recipient’s phone number should not be the sole determinant.  

11. Record Retention

The Company shall retain: 

  • Lead source information 
  • Consent records provided by the lead source, which can include the opt-in consent language agreed by the consumer 
  • SMS message history 
  • Opt-out records 
  • Campaign and template approvals 

Records shall be maintained according to the Company’s applicable retention schedules. 

If the lead is provided by a third party where consent to text was originally obtained, proof of that consent should be available as needed.  

12. Monitoring and Review

Marketing, Compliance, and Legal should periodically review: 

  • SMS templates 
  • Messaging activity 
  • Opt-out handling 
  • Vendor compliance 
  • Carrier registration requirements 

Employees must cooperate with all reviews and audits. 

13. Violations

Failure to comply with this Policy may result in: 

  • Revocation of SMS privileges 
  • Corrective action 
  • Additional compliance training 
  • Other disciplinary measures deemed appropriate by management 

14. Related Policies

  • TCPA Compliance Policy 
  • Lead Management Policy 
  • Do Not Call Policy 
  • UDAAP Policy 
  • Information Security Policy 

15. Compliance Addendum

Prior to activating any SMS follow-up campaign, Compliance and Legal must confirm that the lead provider’s consent language identifies Constructive Loans, LLC and/or the applicable d/b/a FMS Investor Financing (aka FMS Investor) as an authorized seller or otherwise satisfies then-current TCPA, FCC, carrier, and TCR requirements. The company may not rely solely on vendor representations without documented review. 

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All terms subject to credit approval. All loans must be solely for a business or commercial purpose and secured by a non-owner-occupied property. In AZ, CA, ID, MN, NC, OR, UT, and VT, products are offered by BPL Mortgage, LLC NMLS ID #2574042. Products not available in ND, NV, or SD. In all other states not previously listed, products are offered by Constructive Loans, LLC d/b/a FMS Investor Financing. Please visit www.nmlsconsumeraccess.org for additional licensing/registration information. All loans made and arranged in California pursuant to a California Financing Law License #60DBO-192818. Rates, terms, and conditions are subject to change from time to time without notice.

This website may be used by commercial lenders, brokers and borrowers and may not be used by members of the general public or residential owner occupied mortgage loan applicants in particular. The use of this website DOES NOT constitute an application for a mortgage loan and the prequalification and program recommendations generated by this website DO NOT under any circumstances constitute either a formal or informal loan approval or rate commitment. Terms and pricing recommendations generated by this website are subject to change without notice. Adjustable rate programs, fixed rate programs, pre-payment penalties, and applicable fees will apply according to separate guidelines and may change the nature of the pre-qualification and program recommendations generated by this website.

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