SMS Consent — How Availon Obtains Customer Consent

Effective Date: April 6, 2026 · MAC Software Solutions LLC

This page documents how end-user SMS consent is obtained through the Availon platform.

1. How Consent Works

Availon is a missed-call response service for local service businesses. Consent to receive SMS is obtained through an explicit verbal opt-in via IVR keypress (DTMF). When a call to a business goes unanswered, the caller hears an automated greeting that identifies the business by name and prompts them to press 1 on their keypad to receive a text message. Only callers who actively press 1 receive SMS. Callers who do not press 1 are directed to voicemail and receive no text messages. No SMS is ever sent without this explicit opt-in action.

2. Consent Mechanism

Consent is obtained through an IVR verbal opt-in process:

Step 1: The consumer calls the business’s advertised phone number. The call goes unanswered.
Step 2: The call forwards to Availon’s system. The caller hears: “Hi, you’ve reached [Business Name]. We can’t take your call right now. Press 1 to receive a text message so we can help you right away, or stay on the line to leave a voicemail. Message and data rates may apply.”
Step 3: If the caller presses 1, they receive one SMS identifying the business by name, offering assistance, and including full opt-out instructions and compliance disclaimers. If the caller does not press 1, they are directed to voicemail and receive no SMS.

This IVR DTMF keypress constitutes express verbal consent per TCPA guidelines. A complete audit trail of the keypress event, timestamp, and caller phone number is maintained for every opt-in.

3. What the Consumer Receives

After pressing 1, the consumer receives one SMS containing:

The business name
An offer to help or schedule an appointment
Opt-out instructions: “Reply STOP to opt out. Reply HELP for help.”
Disclosure: “Msg & data rates may apply. Msg frequency varies.”
Links to Terms of Service and Privacy Policy

Additional messages are sent only if the consumer chooses to reply and continue the conversation.

4. Opt-Out & Compliance

Consumers may opt out at any time by replying any of the following keywords: STOP, STOPALL, UNSUBSCRIBE, CANCEL, or QUIT. No further messages will be sent after opt-out. Consumers may re-subscribe by replying START or UNSTOP. Reply HELP at any time for assistance. All opt-outs are honored automatically and immediately across every business number on the platform.

5. Message Frequency

One message per missed-call opt-in. Message frequency varies — additional messages are sent only if the consumer initiates further conversation by replying.

6. Business Subscriber Requirements

All Availon business subscribers agree by accepting the Terms of Service to use the platform solely for follow-up communication with consumers who have explicitly opted in via the IVR keypress on a call to their business. Outbound cold messaging is prohibited and is grounds for account termination.

7. Required Business Subscriber Disclosure

This disclosure supplements the primary IVR verbal opt-in. The IVR keypress (Press 1) is the primary consent mechanism. The following is the disclosure language Availon recommends all business subscribers display alongside their advertised phone number on any public-facing property:

“If your call is not answered, you may be offered a text-back option. Press 1 when prompted to receive an SMS so we can help you right away. Reply STOP to opt out, HELP for help. Msg & data rates may apply. Msg frequency varies. See our Privacy Policy and Terms of Service for details.”

8. Note for Reviewers

IVR Opt-In Flow

Caller dials the business number.

Call goes unanswered.

Call forwards to Availon.

Caller hears the IVR greeting identifying the business by name.

Caller is prompted: “Press 1 to receive a text message.”

If caller presses 1

One SMS is sent containing the business name, an offer of assistance, STOP/HELP keywords, the “Msg & data rates may apply. Msg frequency varies.” rates disclosure, and links to the Terms of Service and Privacy Policy.

If caller does NOT press 1

Caller is directed to voicemail. No SMS is sent.

Note for Reviewers

Express consent for SMS is established at the moment the caller presses 1 on their keypad during the IVR prompt. The DTMF keypress event, the caller’s phone number, the business identifier, and a UTC timestamp are recorded for every opt-in and retained for the lifetime of the account.

Verifiable description of this process is published at: https://availon.ai/sms-consent