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Last updated August 2021

Š FreshCredit
These FreshCredit Text Message Terms and Conditions ("Text Message Terms") are between you and FreshCredit, its past, present, or future parents, subsidiaries, affiliates, predecessors, assignees, successors, and their respective agents, employees, directors, officers, partners, and members (whether acting in their corporate or individual capacity) ("FreshCredit," "we" or "us"), with a principal place of business at 30 N Gould St, Suite R, Wyoming 85206. The Text Message Terms have the same effect as an agreement in writing and govern your participation in FreshCredit’s Text Message Program. FreshCredit’s "Text Message Program" includes sending text message(s) to FreshCredit and/or receiving text message(s) from FreshCredit.

BY PARTICIPATING IN FreshCredit’S TEXT MESSAGE PROGRAM, YOU SIGNIFY YOUR AGREEMENT TO THE TEXT MESSAGE TERMS.
FreshCredit’s Privacy Policy and Terms of Use apply to your participation in FreshCredit’s Text Message Program, and their terms are made a part of the Text Message Terms. To view FreshCredit’s Privacy Policy, click here. To view FreshCredit’s Terms of Use, click here. By participating in FreshCredit’s Text Message Program you acknowledge you have reviewed FreshCredit’s Privacy Policy and Terms of Use and agree to their terms.

BY PARTICIPATING IN FreshCredit’S TEXT MESSAGE PROGRAM, YOU AGREE TO ARBITRATE ALL CLAIMS BETWEEN YOU AND FreshCredit ON AN INDIVIDUAL BASIS ONLY AND NOT AS A PART OF ANY CLASS. A "CLAIM" IS ANY CASE, CONTROVERSY, DISPUTE, TORT, DISAGREEMENT, LAWSUIT, LEGAL ACTION, OR CLAIM NOW OR HEREAFTER PENDING BETWEEN YOU AND FreshCredit, INCLUDING BUT NOT LIMITED TO ANY ALLEGED STATE OF FEDERAL STATUTORY VIOLATION, OR ANY DISPUTE OVER THE INTERPRETATION OF THE TEXT MESSAGE TERMS OR THE ARBITRABILITY OF ANY CLAIM PURSUANT TO THE TEXT MESSAGE TERMS. THIS AGREEMENT TO ARBITRATE GOVERNS ALL PAST, CURRENT AND PROSPECTIVE INTERACTIONS WITH FreshCredit. YOU AGREE THAT YOU ARE WAIVING ALL RIGHTS TO: (A) A TRIAL BY JURY; (B) PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS ACTION ARBITRATION, AND (C) BRING AN ACTION AGAINST FreshCredit IN A COURT OF LAW. YOU MAY INDIVIDUALLY ARBITRATE ANY CLAIM AGAINST FreshCredit IN ANY JURISDICTION IN THE UNITED STATES. FreshCredit WILL REIMBURSE YOU UP TO $300 OF YOUR ARBITRATION FILING FEE. THE RULES OF THE AMERICAN ARBITRATION ASSOCIATION THEN IN FORCE SHALL GOVERN THE ARBITRATION (provided, however, that the terms of the Text Message Terms shall control over any inconsistency between the Rules of the American Arbitration Association and the Text Message Terms). The arbitrator shall have authority to interpret the Text Message Terms, including but not limited to the authority to decide whether any claim is arbitrable under the Text Message Terms and to decide issues related to the scope of arbitration, the rules of arbitration, the arbitrator’s jurisdiction, and the enforceability of the Text Message Terms. You agree that the Text Message Terms involve commerce under 9 U.S.C. §§ 1 et seq. and that this Arbitration Clause is governed by federal law, including the Federal Arbitration Act. The remainder of the Text Message Terms is governed by the laws of the state of Wyoming as they apply to agreements made solely therein. This Arbitration Clause shall survive termination of the Text Message Terms.

1. About the Text Message Terms
If you do not agree to the Text Message Terms, you may not participate in FreshCredit’s Text Message Program. FreshCredit may modify the Text Message Terms at any time. If you do not agree to the changes, you must discontinue your participation in FreshCredit’s Text Message Program before the changes take effect. Your continued participation in FreshCredit’s Text Message Program after any such changes take effect constitutes your acceptance to such changes. Each time you participate in FreshCredit’s Text Message Program you reaffirm your acceptance of the Text Message Terms. You are responsible for regularly reviewing the Text Message Terms by visiting https://wordpress-677985-2549972.cloudwaysapps.com/terms-of-use. The Text Message Terms may be supplemented by additional terms and conditions and, together with these Text Message Terms and the FreshCredit Privacy Policy and Terms of Use, govern your participation in FreshCredit’s Text Message Program.

2. About FreshCredit text messages
FreshCredit’s Text Message Program assists users in communicating with FreshCredit. FreshCredit text messages are SMS messages sent to individuals who have provided FreshCredit with written consent to send the messages. Such written consent may be obtained through the use of electronic signatures, as broadly defined under the E-SIGN Act. FreshCredit text messages are not mobile spam. The service is a recurring message program.

3. Consent for FreshCredit text messages
When you signed up for FreshCredit’s Text Message Program, you provided express written consent to receive automated texts about credit repair or credit repair marketing from FreshCredit. By continuing to participate in FreshCredit’s Text Message Program (e.g. by not texting STOP in response to any program text), you agree to continue to receive automated texts from FreshCredit in accordance with your previously provided consent and these Text Message Terms.

4. Cost of FreshCredit text messages
Although all FreshCredit text messages are complimentary, Message & Data Rates May Apply. Depending on your text plan, you may be charged by your carrier.

5. Discontinuing text messages
To stop receiving FreshCredit text messages, simply text STOP (and no other words or characters) to the shortcode from which you received the FreshCredit text message(s). After doing so, you will receive a text message confirming your opt-out and will no longer receive FreshCredit text messages to the phone number used to text STOP. Almost all STOP requests are taken care of immediately, but it may take up to 3 business days from the date you text STOP to be removed from FreshCredit’s texting list(s). NOTE: texting STOP will only stop text messages, and will only stop text messages to the phone number you used to text STOP. To stop receiving marketing phone calls from FreshCredit that are not text messages, simply text CALL STOP (and no other words or characters) to the shortcode from which you received the FreshCredit text message(s). After doing so, you will no longer receive marketing phone calls from FreshCredit to the phone number used to text CALLSTOP. Almost all CALL STOP requests are taken care of immediately, but it may take up to 3 business days from the date you text CALL STOP to be added to FreshCredit’s internal do-not-call list. To stop receiving marketing phone calls from FreshCredit (that are not text messages) to any phone number, you may call 1-800-526-9266 and add your telephone number to FreshCredit’s internal do-not-call list.

6. Opting back in
If you send FreshCredit a STOP text in response to a FreshCredit text message, you can start receiving FreshCredit text messages again by providing consent to FreshCredit to send the messages.

7. Receiving more info
To request more info, simply text HELP to the short code from which you received the FreshCredit text message(s).

8. Commands
Stop: At any time, you can text STOP to the short code from which you received the FreshCredit text message(s). This will prevent you from receiving future FreshCredit text messages to the phone number used to text STOP. Almost all STOP requests are taken care of immediately, but it may take up to 3 business days from the date you text STOP to be removed from FreshCredit’s texting list(s). Note that texting STOP will only stop text messages, and will only stop text messages to the phone number you used to text STOP. To stop receiving marketing phone calls from FreshCredit that are not text messages, you can text CALLSTOP to the short code from which you received the FreshCredit text message(s). This will prevent you from receiving FreshCredit marketing phone calls (that are not text messages) to the phone number used to text CALLSTOP. Almost all CALLSTOP requests are taken care of immediately, but it may take up to 3 business days from the date you text CALLSTOP to be added to FreshCredit’s internal do-not-call list.

Help: At any time, you can text HELP to the short code from which you received the FreshCredit text message(s). Texting HELP will return the following message:
FreshCredit: Msg&Data Rates May Apply. Txt STOP to end texts. Call 1(800)526-9266 for more info.
9. Participating Carriers
AT&T, T-MobileÂŽ, Verizon Wireless, Sprint, Boost, Alltel [Verizon Wireless], U.S. Cellular, Cellular One, MetroPCS, InterOp, Cellular Com, C Spire Wireless, Cricket, Virgin Mobile, and Cincinnati Bell.

13. State Privacy Protections

California Residents

You have the right to know we will be collecting and maintaining personal information including credit report data to assist you with credit repair and maintenance services. We collect this information from you, credit bureaus, public databases, data aggregators, and other commercially available sources. The categories of this personal information include:

  • Personal identifiers to authenticate your identity and obtain credit reports you have requested;
  • Credit report data to assist with identifying and challenging unfair, unsubstantiated, and inaccurate items;
  • Internet/Network activity to inform, optimize, and serve ads based on your past visits to our website (see, infra section 6. Transparency and Choice for additional information); and
  • Audio and electronic information (to record your agreements and authorizations given over the phone or through our web pages).

We do not sell, and will not sell, any of your personal information without obtaining your specific consent, including the personal information of minors under age 16. Because we do not sell PI without your express consent, we are not obligated to include the “Do not sell my personal information” link on our site’s homepage.

We will share your personal information with our service providers when it is necessary to process your requests, maintain your case, or report to credit bureaus or your creditors. You have the right to request the following up to two times in a 12-month period:

  • The categories of personal information we have collected about you in the past 12 months;
  • The categories of sources from which we collect personal information;
  • The business purpose for collecting or selling personal information;
  • The categories of third parties with whom we share personal information;
  • The specific personal information we have collected about you in the past 12 months;
  • The categories of personal information that we sold about you and the categories of third parties to whom the personal information was sold in the past 12 months, or verification that no personal information was sold;
  • The categories of personal information we disclosed about you for a business purpose in the past 12 months, or verification that no personal information was disclosed.

In addition, California residents have the following rights: (1) the right to request that Personal Information be deleted, subject to various exceptions including matters governed by the Gramm-Leach-Bliley Act (GLBA) or to comply with a legal obligation whether of general or specific applicability; (2) the right to request that Personal Information not be sold to third parties, if applicable; and (3) the right not to be discriminated against in light of choosing to exercise any of these rights.

To exercise any of these rights, contact us:

  • by submitting the California Data Requests form
  • by calling 800-461-4133

When you make any of the above requests, we will verify your identity and right to request the information by asking you for information we can match with our records such as your name, phone number, Social Security Number, or date of birth. We may also verify you using your system login or another reasonable authentication service such as knowledge-based authentication.

We will provide the requested information within 45 days of the request in most cases. If we need additional time to complete your request, we will notify you within the first 45 days and may take an additional 45 days to complete your request.

You may authorize an agent to make a request under these rights on your behalf by completing a notarized Agent Authorization Form and submitting it with your California Data Request web form or mailing it to us at FreshCredit, Data Requests, FreshCredit, 30 N Gould St, Suite R, Sheridan, Wyoming 82801.

By exercising your rights, you will not be denied services, provided a lesser level or quality of service, or charged a different price for services, including through discounts, benefits, or penalties unless the price difference is reasonably related to the value provided to you by your data. However, if you exercise your right to have your personal information deleted, we will not be able to continue to provide service, as our services are dependent on that personal information.

Please note that whereas FreshCredit provides credit counseling services, it is subject to obligations pursuant to the GLBA. The GLBA includes several definitions that will govern relevant privacy matters. Consequently, the terms “nonpublic personal information” or “personally identifiable financial information”, for example, will pre-empt the CCPA’s definitions of “personal information”, “sale”, or other important terms defined by the GLBA for matters involving services provided by FreshCredit, its service providers, or agents.

Nevada Residents

We are providing you this notice under Nevada state law. You may be placed on our internal Do Not Call List by contacting us at 888-790-0826. Nevada law requires we provide the following contact information: Bureau of Consumer Protection, Office of the Nevada Attorney General, 555 E. Washington St., Suite 3900, Las Vegas, NV 89101; Phone number: 702.486.3132; email: [email protected] or FreshCredit, 30 N Gould St, Suite R, Sheridan, Wyoming 82801, Phone number: 800-526-9266.