SMS Messaging Terms

Effective date: May 17, 2026

DLR ("Service") is a software platform operated by BCHardy LLC ("BCHardy") that helps automotive dealerships ("dealerships") send SMS messages to their own prior leads. These SMS Terms describe how messages are sent through the Service and how recipients can opt out.

1. Who the Sender Is

The dealership is the sender of record for every message sent to its leads through the Service. Messages originate from a 10DLC-registered long-code number assigned to the dealership's brand. The dealership owns its leads, its customer relationships, its message content, and its consent records. BCHardy provides the underlying platform and messaging infrastructure; BCHardy is not the source of consent, does not author message content, and does not select which individuals are contacted.

2. Consent — the Dealership's Responsibility

The dealership is solely responsible for ensuring that each recipient has provided the consent required by law and carrier policy to receive SMS messages from the dealership about the vehicle or topic in question. This applies regardless of how the contact data reached the Service: CRM export, web inquiry form, phone-room intake, third-party lead aggregator, manual entry, or any other source. Common consent capture moments include a customer submitting a web inquiry form with SMS opt-in language, calling the dealership and providing a number for follow-up, or otherwise affirmatively agreeing to be contacted.

The dealership — not BCHardy — is responsible for retaining, producing, and defending evidence of consent if any individual contacted through the Service challenges the outreach (including by complaint, opt-out, suit, regulatory inquiry, carrier dispute, or otherwise). DLR is software the dealership uses to send messages; the Service does not certify, audit, or guarantee the consent status of any contact uploaded by the dealership.

3. Types of Messages Sent

Outbound messages are automated follow-ups to prior leads, typically referencing the vehicle the lead inquired about and inviting a response. Message frequency varies by campaign; typically no more than three messages per lead per campaign, spaced several days apart. Conversations may continue if the recipient replies.

4. How to Opt Out

Reply STOP to any message to immediately unsubscribe from further messages from that dealership. You will receive a one-time confirmation. Reply HELP for assistance. STOP-style opt-out requests sent through the Service are honored automatically and recorded.

4a. Dealership Opt-Out and Suppression Obligations

The dealership must honor every opt-out, revocation of consent, or do-not-contact request that applies to its outreach, whether or not that request was made through the Service. This includes:

STOP / opt-out replies captured by the Service automatically.
Opt-outs and do-not-contact requests received outside the Service — by phone, email, in person, web form, voicemail, social channel, or any other channel.
Entries on the dealership's internal suppression / do-not-call list, on any third-party suppression list the dealership is obligated to honor, and on federal or state do-not-call registries to the extent applicable.

The dealership will not re-contact an opted-out individual through the Service, through another platform, or through a different number. Opt-outs are permanent unless and until the individual affirmatively re-opts-in through a documented consent event.

5. Message and Data Rates

Message and data rates may apply depending on your mobile carrier plan. Neither the dealership nor BCHardy is responsible for charges imposed by your wireless carrier.

6. Carrier Filtering and Deliverability

SMS delivery in the United States depends on third-party wireless carriers, intermediary aggregators, and 10DLC registration. Carrier filtering, throughput limits, and delivery outcomes are not within BCHardy's control and are not guaranteed. Messages may be delayed, throttled, blocked, or filtered by carriers for reasons including registration status, content patterns, sending velocity, and recipient carrier policy. BCHardy is not liable for non-delivery or delivery delays caused by carriers or aggregators.

7. Dealership Warranties and Indemnification

These SMS Terms are part of, and incorporated into, the Terms of Service. The dealership makes the representations and warranties set forth in Section 5 of the Terms of Service — including warranties about lawful source of data, recipient consent, sender-of-record status, and opt-out / suppression obligations — and indemnifies BCHardy under Section 11 of the Terms of Service for any claim arising from the dealership's contact data, consent failures, message content, or unlawful use of the Service.

8. Privacy

See our Privacy Policy for how personal information is collected and used in connection with the Service.

9. Contact

For questions about SMS messaging or to request removal from all messaging by a specific dealership:
BCHardy LLC
1346 West Fort Rock Drive
Saratoga Springs, UT 84045
support@dlr-sms.com

Related policies: Terms of Service · Privacy Policy