This policy describes how law enforcement agencies, duly authorized government authorities, and civil litigants (“Requestors”) may seek data or actions from Text, Inc. (“Text”).
Scope and Commitment
We are committed to protecting our clients’ privacy and complying with applicable U.S. laws. This policy applies to data that Text maintains in the ordinary course of business for its Services.
We will not disclose information that:
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We do not possess or cannot reasonably locate and retrieve;
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We are legally prohibited from disclosing; or
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Falls outside the scope of a valid legal process.
All requests are handled in accordance with our Terms of Use and Privacy Policy.
Requests for client/user information (U.S. Requestors / U.S. Legal Process)
This section applies when Text receives a valid U.S. legal process (e.g., subpoena, court order, warrant). Requests sent directly by non-U.S. authorities or foreign civil litigants are not sufficient and must proceed via recognized U.S. channels (see Requests From Outside the United States).
Text discloses data only in response to a valid U.S. legal process (such as a subpoena, court order, warrant, or other process issued by a competent U.S. authority consistent with applicable U.S. law or as otherwise permitted by U.S. law. Requests sent directly to us by non-U.S. authorities are not sufficient.
In U.S. law-enforcement practice, content and non-content data are handled under different legal standards, processes, and safeguards.
By content data, we mean the substance or meaning of communications (e.g., message bodies, files, attachments) that the Services store.
By non-content data, we mean account/subscriber details and certain usage metadata (e.g., name, last name, email, physical address, name, state, logs, IP address, contact details data, login times), to the extent maintained. Non-content data may also include IP connection history, credit card number, and billing information.
Therefore, different types of records may require different processes:
Subscriber or Account records, which include a user’s name, business contact information, account identifiers, and details of the service plan, may be disclosed in response to a subpoena—whether issued by a grand jury, administrative authority, or in a civil proceeding.
Basic non-content logs/records, such as login timestamps, IP addresses, and usage metadata (to the extent maintained), may be disclosed pursuant to a subpoena or SCA § 2703(d) court order (depending on specificity).
Where disclosure concerns content data - for instance, message bodies, file contents, or attachments—a U.S. search warrant issued on probable cause is required.
For prospective dialing/routing metadata (no content), including pen register or trap-and-trace equivalents, disclosure is permitted only under a Pen Register/Trap-and-Trace court order.
Emergency disclosures may be made in limited circumstances where necessary to address an imminent risk of death or serious physical harm. Such disclosures are authorized under SCA § 2702(c)(4), subject to verification of the emergency.
If a particular Service does not store content, Text generally will not have ‘content data’ responsive to a warrant. Emergency disclosures are evaluated case-by-case and, if permitted by law (e.g., 18 U.S.C. § 2702(c)(4)), are limited to what is necessary to address the emergency.
Requests From Outside the United States
For requests originating outside the United States, Text follows the applicable U.S. legal frameworks and international cooperation mechanisms, such as the Mutual Legal Assistance Treaty (MLAT) process, the CLOUD Act (where applicable), or other recognized international cooperation mechanisms (e.g., 28 U.S.C. §1782 or Hague Evidence Convention).
Text will not disclose data directly to foreign authorities without proper U.S. legal process or verification of compliance with these frameworks.
Preservation Requests
We accept preservation requests from law enforcement that:
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Identify the subject account(s) with specificity;
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Define a time range; and
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State the legal authority/case reference.
Unless prohibited by law, we preserve responsive records for 90 days, renewable upon timely extension. Preservation does not constitute disclosure, which still requires a valid U.S. process.
Any information shared in response to the request must be treated with confidentiality. By receiving it, Requestor agrees to keep it confidential and not disclose it without lawful justification. Unauthorized use or disclosure constitutes a violation of the law. These obligations remain valid as long as the information remains confidential.
How we respond
Requests must be specific and narrowly tailored to identifiable accounts/identifiers and relevant date ranges. If the requested information is unavailable (e.g., specific device identifiers or full payment card numbers), we will notify the Requestor accordingly. We may seek to narrow overbroad requests or require a protective order to safeguard confidentiality.
Text may decline, narrow, or seek clarification, if a request is (i) overbroad, vague, or outside the Requestor’s authority/jurisdiction, (ii) not properly addressed/signed/authorized, (iii) contains material errors or improper addressing or does not target the relevant accounts and identifiers at our Services, or (iv) seek categories of data we do not maintain. We may also request a protective order, apply redactions, or ask for additional information to ensure compliance with relevant laws and regulations, as well as adherence to our internal policies. Where permitted by law, Text may seek cost reimbursement for unusually burdensome, expedited, or extensive productions.
Each request is reviewed individually, and exceptions may occur based on the specific situation. Therefore, we reserve the right to act independently in each specific situation.
Abuse and Terms-of-Use Reports
For valid legal demands and reports seeking actions, such as account suspension or closure due to abuse or otherwise prohibited activity, Text applies its Terms of Use and internal safety processes. We require specific, credible information identifying the account(s), behavior description, and timeframe, supporting evidence, and applicable policy/legal basis. We may take interim measures (e.g., temporary restriction) where necessary to prevent harm, consistent with the law.
We will not process vague or unsupported reports/requests. We may reject requests that:
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Exceed jurisdiction;
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Lack authorization or signature;
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Contain errors or wrong identifiers; or
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Are overly broad.
Requestors must be prepared to verify their credentials. At our discretion, we may act on trusted and verified reports without prior customer notice, where necessary to prevent harm. The same applies to reports from law enforcement agencies and other properly authorized enforcement agencies.
Text may seek reimbursement for compliance costs associated with valid legal demands.
Confidentiality of Productions
Information disclosed by Text is provided solely for the purpose stated in the legal process and may be subject to protective orders or confidentiality obligations. Requestors are responsible for ensuring compliance with applicable laws and court restrictions.
Notice to Clients
Where permitted by law, and if contact information is available, Text may notify affected clients before producing their data so they can seek legal remedies.
We may delay or withhold notice if prohibited by law, court order, or if notice poses a risk of harm.
Contact information for law enforcement
Law enforcement and authorized government agencies/authorities may submit requests via email: support@text.com
Mailing Address:
Text, Inc.
101 Arch Street, 8th Floor
Boston, MA 02110
United States of America
We strive to respond promptly within 60 days of receiving a valid request, unless the request specifies an alternative timeframe. If more time is needed, we may request an extension. Mail submissions may result in processing delays - email is preferred.
Note that acceptance of legal process by any of these means is for convenience and does not waive any legal objections, including, but not limited to, lack of jurisdiction or proper service.
Where feasible, Text may publish aggregate transparency metrics about law enforcement requests and our responses.