Number registrations in the United States and Canada now require us to file your numbers with the relevant T&Cs and Policies posted on your website or social media pages. This means that for both TFNs and 10DLCs, registration will require valid links to such content.
What are SMS compliance terms and conditions?
SMS terms and conditions are a legally binding contract that sets the rules and guidelines for an SMS or texting campaign, including the service providers’ and customers’ responsibilities.
These terms and conditions set the tone for the relationship between you, running an SMS campaign, and your contacts, receiving your messages.
Other phrases that can be used interchangeably to describe terms and conditions are “terms of service” and “terms of use.”
For an SMS terms and conditions document to be legally binding, contacts must understand what it means before accepting to sign it. It must also be legally valid in your territory or country.
What must your SMS compliance terms and conditions include?
Program name and product description: The CTIA requires that your terms and conditions contain a program name, which is often your brand or product name.
Message frequency; Mention the number of messages your contacts can expect to receive from you. It is ok to say that “Message frequency may vary”.
Link to customer support: Include a link to customer support so your contacts can reach out if they need help with anything. This can be a webpage, an email address or a phone number.
How to opt-out Explain how your customers can opt out of receiving your SMS marketing messages. For example “Customers can reply STOP or END in order to unsubscribe from messages”.
Costs: Mention the costs or fees a customer might incur if they send messages to you. Most companies simply include “Message and data rates may apply”.
Link to privacy policy: Add a privacy policy link so your contacts know how you collect, store, and use their data.
Where should I post this information?
You should ideally have a dedicated page on your website. We always advise that you consult with your legal team or counsel to tailor T&Cs and Privacy Policies to your business needs. However, below is a sample terms and conditions for SMS.
Sample texts
You can add this to your T&Cs
Agreement to Receive Text Messages
By providing your mobile number, you agree that COMPANY may send you periodic SMS or MMS messages containing but not limited to important information, updates, deals, and specials.
If you have any questions please contact COMPANY at [COMPANY NUMBER].
Will I be charged for the text messages I receive?
Though COMPANY will never charge you for the text messages you receive, depending on your phone plan, you may see some charges from your mobile provider. Please reach out to your wireless provider if you have questions about your text or data plan. |
You can use the below in your Privacy Policy
SMS and Text Messaging We may use your personal information to send you SMS and text messages for marketing and transactional purposes. This includes sending you promotional offers, appointment reminders, and other relevant information.
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