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Advertising and Opt-In Web Form Requirements In The US

Updated: December 1st, 2016

Any advertisements or opt-in web forms that prompt potential users to opt-in must meet requirements set by the CTIA. The TCPA should also be considered. 

Call-To-Action Requirements

The CTIA require that the following is included in all CTA's that provide opt-in instructions to potential users:

  • Program (brand) name OR program description
  • Delivery frequency or recurring-messages disclosure
  • Customer care contact information* i.e. Text HELP to 72000 for help
  • Opt-out instructions in bold* i.e. Reply STOP to 72000 to opt out
  • “Message and data rates may apply” disclosure
  • Display or link to terms and conditions
  • Display or link to privacy policy

*Opt-out instructions and customer support information can be left out of the CTA if they are described in the comprehensive Terms & Conditions which are properly linked to from the CTA. 

On a web page, the T&Cs and Privacy Policy may be a hyperlink with all the details, but in print CTAs the full URL must be explicitly shown. Your T&Cs and Privacy Policy can be consolidated into one link. 

Other Considerations

Ideally, your CTA should also include the TCPA disclosure used to obtain a contacts prior express written consent that:

"By opting in, you agree to receive periodic marketing text messages from [Company Name] delivered using automated technology via the shortcode 72000. You understand that your consent is not a condition of any purchase."

At a very minimum, this disclosure should be included in your terms and conditions.

Terms & Conditions Requirments

Click here to view example terms and conditions. The CTIA require that your terms and conditions include:

  • Program (brand) name
  • Service delivery frequency or recurring-messages disclosure
  • Program description 
  • Customer care contact information i.e. Text HELP to 72000 for help
  • Opt-out instructions in bold type i.e. Reply STOP to 72000 to opt out
  • “Message and data rates may apply” disclosure
  • Display or link to privacy policy

Other Considerations

Your terms and conditions should also include a list of supported carriers. You can find an up-to-date list supported by MOBIT here. Per a requirement from T-Mobile, the T&Cs must state that carriers are “not liable for delayed or undelivered messages.” 

Your terms and conditions must also include the TCPA disclosure used to obtain a contacts prior express written consent that:

"By opting in, you agree to receive periodic marketing text messages from [Company Name] delivered using automated technology via the shortcode 72000. You understand that your consent is not a condition of any purchase."

Privacy Policy Requirements

Your privacy policy does not have to be specific to your mobile program and can be a general privacy policy for your company.

Examples

You can also view a list of generic SMS marketing examples here.

Keyword Advertisement

Web Form Opt-In

Text: By pressing “[Name of Button]” I agree to receive recurring messages sent via automated technology from [Company Name] to the mobile number I’ve provided, and also agree to the [Company Name] program terms and privacy policy at [Link]. Message & Data Rates May Apply. Reply STOP to cancel. Reply HELP for info. Consent is not a condition of any purchase.

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