Advertising and Opt-In Web Form Requirements In The US

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. 

Example language:

By opting in to [Company/program name], you will receive periodic marketing text messages.  Message & Data Rates May Apply. Reply STOP to cancel. Program terms and privacy policy at [Link]. 

Other Considerations - TCPA

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 short-code 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 Requirements

Click here to view example terms and conditions. 

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.