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.
The CTIA require that the following is included in all CTA's that provide opt-in instructions to potential users:
*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].
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.
Click here to view example terms and conditions.
Your privacy policy does not have to be specific to your mobile program and can be a general privacy policy for your company.
You can also view a list of generic SMS marketing examples here.
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.