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.