Include these components:
Program Name and Description (name of your SMS program and description of message types)
Opt-Out Instructions (texting "STOP" to the shortcode)
Rejoining Instructions (how to rejoin after opting out)
Help Instructions (texting "HELP" or contacting support)
Carrier Liability Disclaimer (carriers not liable for delayed/undelivered messages)
Message and Data Rates disclaimer
Privacy Policy Link
Compliance with Industry Standards statement
Legal Compliance Note
Example:
{Program Name}
{Insert program description here; a brief description of the types of messages users can expect upon opting in.}
You can cancel the SMS service at any time. Simply text "STOP" to the shortcode. Upon sending "STOP," we will confirm your unsubscribe status via SMS. Following this confirmation, you will no longer receive SMS messages from us. To rejoin, sign up as you did initially, and we will resume sending SMS messages to you.
If you experience issues with the messaging program, reply with the keyword HELP for more assistance, or reach out directly to {support email address or toll-free number}.
Carriers are not liable for delayed or undelivered messages.
As always, message and data rates may apply for messages sent to you from us and to us from you. Message frequency varies. For questions about your text plan or data plan, contact your wireless provider.
For privacy-related inquiries, please refer to our privacy policy: {link to privacy policy}.
Generate a privacy policy using services like Termly, Rocket Lawyer, or free online generators
Include the following statements:
No mobile information will be shared with third parties or affiliates for marketing/promotional purposes
Text messaging originator opt-in data and consent will not be shared with any third parties, except for aggregators and providers of the Text Message services
If your policy mentions sharing personal information, add this disclaimer: All the above categories exclude text messaging originator opt-in data and consent; this information will not be shared with any third parties, excluding aggregators and providers of the Text Message services.
Remove terms like "share," "sell," "affiliate," or "third-party" when they imply sharing leads' information, unless explicitly allowed
In both the privacy policy and terms and conditions pages, remove all keywords such as 'share,' 'sell,' 'affiliate,' or 'third-party' that mention selling or sharing leads' information with a third party.
Provide the working Privacy Policy URL. It must not mention sharing of personal information with any third parties/affiliates/non affiliates. If it does mention this, the following disclaimer must be added
How do we share your information section of the privacy policy:
"All the above categories exclude text messaging originator opt-in data and consent; this information will not be shared with any third parties, excluding aggregators and providers of the Text Message services."
A compliant Privacy Policy must state that no mobile information will be shared with third parties/affiliates for marketing/promotional purposes. Information sharing to subcontractors in support services, such as customer service is permitted. All other use case categories exclude text messaging originator opt-in data and consent; this information will not be shared with any third parties.
Find Keywords: Look for words like share, disclose, sell, affiliate, and third-party.
Check Context: See if the sentence allows sharing or selling leads' information with others.
Remove or Fix: Delete or reword any text that says leads' information is shared or sold.
Confirm: Make sure the policy clearly states that you don’t share or sell leads' information.
Must add this paragraph:
"No mobile information will be shared with third parties/affiliates for marketing/promotional purposes. Information sharing to subcontractors in support services, such as customer service is permitted. All other use case categories exclude text messaging originator opt-in data and consent; this information will not be shared with any third parties."
To ensure your short code campaign aligns with LC Phone's requirements, your company must adhere to carrier compliance requirements, industry standards, and applicable law.
As per industry standards, it is necessary to have a publicly accessible mobile terms of service page for each US short code program. This mobile terms of service should include specific provisions such as customer support contact information, complete opt-out instructions (displayed in bold), a recurring message disclosure (if applicable), a product description, and a program (brand) name. Additional requirements may exist for certain programs like sweepstakes or contests. For more information on industry standards, please refer to the CTIA’s Short Code Monitoring Handbook.
Beyond these standards, there may be additional compliance requirements under applicable law based on the nature of your text messaging campaign. It is advisable to consult with your legal counsel to ensure that your terms of service and privacy policy are compliant with applicable law and consistent with standards for your specific campaign and industry.
What do you need to know?
T-Mobile has introduced A2P 10DLC non-compliance fines for messages including prohibited content. If T-Mobile detects any messages that violate the tiers listed below, they will issue a Sev-0 violation (the most severe consumer violation), a non-compliance fine, and carriers will immediately block the offending messages.
This applies to all commercial messaging non-consumer A2P products (SMS or MMS short code, toll-free, and 10DLC) that traverse the T-Mobile network.
Because Sev-0 violations also infringe on Pest Ai acceptable use and messaging policies, Pest Ai will pass on these fines to you for every Sev-0 violation, starting February 15, 2024. These fines include, but are not limited to, the following:
Tier 1: $2,000: phishing (including simulated phishing sent for security testing or similar purposes), smishing, and social engineering. Social Engineering is a technique used to manipulate someone into sharing private information, like passwords or credit card numbers.
Tier 2: $1,000: illegal content (content must be legal federally and in all 50 states)
Tier 3: $500: all other violations in commercial messaging including but not limited to, SHAFT (sex, hate, alcohol, firearms, and tobacco) that do not follow federal and state law and regulations (e.g. age-gate).
These non-compliance fines apply to violations across any A2P messaging product (SMS/MMS short code, toll-free, and 10DLC).
T-Mobile reserves the right to permanently suspend any brands, campaigns, and your company’s access to the T-Mobile Network in the event violations are deemed to be excessive. If you are subject to these fines, Pest AI will send you a Sev-0 violation notice and will subsequently charge the respective fine amount.
