Writing Your SMS Terms and Conditions
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      10DLC Compliance: SMS Terms & Conditions Requirements

      This article will help you meet the legal requirements on your SMS terms and conditions page so your 10DLC application can get accepted.

      Summary

      As of July 6, 2023, texts from unregistered 10DLC numbers are being restricted by mobile carriers and starting August 31, 2023 they will be blocked altogether. So it’s important to get your 10DLC registration approved as soon as possible. 

      In order to get registered, you must comply with legal requirements, one of which being that you are required to get consent before texting any of your contacts. This requires clear opt-in language in three places on your website:

      We know that legal verbiage is daunting, not to mention making changes on your website. We also know that these are significant changes that may bring up questions and concerns. This article will address and walk you through all of it, and also provides templates so this can be as pain-free as possible. If you still have questions at the end, reach out to your account rep and we will be happy to help.

      Table of contents

      What are SMS terms and conditions?

      Your terms and conditions page is a legally binding agreement that lays down the “house rules” for your website—as in, what your business can and cannot do with your visitors’ information as well as what your visitors can and cannot do on your website. 


      In the context of 10DLC requirements, you either need to: 

      • Add a terms and conditions page specifically for SMS.
      • Add an SMS section to your current terms and conditions page. 

      Regardless of which option you choose, industry standards* require that your terms and conditions provide the following:

      • Program (brand) name. 
      • Program description
      • Frequency of messages
      • Complete opt-out instructions, displayed in bold (see our article on opt out instructions)
      • Customer support contact information
      • Carrier and cost information
      • Link to privacy policy

      This is the bare minimum; there may be additional requirements if you’re running a contest or sweepstakes. 


      *You’ll notice that this page covers terms and conditions requirements for shortcode numbers, but the same standards apply for 10DLC.

      What’s the difference between terms and conditions and a privacy policy?

      Your terms and conditions outline the rules for using your website, while your privacy policy discloses how you collect, store, and distribute user data. In short, terms and conditions protect your rights while privacy policy protects user rights.

      SMS terms & conditions template

      DISCLAIMER: The below template is for your SMS terms and conditions, not for your entire website terms and conditions (your SMS terms can be a separate page or a section in your overall page). It also covers only the minimum requirements, and may not include everything required for your business, industry, use case, etc. This is also not legal advice. You should 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 particular campaign and industry.


      [Company name] SMS Terms & Conditions


      1. Program description: {Insert program description here; this is simply a brief description of the kinds of messages users can expect to receive when they opt in.}
      2. Frequency: You will receive {message frequency}.
      3. Opt-out: You can cancel the SMS service at any time. Just reply back with [OPT OUT KEYWORD]. After you send the SMS message [OPT OUT KEYWORD] to us, we will send you an SMS message to confirm that you have been unsubscribed. After this, you will no longer receive SMS messages from us. If you want to join again, just sign up as you did the first time and we will start sending SMS messages to you again.
      4. Help: If you are experiencing issues with the messaging program you can reply with the keyword HELP for more assistance, or you can get help directly at {support email address or toll-free number}.
      5. Interruption: Carriers are not liable for delayed or undelivered messages
      6. Cost: As always, message and data rates may apply for any messages sent to you from us and to us from you. If you have any questions about your text plan or data plan, it is best to contact your wireless provider.
      7. Privacy: If you have any questions regarding privacy, please read our privacy policy: {link to privacy policy}

      SMS terms and conditions example


      [Company] SMS/MMS Program Terms & Conditions

      1. Program description: When opted-in, you will receive text messages (SMS/MMS) to your mobile number. These kinds of messages may include [response to a quote, estimate, or service inquiry, real-time texts to ask and answer questions about our services and pricing, appointment scheduling and confirmations, feedback requests, project updates, follow up].
      2. Program frequency: You can expect to receive [number] messages per month from us.
      3. Opt out: You can opt out of this service at any time. Just text “STOP” to the phone number. After you text “STOP” to us, we will send you an SMS reply to confirm that you have been unsubscribed. After this, you will no longer receive SMS messages from us. If you want to join again, just sign up as you did the first time or text “START,” and we will start sending SMS messages to you again.
      4. Help:If you are experiencing any issues, you can reply with the keyword HELP. Or, you can get help directly from us at [link to your contact page on your website].
      5. Interruption: Carriers, such as AT&T, are not liable for delayed or undelivered messages.
      6. Costs: Message and data rates may apply for any messages sent to you from us and to us from you. If you have any questions about your text plan or data plan, please contact your wireless provider.
      7. Privacy: If you have any questions regarding privacy, please read our privacy policy [link to privacy policy].

      Examples of SMS-specific terms and conditions pages

      Below are examples of terms and conditions pages that home services businesses have created, specific to SMS. We have provided them to help you understand and visualize what your site needs.


      DISCLAIMER: The examples below are not legal advice—from Hatch or the company in the example. Please use them only for informational purposes and as a starting point for your own terms and conditions, and get it approved by your legal counsel. 


      1. Maven Aircare 


      sms terms and conditions example

      Note this is only a sample of the full document.


      2. Bredahl Plumbing


      sms terms and conditions example

      Note this is only a sample of the full document.


      3. FirstEnergy Corp

      sms terms and conditions example

      Note this is only a sample of the full document.

      4. Universal Air and Heat

      sms terms and conditions exampleNote this is only a sample of the full document.


      Examples of an SMS section in a website terms and conditions page

      Below are examples of overall website terms and conditions pages that contain a section specific to SMS.

      5. Owens Corning

       

      sms-terms-and-conditions-example-4

      Note this is only a sample of the full document.

      6. Roofing Direct

       

      sms terms and conditions example

      Note this is only a sample of the full document.

      Additional FAQs

      How do I edit my website?

      This varies depending on your website platform as well as whether you outsourced your website creation. If you rely on a third party to edit your website, you can use this template to reach out to them:

      Hi [name],

      Due to new text messaging rules and regulations, we need to make changes to our forms, terms and conditions page, and privacy policy page as soon as possible. Could we set up a meeting to discuss the changes needed?

      Thank you!

      [name]

      What happens if my campaign is rejected?

      If your 10DLC registration is rejected due to missing opt-in requirements, we’ll notify you. Once the fixes are made, we will resubmit your application for 10DLC registration. Registrations are currently taking about eight days to complete.

      Please note that as of July 6, 2023, texts from unregistered 10DLC numbers are being restricted and/or blocked by mobile carriers. Starting August 31, 2023 they will be blocked altogether. So it’s important to get your registration approved as soon as possible.

      What happens if I don’t comply?

      In addition to having your 10DLC registration rejected and not being able to run text campaigns, there may be legal repercussions as the TCPA is federal law. Here are three key reasons you need to take express written consent seriously:

      • Financial losses: If you violate the TCPA, you could face fines for each violating text. In addition, blocked or restricted campaigns can result in missed opportunities and/or poor experiences with customers, which impact your retention and revenue.
      • Customer loss: Violating the TCPA can also result in losing access to mobile networks and therefore the customers that use them.
      • Reputation risks: Not following these rules can upset customers which can result in negative press, especially through review sites.

      We know that this is a lot of change at once, and that it’s nothing short of a hassle. But at the end of the day, these rules and guidelines are in place to keep texting a win-win for both consumers and businesses. It's also our responsibility as your Campaign Service Provider to make sure your campaigns run as smoothly as possible—and that requires compliance!

      Hopefully, this article has provided you with everything you need to make the necessary changes. If you have any other questions, do not hesitate to reach out to your account rep and we’ll be happy to help you. 

      Additional resources