Setting Up Proper Terms and Conditions

Proper Terms and Conditions

After understanding the TCPA regulations, it is important to publish and be transparent about the Terms and Conditions of your service. This is a high priority tasks in this process considering that the T&C terms must be clear and published prior to any SMS marketing content being sent to users.

Another important note for companies partaking in SMS marketing is that the user must be made aware if the Terms and Conditions are updated.

Example of TCPA-complaint language

For the Opt-In Confirmation Message:

The Opt-in Confirmation Message must clearly include the name of the company along with a response command that will serve as the written consent required for SMS marketing content. It may be a great idea to make note of the date and time this consent message is confirmed by the user as proof that proper consent was received.

TCPA-Compliant Message:

[Brand Name]: Reply Y/YES to opt into text alerts. No purchase necessary. Msg frequency is
recurring. [View terms: Link]

For Opt-In Welcome Message:

The Opt-In Welcome Message must state that the user has subscribed to receiving SMS marketing content along with the notice that any messaging and data rates apply. In addition, it must contain the directions to unsubscribe and to receive help.

TCPA-Compliant Message:

[Brand name]: Welcome! You are now signed up for text alerts. You will be the first to know about new products, special promotions and more.
- Reply HELP for help
- Reply STOP to cancel
Msg & data rates may apply

For the Help Message:

The user, at any point, may choose to receive help from the company by sending the selected keyword(s). These keywords must be predefined in the Opt-In Welcome Message. It may be helpful to have these keywords included in the SMS marketing content to allow for easy access. 

TCPA-Compliant Message:

[Brand Name]: Text STOP to quit. For help please call: [Helpline Number]

For the Stop Message:

In any circumstance, a user may choose to opt-out of receiving SMS marketing content by sending the predefined keyword(s). Now, per the TCPA, there can only be one more message sent to the user as a confirmation that they will no longer receive messages. After this message is sent, no more SMS marketing content in any form may be sent to the user

TCPA-Compliant Message:

[Brand Name]: You are now unsubscribed and no more messages will be sent. We will
miss you! Join again at any time by replying with START.

For SMS Marketing Messages:

Though this is the portion to create unique messaging content, it is important to remember that the messages themselves need to abide by the TCPA and CTIA regulations. A great practice to have is that the messages themselves contain the keywords to seek help and to unsubscribe from receiving content.

TCPA-Compliant Message:

[Brand Name]: Good news! This weekend only, get an item + Free Shipping with any
skincare system. Claim yours today. [URL]
Txt HELP for help, STOP to quit. Msg&data rates may apply.