Example Opt In Consent & Privacy Policy Language
- 17 Oct 2024
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Example Opt In Consent & Privacy Policy Language
- Updated on 17 Oct 2024
- 2 Minutes to read
- Contributors
- Print
- DarkLight
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New Compliance Requirements
Remember - as of October 14th, 2024 - new compliance requirements have taken effect.
- Call-to-action (CTA) opt-in checkboxes for messaging must be exclusive to messaging. Separate CTAs are required for email or voice communication.
- Opt-in language must be specific to text messages only. It should not include email or phone call permissions—these need to be collected separately.
- Message frequency disclosure is now required in opt-in CTAs. Example: Message frequency varies.
- Website opt-in forms must not have mandatory phone number fields, which is now considered a forced opt-in. The phone number field should be optional.
Example Opt-In Consent Language
For inclusion on any web form where phone numbers are collected.
Example 1
By [whatever the end user is doing to denote consent], you agree to receive text messages from [sending company name] related to [use case]. Message & data rates may apply. Message frequency varies. Reply HELP for help and STOP to cancel. View Terms of Service and Privacy Policy [link to policies].
Example 2
By submitting this form and signing up for texts, you consent to receive marketing text messages (e.g. promos, cart reminders) from [sending company name] at the number provided, including messages sent by autodialer. Consent is not a condition of purchase. Msg & data rates may apply. Msg frequency varies. Unsubscribe at any time by replying STOP or clicking the unsubscribe link (where available). Privacy Policy [link] & Terms [link].
Privacy Policy and Terms & Conditions Suggestions
When submitting a 10DLC Campaign for approval, per carrier code of conduct, the privacy policies and the terms and conditions must be found in a clear, conspicuous place next to where the phone number is entered by the consumer. To check this, carriers review the website listed by the Brand.
In any situation where the end user is asked to provide a phone number for messaging (the carriers consider every requested phone number as an opportunity for messaging opt-in), then the privacy policy and terms and conditions must be present.
Additionally, the privacy policy CANNOT allow for the sharing or selling of end-user information to third parties and affiliates. This includes but is not limited to:
Sharing of end-user information for marketing purposes.
Sharing of end-user information for purposes of lead generation.
Sharing of end-user information for purposes of third-party analytics.
In short, the privacy policy must be clear that the information of end users is protected (this applies to call use cases, political included).
The Terms and conditions must not contradict the privacy policy or the opt-in route described therein:
It cannot state that end-user information will be shared
If the end-user opts into 10DLC traffic, then the terms and conditions should state that opt-in and opt-out occur via the 10DLC number. IE, a short code opt-out route is not acceptable. There should be consistency between the information presented in the opt-in CTA (call to action) and the T&C and privacy policy.
There are several online free Privacy Policy generators (such as Termly) that can assist you, and/or consult with your legal team.
You can also feel free to copy/download the privacy policy and terms of use/terms & conditions located below, and edit them to match your Brand:
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