Example Opt In Consent, Privacy Policy & Terms of Use Language
- 30 Jan 2025
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Example Opt In Consent, Privacy Policy & Terms of Use Language
- Updated on 30 Jan 2025
- 3 Minutes to read
- Contributors
- Print
- DarkLight
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New Compliance Requirements
As of October 14th, 2024 - new compliance requirements have taken effect.
- 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.
Standard Opt-in Consent Statement:
By [method of consent, e.g., clicking checkbox, submitting this form, etc.], you agree to receive text messages from [sending company name] related to [use case]. Message & data rates may apply. Message frequency varies.Carriers are not liable for delayed or undelivered messages. Reply HELP for help[or specify an alternative method for end recipients to receive help] and STOP to cancel. View Terms of Service and Privacy Policy [hyperlink policies].
Important Note for our Nonprofit Clients
The carriers require all nonprofit institutions to register under the charity 10DLC use case. To ensure your registration is approved in this category, please specify in the opt-in consent statement whether donations/fundraising will or will not be solicited via SMS. Here is the suggested opt-in consent verbiage for our nonprofit clients:
By [method of consent, e.g., clicking checkbox, submitting this form, etc.], you agree to receive text messages from [sending company name] related to [use case]. [Donations may be solicited / Donations will not be solicited] (choose one). Message & data rates may apply. Message frequency varies. Carriers are not liable for delayed or undelivered messages. Reply HELP for help[or specify an alternative method for end recipients to receive help] and STOP to cancel. View our Terms of Service and Privacy Policy [hyperlink policies].
Important Note for Marketing Use Case
If you use SMS for promotional or direct marketing—even as a sub-use case under the Mixed campaign type—this must be specified in the opt-in consent statement. Please use the following suggested language:
By [method of consent, e.g., clicking checkbox, submitting this form, etc.], you agree to receive promotional and informational text messages from [sending company name] at the number provided, including messages sent by autodialer. Consent is not a condition of purchase. Message & data rates may apply. Message frequency varies. Carriers are not liable for delayed or undelivered messages. Reply HELP for help[or specify an alternative method for end recipients to receive help] and STOP to cancel. View Terms of Service and Privacy Policy [hyperlink policies].
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 should include the following elements:
Program (brand) name
Message frequency disclosure
Product / Service description
Customer care contact information
Opt-out information
"Message and data rates may apply" disclosure
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 compliant privacy policy and terms of use/terms & conditions located below, and edit them to match your Brand:
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