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A2P Opt-In Form: Privacy Policy and Terms Guidelines

Terms of Service Requirements​

When creating your terms of service for SMS programs, make sure to include the following components:

  • Program Name and Description: Clearly state the name of your SMS program and provide a brief description of the types of messages users can expect upon opting in.
  • Opt-Out Instructions: Inform users that they can cancel the SMS service at any time by texting "STOP" to the shortcode. Confirm their unsubscribe status via SMS, and let them know they can rejoin by signing up again.
  • Rejoining Instructions: Explain how users can rejoin the program after opting out.
  • Help Instructions: Provide guidance on how users can get assistance, such as texting "HELP" or contacting support.
  • Carrier Liability Disclaimer: Note that carriers are not liable for delayed or undelivered messages.
  • Message and Data Rates Disclaimer: Mention that message and data rates may apply, and advise users to contact their wireless provider for questions about their text or data plans.
  • Privacy Policy Link: Include a link to your privacy policy.
  • Compliance with Industry Standards: State your commitment to complying with industry standards and applicable laws.

Example Template​

{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}.

Privacy Policy Requirements​

To ensure your privacy policy is compliant, consider using services like Termly or Rocket Lawyer to generate one, or use free online generators. Your privacy policy should include the following statements:

  • No Sharing of Mobile Information: Ensure that no mobile information will be shared with third parties or affiliates for marketing or promotional purposes.
  • Opt-In Data Protection: State that 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.
  • Information Sharing Disclaimer: If your policy mentions sharing personal information, add a disclaimer that excludes text messaging originator opt-in data and consent from being shared with third parties.

Key Points for Privacy Policy​

  • Remove terms like "share," "sell," "affiliate," or "third-party" if they imply sharing leads' information, unless explicitly allowed.
  • Ensure the policy clearly states that you don’t share or sell leads' information.
  • Provide a working Privacy Policy URL that does not mention sharing of personal information with any third parties/affiliates/nonaffiliates. If it does, include the following disclaimer:
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.

Industry Standards for US Short Code Terms of Service​

To comply with industry standards and legal requirements, ensure your short code campaign includes:

  • Publicly Accessible Terms of Service: Your mobile terms of service page should include 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 Compliance: Be aware of any additional compliance requirements under applicable law based on the nature of your text messaging campaign. Consulting with legal counsel is advisable to ensure compliance.

New Sev-0 Fines on Prohibited A2P Traffic (Effective February 15, 2024)​

What You Need to Know​

T-Mobile has introduced fines for non-compliance with A2P 10DLC messaging standards. These fines apply to messages containing prohibited content and are categorized as follows:

  • Tier 1 ($2,000): Phishing, smishing, and social engineering.
  • Tier 2 ($1,000): Illegal content.
  • Tier 3 ($500): Other violations, including SHAFT (sex, hate, alcohol, firearms, and tobacco) content.

T-Mobile reserves the right to suspend access to their network for excessive violations. Stay informed and ensure your messaging practices comply with these standards to avoid fines.