Mobile program Terms and Conditions must be published and/or web-accessible in the Call-to-Action and must contain the components outlined below. While multiple mobile Terms & Conditions can share the same page, each must individually meet these requirements in order for that code/program to maintain compliance. For short codes, these mobile Terms may be hosted on their own mobile Terms page, or included within a distinct section of company Terms & Conditions. Review the checklist below to ensure that your mobile Terms & Conditions page meets all criteria.
Short Code
| Component | Additional Requirements |
|---|---|
| Program/Sponsor Info | Program name, company name, and/or brand associated with the campaign |
| Program/Service Description | What the program is and what service(s) it provides |
| Message and Data Rates Disclosure | "Msg&DataRatesMayApply" worded thusly or spelled out* |
| Message Frequency Statement | If your program will send out messages continually to the end-user post-opt-in without further end-user prompting, messages must be described as "recurring" or expected frequency must be described. (eg. "4msg/mo", "Message frequency varies") |
| Customer Service Information | A toll-free number or email address |
| Opt-out Instructions | Clear and conspicuous with "STOP" |
| FCC TCPA Disclaimer |
The following disclaimer is required for all marketing message campaigns: “By opting into [Program Name], the end-user agrees to receive pre-written marketing messages from or on behalf of [Sponsor] via short code [SC#], and understands that consent is not a condition of purchase.”** |
| Emergency Alert Disclaimer |
If your service is providing emergency alerts, you should include the following disclaimer in your Terms & Conditions: "Alerts sent via SMS may not be delivered to you if your phone is not in range of a transmission site, or if sufficient network capacity is not available at a particular time. Even within a coverage area, factors beyond the control of your wireless carrier may interfere with message delivery, including the customer’s equipment, terrain, and proximity to buildings, foliage, and weather. You acknowledge that urgent alerts may not be timely received and that your wireless carrier does not guarantee that alerts will be delivered." |
| Carrier Liability Disclaimer | “Carriers are not liable for delayed or undelivered messages.” |
| Privacy Policy URL | The privacy policy linked from your mobile terms & conditions can be a general privacy policy for your company. It does not have to be specific to your mobile program. |
| Material T&Cs | If multiple services are involved, they may share a page but must be distinct and clear from one another, and each program’s section must meet all of the requirements on this page. |
| Compatible Carriers (Optional) | The list of supported carriers is no longer required. However, if you do provide a list of carriers, it must include the Tier 1 carriers and MetroPCS. |
10DLC and Toll-Free
| Component | Additional Requirements |
|---|---|
| Program/Sponsor Info | Program name, company name, and/or brand associated with the campaign |
| Program/Service Description | What the program is and what service(s) it provides |
| Message and Data Rates Disclosure | "Msg&DataRatesMayApply" worded thusly or spelled out* |
| Message Frequency Statement | If your program will send out messages continually to the end-user post-opt-in without further end-user prompting, messages must be described as "recurring" or expected frequency must be described. (eg. "4msg/mo", "Message frequency varies") |
| Customer Service Information | A phone number or email address |
| Opt-out Instructions | Clear and conspicuous with "STOP" |
| Privacy Policy URL | The privacy policy linked from your mobile terms & conditions can be a general privacy policy for your company. It does not have to be specific to your mobile program. |
* The phrase “standard rates may apply” is no longer accepted.
** Campaigns which are non-marketing in nature such as two-factor authentication, banking alerts, et cetera are not required to include the above disclaimer.
T&Cs Boilerplates & Samples
The below are boilerplate terms and conditions that cover minimum carrier requirements:
Short Code
{Program Name}{Program Description: a brief description of the nature of the messages users can expect to receive when they opt in.}{Frequency Statement: Are messages recurring? State in bold.}{TCPA Disclaimer: “Subscribers agree to receive messages from [Brand or Program Name] via short code ##### and understand that consent is not a condition of purchase or service.”}{Message and Data Disclaimer: “Message and data rates may apply” in bold.}
{STOP Instructions: in bold}
{Customer Support Instructions}
{Link to Privacy Policy}
{Carrier Liability Disclaimer: “Carriers are not liable for delayed or undelivered messages.”}
{Optional List of Supported Carriers}
10DLC and Toll-Free
{Program Name}{Program Description: a brief description of the nature of the messages users can expect to receive when they opt in.}{Frequency Statement: Are messages recurring?}{Message and Data Disclaimer: “Message and data rates may apply”}{Opt-out instructions}{Customer Support Instructions}{Link to Privacy Policy}
Sample Short Code T&Cs
Acme Billing & Payment Alerts is a standard-rate SMS (Short Messaging Service) program which provides account balance notifications to Acme customers. If you have any questions or concerns about sending and/or receiving SMS messages, please use our company information below to contact us for additional support. Subscribers have provided express consent to receive recurring messages from Acme via short code #####, while understanding that consent is not a condition of service from Acme, and that message and data rates may apply.
Please read our Privacy Policy for information regarding privacy and information usage.
Opt-out Instructions
Text “STOP” to ##### to opt out at any time. After you send the SMS message “STOP” 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.
Customer Support
For additional support, text the word HELP to #####, or call 800-555-1212 at any time.
Supported Carriers
Carriers are not liable for delayed or undelivered messages.
Acme Billing & Payment Alerts is available on the following U.S. carriers: AT&T, T-Mobile, MetroPCS, Verizon Wireless, US Cellular, and many other smaller/regional carriers.
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