When using text messaging for business purposes, especially under the 10DLC system, carriers and legal regulations require businesses to provide clear Terms & Conditions (T&C) to inform customers about what they are consenting to when they opt in to receive messages. These requirements protect both businesses and customers by ensuring transparency in the communication process.
Here’s an overview of the key T&C requirements that businesses should adhere to when using text messaging services:
1. Description of Service
Your T&C should provide a clear explanation of what the customer is signing up for. This includes detailing the types of messages they will receive (e.g., promotional messages, appointment reminders, customer service messages).
- Example:
“By opting into [Business Name]'s text messaging service, you agree to receive text messages from us regarding [type of communication—e.g., promotions, updates, customer service].”
2. Opt-In and Consent
The T&C must specify how customers can opt in to receive messages and clarify that they are giving consent to be contacted. Consent must be explicit, not implied, which means users must take clear action (e.g., texting a keyword like "JOIN").
- Example:
“By texting [keyword] to [shortcode or number], you consent to receive messages from [Business Name]. You acknowledge that your consent is not a condition of purchase.”
3. Opt-Out Instructions
You are required to provide clear instructions on how customers can opt out of receiving messages at any time. This is typically done by texting a keyword like "STOP" or "UNSUBSCRIBE."
- Example:
“You can opt out at any time by texting STOP to [number]. After you send the STOP message, you will receive one final confirmation message to let you know you’ve been unsubscribed.”
4. Message Frequency
Customers should be informed about how often they will receive messages. For example, if the messages are sent daily, weekly, or only triggered by specific actions, it should be clearly stated.
- Example:
“Message frequency varies depending on your interactions with [Business Name], but you can expect to receive no more than [X] messages per week.”
5. Message and Data Rates
The T&C must notify customers that standard message and data rates may apply. This ensures that customers are aware that they might incur charges from their mobile carrier.
- Example:
“Message and data rates may apply. Check with your mobile carrier for details regarding your messaging plan.”
6. Privacy Policy
It’s essential to provide a link to your Privacy Policy that explains how you collect, use, store, and protect the customer’s data. This is a legal requirement to ensure that customer information is being handled responsibly.
- Example:
“For more information on how we use your data, please refer to our [Privacy Policy] at [URL].”
7. Help/Support Information
Provide an option for customers to get assistance or more information about the messaging service by texting a specific keyword like "HELP" or by contacting customer support directly.
- Example:
“For help, text HELP to [number] or contact customer support at [support email or phone number].”
8. Limitation of Liability
It’s important to limit your liability by including a statement that absolves your business from any responsibility for message delivery failures, mobile carrier issues, or charges related to texting services.
- Example:
“We are not responsible for any delays in sending or receiving text messages. Mobile carriers are not liable for delayed or undelivered messages.”
9. Modifications to the Service
Specify that your business reserves the right to modify or discontinue the text messaging service at any time. This protects your business in case you need to stop or adjust the service for any reason.
- Example:
“We reserve the right to modify or discontinue our text messaging service at any time, without notice.”
10. Eligibility
Mention any restrictions on who can sign up for the service, such as age requirements or geographic limitations.
- Example:
“You must be at least 18 years old and reside in the United States to use this service.”
11. Governing Law
It’s a good practice to include a clause that defines which jurisdiction’s laws govern your T&C, ensuring that any disputes will be handled according to the law in a specific region or state.
- Example:
“These terms are governed by and construed in accordance with the laws of [State/Region].”
Example of a Full T&C Template for a Text Messaging Service:
Terms & Conditions
By subscribing to [Business Name]'s text messaging service, you agree to receive recurring automated messages from [Business Name] related to [type of communication, e.g., promotions, updates, customer service] at the mobile number provided. Message frequency may vary based on user interactions. Consent to receive messages is not a condition of purchase.
Opt-In:
To subscribe, text [keyword] to [number]. By opting in, you consent to receive messages from [Business Name] at the phone number you provided.
Opt-Out:
You can opt out of this service at any time by texting STOP to [number]. After opting out, you will receive one final confirmation message to confirm your unsubscription. No further messages will be sent to your device.
Message and Data Rates:
Message and data rates may apply. Please consult your wireless carrier for details on your messaging and data plan.
Privacy Policy:
We are committed to protecting your privacy. Please review our Privacy Policy at [URL] for information on how we collect, use, and protect your personal data.
Help:
For support, text HELP to [number], or contact our customer service at [support phone/email].
Limitation of Liability:
[Business Name] is not responsible for any message delivery delays or failures. Carriers are not liable for delayed or undelivered messages.
Changes to Terms:
We reserve the right to change these terms and conditions or discontinue the service at any time without notice.
Governing Law:
These terms are governed by the laws of [State/Region].
These T&C components are essential to protect your business from legal liabilities and ensure compliance with carrier regulations. Make sure to have your T&C reviewed by legal counsel to meet both carrier requirements and applicable laws in your region.