Terms and Conditions

According to our Telephony Provider, The Campaign Registry (TCR), and other industry standards, a compliant Privacy Policy and Terms and Conditions (T&C) are required to be filed for SMS communications. While brands have some flexibility in how they implement these documents, the Privacy Policy must explicitly state that no mobile opt-in or texting data will be shared with third parties for marketing purposes.
The Terms and Conditions must include:

  • The types of messages consumers can expect to receive
  • Message frequency disclosure
  • Message and data rate notices
  • A link to the Privacy Policy
  • Customer support information (such as replying HELP for assistance)
  • Clear opt-out instructions (such as replying STOP to unsubscribe)

Ideal scenario:

A brand provides separate links for each of the Privacy Policy and SMS Terms and Conditions, making the required language easy to locate and understand.

Acceptable but slower to vet

A Privacy Policy that includes the SMS Terms and Conditions within a clearly labeled, dedicated section.

Unacceptable

A Privacy Policy without an accompanying SMS Terms and Conditions section.
Additionally, we have found many dealerships in CA use a third party for privacy policies and they are not in compliance. While these policies are quite comprehensive, they do lack some of the requirements that we have seen from our providers. We will be contacting these providers as well, but we recommend that you contact your providers as well and advise them of the changes required.
Below are some examples that have been provided by TCR that are in compliance with their policies. We strongly encourage you to incorporate these into your existing documents ASAP, but also recommend consulting your own legal counsel.

10DLC Compliant Terms
and Conditions Example

[Business Name] Text Messaging Terms & Conditions
By subscribing to the [Business Name] text messaging service (the “Service”), you understand and agree that:

  1. Program Description: You will receive recurring text messages related to our dealership, such as special offers, promotions, service reminders, appointment confirmations, and vehicle updates. Message frequency may vary.
  2. Message & Data Rates: Standard message and data rates may apply. Check your mobile plan for details.
  3. Stop Instructions: You can opt out at any time by replying STOP to any message. You will receive one final message confirming your opt-out, and no further messages will be sent unless you opt back in.
  4. Help Instructions: For help, reply HELP at any time or contact us at [phone number/email].
  5. Privacy: We value your privacy. Your mobile information will not be shared with third parties for their marketing/promotional purposes. For more details on how your information may be used or shared, please review our [Privacy Policy Link].
  6. Terms & Conditions & Privacy Policy: By subscribing to this Service, you confirm that you have reviewed and accept our [Dealership Terms & Conditions Link] and [Dealership Privacy Policy Link]

Consent to communicate with customers

As a reminder, consumers should only be enrolled in a marketing text program if they have provided prior express written consent in compliance with 47 CFR 64.1200(f)(9) and such consent has not been revoked. You should consult with legal counsel on how to obtain a compliant consent.

10DLC Compliant Privacy
Policy Language Example

*This language needs to be explicit and easily found in the dealership privacy policy. This could include placing it at the top of the page or within any section that contains information on correspondence.

Mobile information will not be shared with third parties or affiliates for marketing/promotional purposes. All the above categories exclude text messaging originator opt-in data and consent; this information will not be shared with third parties.

This document is not intended to provide legal advice. Please be aware that additional stipulations regarding your privacy policy and Terms and Conditions must be adhered to in order to achieve legal compliance. We strongly recommend consulting with your legal counsel to verify that all processes related to calls and text messages, including all language on your website, aligns with applicable legal standards.