This article will help you meet all of the legal requirements on your website forms, privacy policy, and terms and conditions in order for your 10DLC application to get accepted.
Summary
As of July 6, 2023, texts from unregistered 10DLC numbers are being restricted by mobile carriers and starting August 31, 2023 they will be blocked altogether. So it’s important to get your 10DLC registration approved as soon as possible.
In order to get registered, you must comply with legal requirements, one of which being that you are required to get consent before texting any of your contacts. This requires clear opt-in language in three places on your website:
- Your website forms (what this article covers)
- Your terms and conditions
- Your privacy policy
We know that legal verbiage is daunting, not to mention making changes on your website. We also know that these are significant changes that may bring up questions and concerns. This article will address and walk you through all of it, and also provides templates so this can be as pain-free as possible. If you still have questions at the end, reach out to your account rep and we will be happy to help.
Table of contents
Opt in:
- What is the 10DLC opt-in requirement?
- What is prior express written consent?
- Where do I need to obtain prior express written consent?
- What are the requirements for obtaining prior written consent?
- Opt-in messaging templates
- Tips and best practices
- Additional FAQs
- Additional resources
What is the 10DLC opt-in requirement?
In order to get your 10DLC registration application accepted, your campaigns must adhere to the Telephone Consumer Protection Act (TCPA) as well as the CTIA Messaging Principles & Best Practices. Both of these statutes require that you obtain “prior express written consent” from consumers before texting them.
What is prior express written consent?
The TCPA’s definition of “prior express written consent” is as follows:
“Before sending a marketing text or making a marketing call to consumers, the texter/caller must have the consumer's prior express invitation or permission, “which must be evidenced by a signed, written agreement between the consumer and seller, which states that the consumer agrees to be contacted by this seller and includes the telephone number to which the calls may be placed.”
To clarify:
- Express: Express means expressed, as in not implied, but rather, explicitly given.
- Written: This does not have to mean an actual handwritten document. It just needs to be documented and accessible somewhere (in this case via a form or opt-in text).
- Signature does not have to mean an actual penned signature. It can be that of providing one’s information and clicking the “submit” button on a form.
- Prior means that the consent needs to be given before the first text or call (i.e. you can’t text a consumer to ask if you can text them).
This needs to happen on any place on your website where you collect a visitor’s contact information for the purpose of reaching out to them via text.
Where do I need to obtain prior express written consent?
For any location on your website where you collect a phone number and may text that number, you must obtain prior express written consent.
This includes:
- Forms
- Chat widgets
- Text opt ins
Forms
Many of our customers have forms on their website for visitors to fill out in order to request an estimate, reach out with a question, download a piece of content, and more. Forms can appear on website pages, in popups and in live chat widgets.
There are several different ways to do this, which we’ll discuss later in this article. The example below is a form on a contact us page:
Here is another example of a form in a popup:
Chat/text widget
Many home services businesses have a widget on the bottom right of their website that enables visitors to opt in to text communication—such as with Hatch Chat.
Text opt-in
The third place you need to obtain prior express written consent is if you have a call to action of any form that instructs visitors to sign up for text message updates and communication via text message. That is, by texting a specific phrase to the number provided.
In order for the above assets to be TCPA/10DLC-compliant, they must meet the below requirements.
What are the requirements for obtaining prior written consent?
Regardless of which SMS consent method you are using, all of the above assets are considered an “agreement” and your agreement must contain the following:
- The telephone number of the person who is giving permission to receive texts or calls
Aka the form field where the user provides their number - The following disclosures:
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- By submitting/signing the form, the user is opting in to receive text messages. (we’ll provide verbiage on this in a bit)
- "We will never share your personal information with third parties for marketing purposes."
Translation: customers will only be contacted for the reason they opted-in - “Message and data rates apply.”
Translation: customers may be charged by their cellular service provider for receiving or sending text messages from their devices - “Consent is not a condition of purchase.”
Translation: giving consent to text does not mean the consumer then has to make a purchase
-
- The purpose of your campaign (Not mandatory but recommended)
Aka the type of messages customers will receive - Text message frequency (Not mandatory but recommended)
E.g. Once a week, once a month, or frequency may vary - Link to terms and conditions: See our SMS Terms & Conditions Help Page
- Link to SMS privacy policy: See our SMS Privacy Policy Help Page
The above requirements are all documented via the TCPA, CTIA, and Twilio’s 10DLC Campaign Approval Best Practice.
Examples of opt-in messaging for forms
There are all kinds of ways to include the above requirements in your opt in forms and widgets. We provide examples below.
NOTE: Remember that they all require the following:
- Message/data rates apply.
- Consent is not a condition of purchase.
- By [taking the action on the form], you agree to our terms and conditions and privacy policy (linked).
- We will never share your personal information with third parties for marketing purposes.
Examples
- By clicking [button name], you authorize [company name] to [reach out to you with questions about your project], via phone, email, or text. We will never share your personal information with third parties for marketing purposes. Message/data rates apply. Consent is not a condition of purchase. You may unsubscribe at any time.
- Once you submit, we may reach out to you via phone, email, or text to [purpose], which you can opt out of at any time. We will never share your personal information with third parties for marketing purposes. Consent is not a condition of purchase. Message/data rates apply. Terms and Conditions | Privacy Policy.
- By opting into the web form, you are providing consent for [company] to [communicate with you about your project via phone, email, or text. We will never share your personal information with third parties for marketing purposes. Standard message rates may apply. You can reply HELP at any time to learn more. You may opt out anytime by replying STOP.
- By submitting, you authorize [company] to [reach out via phone, email, or text [for more information on your project needs]. You can opt out at any time. We will never share your personal information with third parties for marketing purposes. Message/data rates apply. Consent is not a condition of purchase. Terms and conditions | Privacy Policy
- By pressing [name of button] I agree to receive phone, email, or text messages from [company] to the provided mobile number and also agree to the [company]] terms and privacy policy at [link]. Message & data rates may apply. We will never share your personal information with third parties for marketing purposes.
- By submitting, you authorize [company] to send personalized email, text, or voice messages with [offers and other information]. Message/data rates apply. Consent is not a condition of purchase. Our Terms and Conditions and Privacy Policy apply. We will never share your personal information with third parties for marketing purposes.
- By submitting, you agree to receive phone, email, or text communication from us per our Terms and Conditions and Privacy Policy, which state that we will never share your personal information or spam you.
SMS consent tips and best practices
Other than staying compliant with the above TCPA and CTIA rules, there are a few more best practices that you can follow to ensure your reputation and rights are protected, and that you get the opt-ins you desire.
Stay transparent
We get it—a block of legal text is the last thing you want to put on your forms. The problem is, you’ll only make things worse by trying to make it extra small or trying to reword it to sound less legal.
Stick to the verbiage required and don’t try to hide anything. If your website, content, and customer experience are all in good shape, you’ll have earned enough trust for consumers to feel comfortable opting in. Plus, at the end of the day, you only want to be texting consumers who want to be texting you.
Find out what verbiage works for your business
If your business uses text in a more conversational manner, don’t be afraid to explore your options and find the messaging that works best for you.
For example, Hatch customers primarily use business texting to converse with customers in real time. This is very different from, say, an ecommerce business sending texts with promo codes once a week.
As such, we recommend different verbiage than what is suggested (after clearing it with compliance). For example:
- Instead of “You agree to receive texts with offers and information.”
We recommend “You agree to let us reach out to you to schedule and coordinate appointments and projects.” - Instead of “Reply STOP to unsubscribe”
We recommend “If you don’t wish to converse over text, reply END.”
Focus on conversion rate optimization
There are so many factors involved in whether a person converts on your forms and landing pages. While you can’t control the legal aspect of things, there are still plenty of elements you can test to find out what works best: the images, the copy, the button color, the messaging, the layout of the page, and more. Run A/B tests on these elements so you can ensure that everything is in optimal conditions for conversion.
Be personable
Even though there is specific verbiage to be used for SMS opt-ins, there is still enough opportunity to make it conversational—which can help offset the rigid legal language.
For example:
- We promise never to share your personal information or send annoying spam texts.
- We respect your privacy.
- We promise not to spam text you.
- We ask for your phone number so we can coordinate estimates, appointments, and projects over text.
Additional FAQs
How do I edit my website?
This varies depending on your website platform as well as whether you outsourced your website creation. If you rely on a third party to edit your website, you can use this template to reach out to them:
Hi [name],
Due to new text messaging rules and regulations, we need to make changes to our forms, terms and conditions page, and privacy policy page as soon as possible. Could we set up a meeting to discuss the changes needed?
Thank you!
[name]
What happens if my campaign is rejected?
If your 10DLC registration is rejected due to missing opt-in requirements, we’ll notify you. Once the fixes are made, we will resubmit your application for 10DLC registration. Registrations are currently taking about eight days to complete.
Please note that as of July 6, 2023, texts from unregistered 10DLC numbers are being restricted and/or blocked by mobile carriers. Starting August 31, 2023 they will be blocked altogether. So it’s important to get your registration approved as soon as possible.
What happens if I don’t comply?
In addition to having your 10DLC registration rejected and not being able to run text campaigns, there may be legal repercussions as the TCPA is federal law. Here are three key reasons you need to take express written consent seriously:
- Financial losses: If you violate the TCPA, you could face fines for each violating text. In addition, blocked or restricted campaigns can result in missed opportunities and/or poor experiences with customers, which impact your retention and revenue.
- Customer loss: Violating the TCPA can also result in losing access to mobile networks and therefore the customers that use them.
- Reputation risks: Not following these rules can upset customers which can result in negative press, especially through review sites.
We know that this is a lot of change at once, and that it’s nothing short of a hassle. But at the end of the day, these rules and guidelines are in place to keep texting a win-win for both consumers and businesses. It's also our responsibility as your Campaign Service Provider to make sure your campaigns run as smoothly as possible—and that requires compliance!
Hopefully, this article has provided you with everything you need to make the necessary changes. If you have any other questions, do not hesitate to reach out to your account rep and we’ll be happy to help you.
Additional resources
- From the FCC (Federal Communications Commission)
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- The TCPA privacy section that documents the company identifier requirement (which can be found via the FDIC's Consumer Compliance Examination Manual).
- 2015 Omnibus Declaratory Ruling and Order that text messages are subject to the same TCPA restrictions as phone calls.
- FCC Fact Sheet
- FCC TCPA Summary
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- From the CTIA (Cellular Telecommunications and Internet Association)
- From Hatch
- From The Campaign Registry (the third party that registers 10DLC numbers)