Enclosed is a copy of the boilerplate terms of service covering minimum requirements from the carriers:
{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. You will receive {message frequency}. 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}.
In both the privacy policy and terms and conditions pages, remove all keywords such as 'share,' 'sell,' 'affiliate,' or 'third-party' that mention selling or sharing leads' information with a third party.
A compliant Privacy Policy must state that 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 ensure your short code campaign aligns with LC Phone's requirements, your company must adhere to carrier compliance requirements, industry standards, and applicable law.
As per industry standards, it is necessary to have a publicly accessible mobile terms of service page for each US short code program. This mobile terms of service should include specific provisions such as 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 requirements may exist for certain programs like sweepstakes or contests. For more information on industry standards, please refer to the CTIA’s Short Code Monitoring Handbook.
Beyond these standards, there may be additional compliance requirements under applicable law based on the nature of your text messaging campaign. It is advisable to consult with your legal counsel to ensure that your terms of service and privacy policy are compliant with applicable law and consistent with standards for your specific campaign and industry.
- Tier 1: $2,000: phishing (including simulated phishing sent for security testing or similar purposes), smishing, and social engineering. Social Engineering is a technique used to manipulate someone into sharing private information, like passwords or credit card numbers.
- Tier 2: $1,000: illegal content (content must be legal federally and in all 50 states)
- Tier 3: $500: all other violations in commercial messaging including but not limited to, SHAFT (sex, hate, alcohol, firearms, and tobacco) that do not follow federal and state law and regulations (e.g. age-gate).