Failure to comply with SMS disclosure requirements will result in:
· Immediate loss of messaging privileges
· Deletion of your sending number
· Revocation of A2P approval
Required Action:
When sending SMS messages to prospective clients—especially Mortgage Protection leads purchased from a lead vendor (not via a direct mailer or direct marketing campaign)—you MUST disclose the company you represent.
If you are running Mortgage Protection leads through a campaign/workflow, your first SMS must include the following verbiage in RED:
Hi [Customer Name], this is [ai agent name] reaching out on behalf of [Your Name] with [Business name]. I’m reaching out about the mortgage you closed with [Lender Name]. When you closed your loan, you should have spoken to an Underwriter or Agent about the Mortgage Protection plan that covers your mortgage if you get sick or pass away.
Did you receive your policy in the mail?
Reply OUT to Unsubscribe.
Subsequent sms messages must also include who you are and the company you represent to ensure the recipients can associate the messages received.
Why This Matters:
Carriers require transparency to prevent fraudulent messaging. Not disclosing your name, and the company you represent creates the false impression that you are affiliated with the lender, violating carrier policies. Due to strict enforcement, failure to comply will result in immediate termination of your SMS capabilities.
1. Opt-In Disclosures
Clear Consent: Users must actively opt in to receive SMS. Consent cannot be assumed.
Disclosure at Opt-In: At the point of opt-in (not hidden behind links), you must display:
Rates Disclosure: “Message and data rates may apply.”
Help Instructions: “Reply HELP for help.”
Opt-Out Instructions: “Reply STOP to cancel.”
Sender Identification: Clearly identify your business or brand in the message.
Opt-Out Mechanism: Every marketing message should include opt-out instructions (e.g., “Reply STOP to unsubscribe”).
Confirmation: Send a confirmation when a user opts out.
Must be easily accessible from the initial call-to-action.
Must state that SMS opt-in data and consent will not be shared with third parties.
Marketing messages should be sent only between 8 a.m. and 8 p.m. local time.
Maintain records of opt-ins and opt-outs for compliance and dispute resolution.
