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.
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. These 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.
What do you need to know?
T-Mobile has implemented fines for non-compliance with A2P 10DLC regulations, targeting messages containing restricted content. Upon detecting any violations of the specified tiers, T-Mobile will enforce Sev-0 violations, the highest level of consumer offense, along with non-compliance penalties, leading to immediate blocking of the infringing messages by carriers.
This pertains to all business-oriented A2P (Application-to-Person) messaging products, including SMS or MMS short codes, toll-free numbers, and 10DLC (10 Digit Long Code), which pass through the T-Mobile network.
In the event of Sev-0 violations, which also breach our acceptable use and messaging policies, fines will be transferred to you for each violation starting February 15, 2024. These penalties encompass various infractions, including but not limited to the following:
Tier 1: $2,000 Penalty: Covering phishing (including simulated phishing for security testing), smishing, and social engineering tactics. Social engineering involves manipulating individuals to divulge sensitive data such as passwords or credit card details.
Tier 2: $1,000: $1,000 Fine: Applicable to illegal content, ensuring compliance with federal and all state laws across the United States.
Tier 3: $500 Charge: Encompassing various commercial messaging violations, including but not limited to SHAFT (sex, hate, alcohol, firearms, and tobacco) that violate federal and state regulations, such as age restrictions.
The fines for non-compliance extend to breaches in any A2P messaging product, including SMS/MMS short code, toll-free, and 10DLC. T-Mobile maintains the authority to indefinitely suspend brands, campaigns, and your company's access to its network if violations are found to be excessive. Upon incurring fines, a Sev-0 violation notice will be issued, followed by the corresponding penalty charge.
