Updates to 10DLC compliance: prior texting opt-in & privacy statement

We want to make you aware that there have been some changes to the legal requirements for businesses that send text messages to their clients. These 10DLC regulations are standardized by the FCC, and another administrative body called The Campaign Registry (TCR) enforces them for business texting.

Previously, HawkSoft Text Messaging allowed agencies to gain consent from clients by sending them a single opt-in text message. However, TCR now requires that a consumer (i.e., your client) must consent to receive text messages prior to receiving any messages (including HawkSoft's opt-in message). Businesses must include an opt-in disclosure on the form where the consumer initially provides their phone number, stating that they agree to receive text messages from the business, and provide a privacy statement regarding the use of the consumer’s phone number.

Required evidence of 10DLC compliance

TCR requires each business to provide evidence (a webpage link, digital form link, screenshot, or PDF of a physical form) of the following two items.

We've provided the guidance TCR offers for each item, as well as examples of statements to use. Specific verbiage is not mandated by TCR; these are simply examples to help agencies understand what each item might look like. We recommend you work with your agency's legal counsel to create language for your agency's situation. However, keep in mind that these items will be reviewed by TCR and may not be approved if they don't meet the guidelines provided below. 

Legal disclaimer regarding sample language

No legal advice provided. The examples, templates, and information provided by HawkSoft are for informational purposes only and should not be construed as legal advice. All language is contingent on approval by The Campaign Registry (TCR) for compliance. We recommend that you seek independent legal counsel for advice regarding your specific situation.

1. Opt-in disclosure for text messaging

The agency must provide evidence of a texting opt-in or disclosure included on the form where they collect the client's phone number, which states that by providing their phone number the client consents to receiving text messages at the provided phone number. This statement must be easy to see (e.g. near the submit button or signature field) or require user action (e.g. a checkmark or button), and should contain or reference the agency's privacy statement (see #2). 

Guidance from TCR

• Opt-in must be 1 to 1, can’t be shared with third parties, and can’t be implied.
• Opt-in must be clear and conspicuous. It can’t be obscured within the Terms & Conditions and/or other agreement(s).
• Opt-in may only apply to text messaging. If your customer also uses emails or voice calls, their opt-in should be collected separately.
• Phone Numbers cannot be a required field on the website where opt-in is collected. This is considered a forced opt-in. Please ensure that this field is optional on the website.

Sample opt-in disclosure statement to add to contact information form

By submitting your phone number in this form, you hereby authorize [Agency Name] to communicate with you through text messaging for business purposes. You can reply STOP at any time to opt out of text messaging. Phone numbers are not shared with third parties for marketing or promotional purposes. See our privacy policy for details on how we protect customer contact information.

2. Privacy statement

The agency must provide evidence of their privacy policy or statement, which confirms that contact information provided by the consumer (including phone numbers) will not be shared with other parties or used for any purposes aside from those for which it was provided. This statement may be displayed on the same form as the opt-in disclosure, or may be available on a separate webpage or location accessible to the consumer.

Guidance from TCR

• Per 5.2.1 of the CTIA Guidelines, message senders are to maintain a privacy policy that is easily accessed by the consumer.
• The privacy policy must include a disclaimer that no mobile opt-in will be shared with third parties for marketing purposes.
• Terms of Service must have an SMS disclosure that includes the types of messages consumers can expect to receive, texting cadence, message and data rate notices, privacy policy links, and opt-out instructions.

Sample privacy statement to add to privacy policy

No mobile phone information or opt-in data will be shared with third parties/affiliates for marketing or promotional purposes.

Customers who have opted in to receive text messages can expect to receive messages about [topics - e.g. account notifications, payment notifications, policy renewal reminders, etc]. Customers typically receive no more than [number] messages per month. Messaging rates may apply. You can reply STOP at any time to opt out of text messaging.

What happens if an agency is considered non-compliant by TCR?

TCR may mark businesses as non-compliant if they were unable to verify that the business obtains prior opt-in from consumers to send text messages. HawkSoft’s texting provider has confirmed that they will not be blocking non-compliant businesses from sending text messages at this time. However, if a non-compliant agency has any issues or troubleshooting needs with text messages being delivered, our texting provider will not work on supporting the issue until the agency’s compliance issues are resolved. 

Please also be aware that the regulations may change at any time, and TCR (and subsequently our texting provider) could abruptly decide to block non-compliant businesses from sending text messages due to an audit or other circumstances. If TCR marks an agency as non-compliant, HawkSoft will contact the agency to obtain the any missing information or proof of compliance.