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 compliance requirements from TCR for each item, as well as examples of statements to use. While specific verbiage is not mandated by TCR, the example language provided here has been successfully approved for compliance by TCR in the past.

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 disclosure statement included on the form where they collect the client's phone number, which allows clients to consent to receive text messages at the provided phone number. 

Compliance requirements from TCR on opt-in disclosure

1. Opt-in statement must be easy to see (e.g. near the submit button or signature field).
2. Opt-in must require user action to indicate agreement (e.g. a checkmark or button).
3. Opt-in must be optional (not required) to submit the form. 
4. Phone Number must be an optional field (not required) on the form where opt-in is collected. 
   
5. Opt-in statement must include the following information: 
   • Agency name
   • Types of text messages being sent
   • Message frequency (e.g. frequency varies, 2 messages per week, etc)
   • Message and data rates may apply
   • HELP information (text HELP for help)
   • STOP/opt-out information (text STOP to stop)
   • Link to the agency's privacy policy
   
   Example: Customers opt in by visiting a website and adding their phone number. They then check a box agreeing to receive text messages from the company.

Sample wording for opt-in disclosure to add to contact information form

By submitting this form and signing up for texts, I agree to receive conversational text messages from [Agency Name] using the contact information provided. For help, reply HELP. Opt-out of receiving text messages at any time by sending STOP. Message and data rates may apply. Message frequency varies. Please view our Privacy Policy at: [Privacy Policy Link]

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.

Compliance requirements from TCR on privacy statement

1. A Privacy Policy or Statement must be accessible to your clients, either on your website or attached to any physical form, explaining how their information will be used. 
   
   
2. This policy must specifically state that text messaging opt-in data will not be shared with third parties for marketing or promotional purposes. 
   
   
3. This policy must also include instructions on how to opt out of future communications (e.g. text STOP to opt out at any time). 

Sample wording for privacy statement to add to privacy policy

Mobile information will not be shared with third parties/affiliates for marketing/promotional purposes. All the above categories exclude text messaging originator opt-in data and consent; this information will not be shared with any third parties. Opt out of receiving text messages at any time by sending STOP. 

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

TCR may classify 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 classifies an agency as non-compliant, HawkSoft will contact the agency to obtain any missing information or proof of compliance.