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:

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 require user action (e.g. a checkmark) or be easy to see (near the submit button or form signature), 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).

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. It should be referenced in the opt-in. TCR registration may be denied if there is no policy present or if the privacy policy is non-compliant. Non-compliance generally would be around the sharing of consumer information with third parties for marketing purposes.

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