Navigating Opt-In Protocols, Privacy Updates, and SMS Data Handling for Brand Transparency.

The world of digital communication is ever-evolving, and with the introduction of 10DLC regulations, businesses must adapt their practices to remain compliant. This article will guide you through the necessary steps to ensure your website aligns with these new standards.

Reading and understanding the CTIA and TCPA guidelines are crucial to a successful texting campaign:

To begin with, any form on your website that collects phone numbers for SMS communication represents a 'call to action' and must include:

Opt-In Checkbox: This checkbox ensures that users actively consent to receive SMS communications from your business. It's not just a best practice; it's a requirement for 10DLC compliance.

Disclaimer: Associated with the form, the disclaimer should clearly state the purpose of collecting the phone number and any potential communications the user might receive.

This disclaimer should include:

Example subscription form

Here's an example template:

I consent to the SMS terms to receive automated calls or texts from {Business Name} at a frequency of no more than {number} promotional messages per month. Message and data rates may apply. I understand I may opt-out of SMS communication by replying 'STOP' or 'HELP' for more information. Consent to receive texts or calls is not required as a condition of purchasing any products or services. Your number will not be used by 3rd parties or affiliates for marketing purposes. I understand I will receive marketing communications to the phone number provided to {Business Name}, which includes wireless numbers, and if applicable, numbers previously registered on the DNC registry. I agree with the {link to Terms of Service} and {link to Privacy Policy}

Carriers now emphasize the importance of a specific section in the 'Privacy Policy' that addresses the handling of first-party information related to SMS messaging. Here's what you need to know:

First Party Information: Carriers advocate that first-party information remains just that (as per TCPA and CTIA guidelines). This means businesses should not sell or distribute this information to third parties for marketing purposes.

Vendors and Business Operations: While distributing information for marketing is off the table, sharing data with vendors that assist in your business operations (like Volt) remains acceptable.

Here's an example template:

"No mobile information will be shared or sold to third parties/affiliates for marketing/promotional purposes. We do not express or imply to other companies or firms that you have given subscriber opt-in permission to someone other than {BUSINESS_NAME}. However, {BUSINESS_NAME} may disclose personal information that we collect or you provide as described in this Policy (i) to fulfill the purpose for which you provide your information; (ii) for any other purpose disclosed by {BUSINESS_NAME} when you provide us your information; (iii) to protect the rights of {BUSINESS_NAME} and/or any third parties; (iv) to third-party service providers who assist us in operating this Website, conducting our business, or serving our users, so long as such information is kept confidential; (v) to comply with any court order, law, legal process, and/or government or regulatory request; (vi) as part of a liquidation or bankruptcy proceeding, to a buyer or other successor in the event of a merger, reorganization, dissolution, or divestiture of some or all of {BUSINESS_NAME}’s assets. We use the information that we collect about you through your interaction with this Website as well as information that you provide to us, including personal information. This information is used (i) to present the contents of this Website to you; (ii) to deliver services that you have requested; (iii) to determine whether to extend an offer; (iv) to communicate with you via telephone, email, postal mail, and/or text message from us; (v) to display advertising tailored to your interests or background; (vi) perform data and statistical analysis from your use of this Website; (vii) enforce our Terms and Condition; and (viii) to perform any other functions otherwise described to you when you provide us with your information."

10DLC compliance is not just a regulatory requirement but a step towards transparent and ethical communication with your users. By following the guidelines mentioned above, you can ensure that your website is compliant, building trust with your users and avoiding potential regulatory pitfalls.