1. SMS DISCLAIMER OPT IN/OPT OUT

• Two-way conversation between company and customer, initiated/requested by the customer. (Internal texting also falls under this category.) Examples below: 

  • Texting will be used by representatives to provide customer support when asked.

  • Messaging will be used to answer consumer concerns about products and services.

  • Texting will be used internally and externally for more casual conversation. While typically initiated by the customer, employees may initiate for circumstantial reasons if given permission by the customer.

• Consumers can opt-in over the phone or in person. To collect consent verbally, you’ll need a tracking system to show how and when they provided consent. 

• Example: Consent and the number will be obtained virtually. Support representatives will ask the customer if they would like to opt in for updates. Their verbiage includes the following script: “Would you like to receive text messages concerning any updates to your tracking information from ________? Frequency may vary, and message and data rates may apply. You can reply STOP to opt-out or call __________ for additional information. You can also find our privacy policy and terms of service on our website at ____________.”​

• SMS Disclaimers (e.g., message and data rates may apply) must be included with the opt-in form or when you first text a customer.

• Opt-out instructions and keywords need to be plainly visible.

• Use cases must be disclosed to the consumer.

• Help information and Terms and Privacy Policies need to be directly linked in the disclaimer.