How to opt in and opt out your customers from SMS campaigns

1. HOW TO OPT IN
SMS SUBSCRIBERS
L E G A L L Y

2. You don’t want to be him.
Learn and follow the
SMS Opt In & Opt Out Rules
I have NEVER signed
up to receive TEXT
alerts from you. Why
are you sending
unsolicited message?
How do I stop it?

3. Definition of an
Unsolicited Message
★ Messages delivered without
prior express written consent
from the user or account
holder, and
★ Messages sent after a user has
OPT OUT

4. What are the penalties
for sending unsolicited
messages?
$500 TO $1,500 PER
unsolicited message and
potential damage may escalate very
quickly to a large class action lawsuit

5. In the news…
Google's Settles SMS Spam Lawsuit
For $6 Million
Papa John’s faces a $250 million class-action
lawsuit for blasting customers with
unsolicited text messages
The Coca-Cola Company SMS
Spam Class Action Lawsuit
Steve Madden $10 Million class action
settlement
Heartland Automotive (a large Jiffy Lube
franchisee) settles a spam text message class
action for $50 million
Settled for
$16.5 million
and more….

6. Compliance Framework
CTIA requires all
shortcode (commercial
SMS gateway) programs
to comply with a basic code of
conduct that promotes the best
possible user experience for
all SMS program types.
Industry Regulator and an auditor for SMS programs

7. HOW TO BUILD
A FOOL PROOF
OPT-IN SYSTEM

8. The OPT IN for shortcode
text programs must comply
with all legal and
regulatory requirements.
Telephone Consumer Protection Act
Federal Communication Commission
OPTIN Rules and
Regulations

9. Rules and
Regulations
All disclosures present in
Calls-to-Action,
Advertisements, Terms &
Conditions, and Messaging
must be consistent, accurate
and clear throughout the
user experience
OPTIN

10. OPTIN
By opting in, the user
authorizes the SMS
content provider to
deliver SMS to the
user,using a shortcode
Required
Disclosures
And

11. OPTIN
The user is not required to
Opt In as a condition of
purchasing any properties,
goods, or services.
Required
Disclosures

12. OPTIN
All OPT IN & OPT OUT requests
should be retained from the
time a user initiates OPT IN
until a minimum of six months
after the user has opted out
of a program.
Record
Keeping

13. OPTIN
Single-Message Programs
deliver a one-time message
in response to user OPT IN
requests.
Single-Message
Programs

14. OPTIN
• Informational alert
• Purchase receipt
• Delivery notifications
• Two-factor authentication
Examples
Single-Message Programs

15. OPTIN Quick Reference
Requirements Description
Call to Action
• Text service description
• Complete T’s & C’s or a link to T’s & C’s
• Complete privacy policy or link to privacy policy
• “Message & data rates apply” disclosure
Clear and simple disclosure to ensure a
consumer consents to receive a message
from the sender and understands the nature
of the program
Terms and
Conditions
• Text program identification
• Text service description
• Customer service contact information
• “Message & data rates apply” disclosure
Comprehensive terms and conditions
beneath the Call-to-Action, or must be
accessible from a link or a popup presented
near the Call-to-Action
Opt-In • Consumer’s affirmative opt-in
The consumer must actively opt in to single
message program
Message Flow
CONFIRMATION MT
• Program or product name
HELP MT
• Program or product Name
• Customer care contact information
OPT OUT MT
• Program or product name
• Confirmation that no further messages will be
delivered
Single Message programs are not required to
display HELP and STOP keywords, however
must support HELP and STOP commands
Single-Message Programs

16. Googlehttp://domain.com
Call to Action Pop Up
OPTIN Program Example
Single-Message Programs
Text special to 12345 for 25% off
on your next purchase
Message & Data Rates Apply.
My Fav Shop
MFS
Terms & Conditions Privacy Policy
Confirmation Message
My Fav Shop: Use coupon code SFEF
at the register for 25% off your purchase
HELP Response
Thank you for texting My Fav Shop.
For info call 1-800-555-1212
Opt Out Message
You are not subscribed to any My Fav Shop
subscription services. You will receive
no more message.
Flyer, Pop-up, etc.
Call-to-Action

17. OPTIN Program Example
Single-Message Programs
Googlehttp://domain.com
Call to Action Web Page
Enter your mobile number to confirm
your passcode reset.
Message & Data Rates Apply.
Passcode Reset Request Processed
Terms & Conditions Privacy Policy
Confirmation Message
Passcode reset: Your passcode is 2345.
Enter it online to reset your password.
HELP Response
You have reset your password. Enter your
passcode to confirm reset. For help
call 1-800-555-1212 for Passcode reset.
Opt Out Message
Passcode reset: You will receive
no more messages from shortcode 12345
Website
You will receive one message with a passcode.
Enter
Call-to-Action

18. OPTIN Recurring-Message
Programs
Recurring-Message
Programs deliver
multiple frequent
messages in response to
user OPT IN requests.

19. OPTIN
• Content or information
alert subscription (e.g.,
horoscopes, news, weather)
• Flight status
notifications (multiple
messages)
• Marketing and loyalty
campaigns
Examples
Recurring-Message Programs

20. OPTIN Quick Reference
Requirements Description
Call to Action
• Text service description
• Service delivery frequency
• Complete T’s & C’s or a link to T’s & C’s
• Complete privacy policy or link to privacy policy
• “Message & data rates apply” disclosure
Clear comprehensive disclosure to ensure a
consumer consents to receive a message
from the sender and understands the nature
of the program
Terms and
Conditions
• Text program identification
• Service delivery frequency
• Text service description
• Customer service contact information
• Opt Out instructions in bold type
• “Message & data rates apply” disclosure
Comprehensive terms and conditions
beneath the Call-to-Action, or must be
accessible from a link or a popup presented
near the Call-to-Action
Opt-In
• Consumer’s affirmative opt-in
• Handset verification for non-mobile Opt In (i.e.,
MO from consumer’s handset)
Recurring-messages programs should send
two messages for all non-mobile opt-ins.
Recurring-Message Programs

21. OPTIN Quick Reference
Requirements Description
Message Flow
OPT IN MT (non mobile Opt In)
• Program or product name
• HELP information
• Response command or PIN
CONFIRMATION MT
• Program or product name
• Opt Out information
• Customer care contact information
• Frequency or recurring messages disclosure
• “Message & data rates apply” disclosure
HELP MT
• Program or product name
• Customer care contact information
OPT OUT MT
• Program or product name
• Confirmation that no further messages will be
delivered
Recurring Message programs must advertise
HELP and STOP keyword commands, They
also have the most requirements for service
messaging.
Recurring-Message Programs Cont.

22. Googlehttp://domain.com
Call to Action Pop Up
OPTIN Program Example
Recurring-Message Programs
Text VIP to 12345 for a weekly
members only discounts.
Message & Data Rates Apply.
My Fav Shop
MFS
Terms & Conditions Privacy Policy
Confirmation Message
My Fav Shop VIP weekly special alerts. Reply STOP
to cancel at any time. For help call 1-800-55-1212
or reply HELP. Msg&data rates apply
HELP Response
My Fav Shop VIP weekly special alerts.
Contact us at 1-800-555-1212 or visit
www.mydomain.com
Opt Out Message
You have opt out of My Fav Shop VIP alerts.
You will receive no more messages from
shortcode 12345
Website
Subscribe to VIP Member Alerts!
Call-to-Action

23. 0:00 / 4:59
OPTIN Program Example
Recurring-Message Programs
Text VIP to 12345 for a weekly discounts.
Message & Data Rates Apply.
Go to www.domain.com/terms for Terms & Conditions and Privacy
My Fav Shop
MFS
Confirmation Message
My Fav Shop VIP weekly discount alerts. Reply STOP
to Opt Out. For help call 1-800-55-1212
or reply HELP. Msg&data rates apply
HELP Response
My Fav Shop VIP weekly special alerts.
Contact us at 1-800-555-1212 or email
us at support@domain.com
Opt Out Message
You have opt out of My Fav Shop VIP alerts.
You will receive no more messages from
shortcode 12345
Video Ad
Subscribe to VIP Member Discounts!
Call-to-Action

24. OPTIN Program Example
Recurring-Message Programs
Confirmation Message
My Fav Shop VIP weekly discount alerts. Reply STOP
to Opt Out. For help call 1-800-55-1212
or reply HELP. Msg&data rates apply
HELP Response
My Fav Shop VIP weekly special alerts.
Contact us at 1-800-555-1212 or email
us at support@domain.com
Opt Out Message
You have opt out of My Fav Shop VIP alerts.
You will receive no more messages from
shortcode 12345
Point-of-Sale
Program T’s & C’s and
Privacy available from
the representative.
Opt In Message
My Fav Shop VIP weekly discount alerts. Reply YES
to confirm your Opt In to receive weekly alerts.
or reply HELP. Msg&data rates apply
Do you want to sign up for our VIP text
alert program? We’ll send an Opt In
message to your phone. Message and
data rates apply. You can stop anytime
by replying STOP.
Sure, my mobile number is
1-214-555-1212

25. OPTIN Other Programs
Quick Requirement Guide
Machine-to-Machine (M2M) Programs
M2M Programs only need keep an updated program brief
on file with the CSCA and the wireless carriers
Free-to-end-user (FTEU) Programs
Subject to same requirement as standard one-off and
recurring messages, except disclosing that “message
and data rates apply”.

26. OPTIN Other Programs
Quick Requirement Guide
Charitable Donation Programs
Subject to additional regulations, visit http://
goo.gl/7OkYxn. Conform to Premium SMS guideline.
Political Donation Programs
Subject to additional regulations, visit http://
goo.gl/oVYY8m. Conform to Premium SMS guideline.

27. HOW TO BUILD
A FOOL PROOF
OPT-OUT SYSTEM

28. Text programs must
always acknowledge and
respect customers’
request to OPT OUT
of programs.
OPTOUT Rules and
Regulations

29. Shortcode programs must
respond to the universal
keywords:
OPTOUT Rules and
Regulations
by sending an OPT OUT
confirmation message.
STOP END
CANCEL UNSUBSCRIBE QUIT

30. Service providers must scan
MO (inbound) message logs
regularly to identify Opt Out
attempts and terminate the
subscription, regardless of
whether the subscribers used
the correct OPT OUT keywords.
OPTOUT Rules and
Regulations
REMOVE OPT OUT UNSUB
Idin’tsingup

31. OPT OUT information must
be displayed in bold
type on the Call-to-
Action advertisement.
OPTOUT Rules and
Regulations
Reply STOP to cancel. For help, reply HELP.

32. OPTOUT
Opt Out Example
Mobile Opt Out
STOP
You have opt out of My Fav
Shop VIP alerts. You will
receive no more messages
from shortcode 12345
Customer
Service Opt Out
Please STOP sending
me text alerts.
Your number has been
removed from our alert
system. You will receive no
more messages from
shortcode 12345

33. OPTOUT
Opt Out Example
Web Opt Out eMail Opt Out
Googlehttp://domain.com
Call to Action Web Page
Enter your mobile number to Opt Out
Message & Data Rates Apply.
OPT OUT
Terms & Conditions Privacy Policy
You will receive one message with an Opt Out Confirmation.
Enter
It is a good practice to process these immediately

34. HELP HELP Request
Text programs must ALWAYS respond
to customer care requests
At a minimum, the HELP keyword
must return the text program name
and further information about how
to contact service providers
HELP and INFO
Inbound
Keyword

35. HELP Customer Care
Customer care contact
information must be clear and
readily available to help users
understand the text program
details as well as their status
with the program.

36. HELP Customer Care
Options
• Toll free number
• Live service rep
• Message recording
• 24-48 hour response time
• Support eMail
• 24-48 hour response time

37. PRIVACY
Privacy Policy
• Privacy policy must be
accessible from the
initial Call-to-Action
• Privacy policy link must
be labeled clearly

38. T’s&C’s Terms &
Conditions
Terms and Conditions
disclosure must provide
up-to-date, accurate
information about program
details and functionality

39. CONTENT Text Program
Content
• All content associated with
a shortcode text program
must be approved by all
wireless operators
• accurate records must be
maintained in wireless
operator systems and the
CSCA registry
and

40. HOW TO BUILD A
FOOL PROOF SMS
CAMPAIGN
L E T ’ S R E F R E S H
O U R M E M O R Y O N …

41. 1
Describe the
SMS program
CLEARLY
I hereby consent to receive 2SMS BENEFITS text alert
messages from or on behalf of 2sms at the mobile number
provided above. I understand that consent is not a
condition of purchase. Message and data rates apply. Message
frequency 4 per month. For help and opt out instruction
visit www.2sms.com/campaign or contact us at
877-276-7266.

42. 2
Provide the
name of the
SENDER
I hereby consent to receive 2SMS BENEFITS text
alert messages from 2SMS LLC or on behalf of 2SMS
at the mobile number provided above. I understand that
consent is not a condition of purchase. Message and data
rates apply. Message frequency 4 per month. For help and
opt out instruction visit www.2sms.com/campaign or
contact us at 877-276-7266.

43. 3
Do Not
PRE-CHECK the box
when using form or
website
I hereby consent to receive APPOINTMENT REMINDER text alert messages
from ABC COMPANY or on behalf of 2sms at the mobile number provided above.
I understand that consent is not a condition of purchase. Message and data rates apply.
Message frequency 4 per month. For help and opt out instruction visit www.
2sms.com/campaign or contact us at 877-276-7266.
X

44. 4Indicate
FREQUENCY
of SMS you will
be sending
I hereby consent to receive 2SMS BENEFITS text
alert messages from 2SMS LLC or on behalf of 2SMS
at the mobile number provided above. I understand that
consent is not a condition of purchase. Message and data
rates apply. Message frequency 4 per month. For
help and opt out instruction visit www.2sms.com/
campaign or contact us at 877-276-7266.

45. 5Disclose additional
wireless carrier
messaging
COST
I hereby consent to receive 2SMS BENEFITS text
alert messages from 2SMS LLC or on behalf of 2SMS
at the mobile number provided above. I understand that
consent is not a condition of purchase. Message and
data rates apply. Message frequency 4 per month. For
help and opt out instruction visit www.2sms.com/
campaign or contact us at 877-276-7266.

46. 6Provide how to
OPT-OUT
instruction
Alternate Opt-out words:
Quit, Stop, Cancel, Unsubscribe, Remove, End
I hereby consent to receive 2SMS BENEFITS text
alert messages from 2SMS LLC or on behalf of 2SMS
at the mobile number provided above. I understand that
consent is not a condition of purchase. Message and data
rates apply. Message frequency 4 per month. For help and
opt out instruction visit www.2sms.com/
campaign or contact us at 877-276-7266.

47. 7
Provide how
to get HELP
I hereby consent to receive 2SMS BENEFITS text
alert messages from 2SMS LLC or on behalf of 2SMS
at the mobile number provided above. I understand that
consent is not a condition of purchase. Message and data
rates apply. Message frequency 4 per month. For help
and opt out instruction visit www.2sms.com/
campaign or contact us at 877-276-7266.

48. RECAP
Don’t do this!
If you are not 100%
clear on Opt In and
Opt Out rules and
regulations………

49. RECAP
Do this!
Consult an industry
expert and educate
yourself before
implementing your SMS
campaign.

50. Resources
• Mobile Marketing Association
(MMA)
• CTIA The Wireless Association
• Telephone Consumer Protection
Act (TCPA)
• Federal Communication
Commission
• US & Canada Wireless Carriers

51. Warning
The guideline for shortcode programs
evolve continually and the wireless
operators change their rules without
notice.
It is your responsibility to reduce
your risk by educating yourself and
seek an industry expert to guide
your SMS campaigns.

52. GET MORE HELP
FROM VICTORIA & NATHAN
support-us@2sms.com
http://www.2sms.com
1-877-276-7266

53. –Victoria Roberts
2sms is an enterprise SMS application provider. We
help great companies navigate the SMS industry and
integrate SMS into their existing communication
system to engage people and then turn that
engagement into revenue.