A2P Opt-In Privacy Policy and Terms Requirements for Sparkforge

A2P 10DLC SMS registration requires a publicly accessible terms of service page and privacy policy with specific language. Carriers (especially T-Mobile) reject brands missing this content and fine senders for violations after launch.

Terms of service requirements

Your terms page must include:

• Program name and description — your SMS program name and the kinds of messages users can expect.
• Opt-out instructions — text STOP to the shortcode.
• Rejoin instructions — how to opt back in.
• Help instructions — text HELP or contact support.
• Carrier liability disclaimer — carriers aren't liable for delayed or undelivered messages.
• Message and data rates disclaimer.
• Privacy policy link.
• Industry standards compliance statement.
• Legal compliance note.

Sample template

{Program Name}

{Insert program description: types of messages users can expect after opting in.}

You can cancel the SMS service at any time. Text "STOP" to the shortcode. We will confirm your unsubscribe via SMS, after which you'll receive no further messages. To rejoin, sign up the same way you did initially.

For help, reply HELP or contact {support email or toll-free number}.

Carriers are not liable for delayed or undelivered messages.

Message and data rates may apply. Message frequency varies. Contact your wireless provider for details on your text or data plan.

Privacy policy: {link}.

Program Name for these terms means the legal business name running the SMS program.

Privacy policy requirements

Generate a privacy policy with a tool like Termly or Rocket Lawyer, then add the SMS-specific language. Required statements:

• No mobile information will be shared with third parties or affiliates for marketing or promotional purposes.
• Text messaging originator opt-in data and consent will not be shared with any third parties, except aggregators and providers of the text messaging service.

If your policy mentions sharing personal information

Add this disclaimer in the "How do we share your information" section:

All the above categories exclude text messaging originator opt-in data and consent; this information will not be shared with any third parties, excluding aggregators and providers of the Text Message services.

Required paragraph

No mobile information will be shared with third parties/affiliates for marketing/promotional purposes. Information sharing to subcontractors in support services, such as customer service is permitted. All other use case categories exclude text messaging originator opt-in data and consent; this information will not be shared with any third parties.

Audit your existing policy

1. Find these keywords: share, disclose, sell, affiliate, third-party.
2. Check context — does the sentence allow sharing or selling lead information?
3. Remove or rewrite any text that says lead info is shared or sold.
4. Confirm the policy clearly states you don't share or sell lead information.

Industry standards for US short codes

Short code campaigns must follow CTIA's Short Code Monitoring Handbook. Your mobile terms of service must include support contact info, complete opt-out instructions in bold, recurring message disclosure (where applicable), product description, and program name. Sweepstakes and contests have additional requirements.

Beyond CTIA standards, additional state and federal requirements may apply. Run your final terms and privacy policy past your own legal counsel.

T-Mobile Sev-0 fines (effective Feb 15, 2024)

T-Mobile fines senders for prohibited content across SMS/MMS short code, toll-free, and 10DLC. Sparkforge passes these fines through to the responsible sub-account.

Excessive violations can result in permanent suspension from the T-Mobile network.