TCR Requirements (Mandatory)
Effective 1/26/2023, texting platforms and all major Phone Carriers require you to register your number for A2P compliance. To be compliant, you must satisfy the below requirements. Failure to do so will result in a rejected campaign which means you cannot use Swivel Texting.
1. Privacy Policy
Your website must display a link to a publicly accessible privacy policy. The privacy policy must be separate from the Terms & Conditions and/or Terms of Service. It is recommended to have this link displayed on the footer of all website pages. When clicked, the Privacy Policy will state how you collect and use contact information. It must include:
A clear statement indicating the information obtained as part of the SMS consent process will not be shared with third parties. For example:
“No mobile opt-in or text message consent will be shared with third parties or affiliates for marketing purposes.”
“We do not sell, trade or share your personal information. The phone numbers collected for SMS consent will not be shared with third parties of affiliates for marketing purposes.”
A clear statement on how your consumer information is used, collected, and shared. For example:
Information We Collect
“We may collect the following types of information-Names, address, phone number, email address, and other information you provide during registration."
How We Use Your Information
“We use the collected information for the following purposes: to provide and manage our services, to send you related and requested information, to communicate with you, including responding to your questions and requests, and to send you updates, event and appointment reminders.
2. Terms & Conditions
Your website must display a link to a publicly accessible Terms and Conditions. This must be a separate link and cannot be housed within the Privacy Policy section. It is recommended to have this link displayed on the footer of all your website pages (next to the Privacy Policy link) that when clicked, states the minimum requirements from carriers. Below is a boilerplate of the minimum requirements that must be included in your Terms & Conditions:
{Program name}
1. {Insert program description here; this is simply a brief description of the kinds of messages users can expect to receive when they opt in.}
2. You can cancel the SMS service at any time. Just text "STOP" to the short code. After you send the SMS message "STOP" to us, we will send you an SMS message to confirm that you have been unsubscribed. After this, you will no longer receive SMS messages from us. If you want to join again, just sign up as you did the first time, and we will start sending SMS messages to you again.
3. If you are experiencing issues with the messaging program you can reply with the keyword HELP for more assistance, or you can get help directly at {support email address or toll-free number}.
4. Carriers are not liable for delayed or undelivered messages
5. As always, message and data rates may apply for any messages sent to you from us and to us from you. You will receive {message frequency}. If you have any questions about your text plan or data plan, it is best to contact your wireless provider.
6. If you have any questions regarding privacy, please read our privacy policy: {include your link to your privacy policy}
3. SMS Opt-In message
SMS Opt-In message prominently displayed any place a contact is asked to enter their name, email, and phone number
While your Privacy Policy and Terms of Service include opt-in language for SMS text messages, you must have a separate Opt-In statement clearly displayed on your website. The SMS Opt-in must be displayed on any form or widget on your website that allows users to enter their name, email, and phone number, typically placed on pages like landing page, pop-up or banner, social media pages, contact us forms, signup forms, seminar registration forms, etc.
This message must contain:
Your Brand (company name)
Message Frequency
This “Message and data rates may apply” disclosure
Clear instructions for HELP and STOP (opt-out)
The link to your Privacy Policy
The link to your Terms of Service
For example:
By submitting my information, I consent to receive SMS text messages including event and marketing information, customer care, and appointment reminder messages from {Insert your Business Name}. I understand that at any point I can reply STOP to opt-out of messages or reply HELP for support. Message & Data rates may apply; Messaging frequency may vary. Visit {link to your privacy policy} to see our privacy policy and {link to your terms of service} for our Terms of service.
Disclaimer: These instructions are for informational purposes only and do not constitute legal advice. It is recommended that an attorney review them to ensure accuracy and applicability to your situation. Use at your own risk.