When promoting a recurring SMS Marketing Program, it is the advertiser’s responsibility
to ensure that a clear and conspicuous disclosure of the program is provided and that
unambiguous consent was obtained from subscribers.

Within marketing materials, the Marketer must define the program, convey that one
doesn’t have to give consent to subscribe to purchase products or services, and include
the following terms and conditions:

  • Message and data rates may apply.
  • Consent isn’t required to purchase products/services.
  • Receive #/week/month
  • Reply Help for help.
  • Reply STOP to cancel.

SMS Terms and Conditions
Any Marketer running a recurring SMS Marketing Program will need to post terms and
conditions to their website as the URL must be used in the Optin message for meeting
compliance. Below is an example:

Text Mobi to 28766 to join Mobi alerts. Receive 4msgs/mo. Reply HELP for help. Reply
STOP to cancel. Msg & Data Rates May Apply. Consent isn’t required to buy goods and
services.


Service Description: Program Name Alerts is a recurring alerts SMS program that when
you subscribe you will receive marketing text messages such as coupons, event
notifications, product information or other promotional content.

Compatible carriers include: ACS Wireless, Alltel, Appalachian Wireless, AT&T, Bluegrass
Cellular, Boost, Cable Vision/Optimum Mobile, Carolina West, Cellcom, Cellsouth,
Cellular One of East Central Illinois, CellularONE SLO, Centennial Wireless, Chariton
Valley, Chinook, Cincinnati Bell Wireless, ClearTalk, Convey Wireless, Cox Wireless,
Cricket, Cross (Sporocket), Crossroads, Element Mobile, Epic Touch, GCI
Communications, Golden State, Hawkeye (Chat Mobility), Illinois Valley Cellular, Inland
Cellular, iWireless, Keystone Wireless,LongLines, MetroPCS, NEPA, MidTex, Next-Tech
Wireless, Nextel, nTelos, Panhandle Telecommunications, Pioneer, Plateau, Pocket,
Revol, Rina, Simmetry, SouthernLINC, Sprint, Telscape, Thumb Cellular, T-Mobile, Unicel,
Union Wireless, United, U.S. Cellular, Verizon Wireless, Viaero Wireless, Virgin Mobile and
West Central Wireless.

To discontinue receiving SMS messages from Mobi Alerts, reply STOP or MBI to 28766.
For additional help, reply HELP to 28766 or contact help@example.com or call (800)
5555555, option 3.

Company Name respects your right to privacy. Visit http://www.example.com/terms-of-
use to view our privacy policy.

Optin via a Mobile Device:
Example Print Advertisement Verbiage:
Text Mobi to 28766 to receive product, service, coupon, and event text marketing
messages from Mobi. Consent isn’t required to buy products or services. Message and
data rates may apply. Reply STOP to cancel. Reply HELP for help.

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Optin via Web Form Registration 

When a consumer subscribes to a recurring SMS Marketing program via a web form, the Marketer must below or above the field where the consumer enters  their mobile number: define the program, convey that one doesn’t have to give  consent to subscribe to purchase products or services and include the following terms  and conditions: 

  • Message and data rates may apply. 
  • Receive #/week/month 
  • Reply Help for help. 
  • Reply STOP to cancel. 

*Please ensure that the word STOP is in bold

Once the person enters their mobile number, a confirmation message is sent to the mobile number, requesting the person to confirm their optin by replying  with a designated keyword. Only when our system receives the confirmation reply with  the verification keyword is that consumer considered to be opted-in to the program. All  opt-ins & opt-out are dated stamped and stored digitally in a database. 

Optout 

A consumer may also at anytime reply STOP or the program’s designated opt-out  keyword to cancel or end their SMS program subscription. Every SMS message pushed  from Mobilozophy’s system will have the verbiage, Reply STOP to cancel, in the  message so that there is no ambiguity as to how the person terminates their  subscription. 

Existing Optin Database Consumers 

This should have been performed prior to October 16, 2013. If you did not send out a message  verifying their opt-in, then you can’t push any messages to those people until they subscribe to  the program again by texting a keyword and then verifying their optin. 

For marketers who have not been collecting written opt-ins previously, this means they  need to get their existing database consumers to re-opt-in to their programs with written  proof that the consumer has read and agreed to the TCPA disclaimer terms. A message  will be pushed to all existing database consumers such as the example below:

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The above processes ensure that a consumer has expressly given their permission to  receive SMS messages from a Marketer and provides clear and conspicuous disclosure  as to the details of the program.