Overview
It is now a requirement that all businesses sending text messages to contacts in the USA register their business and their use case for sending text messages. This registration is not exclusive to marketing campaigns, but all SMS & MMS communications from a business standpoint. This ensures that your messages are delivered to the intended recipients and increases trust and engagement with your company. We’re committed to helping you take steps to have your business registered right away, so you can get started texting faster.
Carriers and authorities overseeing the registration process levee fees for registering companies based on use cases and message velocity. We have simplified these costs as follows:
- One-time registration fee: $99
The registration process involves submitting a form available to administrators under “SMS Registration” in the upper-right dashboard menu. This form will ask for basic information about the business and the messages it intends to send across all text-enabled phone numbers. This guide will take you through each section of the SMS Registration Form:
- About Your Business
- Primary Contact
- Intended SMS Use
- Subscriber Opt-In, Help, and Opt-Out
- Special Use Cases
- Sample Messages
About Your Business
Here are some things to remember as you complete the business details section.
- The values you enter for the legal company name and tax ID number (EIN) must match the values on your tax registration document. If you have any doubts, we recommend double-checking your tax forms before filling out the registration.
- Provide the URL to the website that represents your business.
Primary Contact
Your primary contact is the person responsible for texting on this particular phone number. We’ll follow up with them should any questions arise during registration or in the future.
The phone number should be a North American US Mobile number capable of receiving SMS messages.
Intended SMS Use
Next, categorize the type of messages. Here are some guidelines on the type of messages that you might be sending:
Select a Use Case
- UCaaS Low Volume
These are messages which contain information that is necessary for your customers to use your product or service. These texts usually contain information that customers have requested and most businesses will fall under this use case. Think of the following:
- Order confirmations with tracking numbers
- Two-factor authentication
- Password resets
- Transactional messages
- Reservation confirmations (With prompt to reply Y/N to confirm)
Sample Message: Order number 31415 is on its way. Visit example.com/31415 to track your shipment.
- Marketing Messages
These are messages sent to increase sales, promote your product, or raise awareness about your business. Any text message that is intended to promote your organization is considered promotional, including the following:
- Coupons, discounts, and offers
- New product announcements
- Sweepstakes
- Fundraising requests
Sample Message: Thanks for shopping with us! Based on your purchase, we think you’d love this product: example.com/productrecommendation
Describe Typical Use
In this field, “Describe Typical Use,” describe the content your company will be sending via SMS from this phone number. What is the purpose of these messages?
Call-To-Action Messages
This is the method in which you plan to have your customers opt-in to your SMS campaign. Opt-in methods must occur before you text your customers for the first time. In this section, simply explain how you plan to have text recipients opt in. Your explanation should have a 40 character minimum.
Wherever you are acquiring phone numbers, the best option is to have a check-box that indicates that they would (or would not, if left unchecked) allow you to send text messages. This must be easily visible, right next to, above, or below the phone number field. Additionally, you should have a link, or instructions on how that individual can review your privacy policy listed above.
While you’re only required to list at least one place you collect Opt-in, we strongly recommend including all (and making sure they’re all compliant!).
The options to have customers opt-in are below, but for all consent approval options besides a website or form sign-up, you must provide additional details on how your organization communicates and receives consent.
Please provide an example that demonstrates the following:
- You are explicitly asking for consent
- You are informing the recipient that they can opt out by replying to STOP
- You are informing the recipient that they can get more information by replying to HELP
- You are informing the recipient that their data will not be sold or distributed to third parties
- You are informing the recipient that data rates may apply
- You are informing the recipient how and where they can review your privacy policy
There are six different ways that a recipient can give their consent via a call to action.
- Verbally with consent: The consumer provides verbal consent to opt-in and receive your messages.
- Entering a telephone number through a website: The consumer enters their phone number into a form on your website.
- Sample Language - By submitting your phone number, you allow (Company name) to send you text messages on their behalf.
- Initiating the text message exchange after obtaining the number from a public source: The consumer's number was freely provided from a public source.
- Signing up at a point-of-sale (POS) or other Message Sender on-site location: The consumer signs up to receive messages while using an on-site point-of-sale or Message Sender.
- Opting-in over the phone using interactive voice response (IVR) technology: The consumer opts into messages during an IVR interaction.
- Sending a message with an advertising keyword from their mobile device: The consumer opts in by sending a message to your company containing an advertising keyword.
Privacy Policy - Writing Your Own
Creating an SMS privacy policy that aligns with the requirements you've outlined is crucial for ensuring compliance and building trust with your customers. Here's a summary of the key elements you need to include in your SMS privacy policy:
Program/Service Description
- Detail the SMS program: Clearly describe what the SMS service entails, including the types of messages users can expect to receive (e.g., promotional offers, reminders, alerts).
- Frequency and timing: Specify when and how often users will receive messages.
Data Collection
- Personal Information: List the types of personal data you collect, such as name, phone number, and email address.
- Collection Methods: Explain how you collect this information, whether through forms, cookies, or other means.
Data Usage
- Purpose of Use: Clearly state how you intend to use the collected personal data (e.g., for sending SMS messages, or marketing purposes).
- Data Sharing: If applicable, explain if, why, and how personal data might be shared with third parties.
Data Security
- Protection Measures: Describe the measures you have in place to store, maintain, and protect personal information.
- Data Retention: Outline how long you will keep personal information and under what circumstances it will be deleted.
User Rights
- Access and Correction: Provide users with clear instructions on how they can access, verify, correct, or update their personal information.
- Opt-Out/Removal: Include information on how users can opt out of receiving SMS messages or request the removal of their personal information from your records.
Third-Party Sharing
- Disclosure: Clearly state if you share personal data with third parties, under what circumstances, and for what purposes.
- Third-Party Responsibilities: Ensure users are aware of the privacy practices of any third parties involved.
Legal Compliance
- Consultation: Mention that your policy may include additional components specific to your business and legal requirements, and advise users to consult legal professionals as needed.
It's essential to consult with a legal expert to tailor this policy to your specific business needs and ensure full compliance with applicable regulations, such as GDPR or CCPA, depending on your location and customer base.
Template for Private Policy
Please be aware that this document is a template and does not constitute a recommendation from VirtualPBX on how to draft your privacy policy. VirtualPBX is not responsible for any outcomes related to privacy policies for any company other than our own.
SMS Privacy Policy
(“Company,” “we,” “our,” or “us”) respects your privacy and is committed to protecting it through our compliance with this policy. This SMS Privacy Policy governs how we treat personal information collected and received from you in connection with your use of the SMS Service, which we make available through a third-party service provider. This SMS Privacy Policy is incorporated into our general Privacy Policy.
Please read this policy carefully to understand our policies and practices regarding your information and how we will treat it. By using the SMS Service, you agree to the terms of this Policy. This policy may change from time to time, and your continued use of the SMS Service constitutes acceptance of those changes.
Eligibility
You must be 18 years or older, or at least 13 years old with the express permission of a parent or guardian, to receive text messages from (Company Name).
Consent to Receive Text Messages
If you choose, you can provide your mobile phone number to receive text message alerts from (Company Name), such as product information, order notifications, or promotional offers. By providing your mobile phone number, you expressly consent to receive automated text messages from us at the number provided. Consent is not required to purchase goods or services. Standard message and data rates may apply, and you should check with your mobile carrier for applicable rates.
Message Delivery
Text messages are distributed via third-party mobile network providers. We cannot control certain factors related to message delivery. Depending on the mobile carrier, it may not always be possible to successfully transmit the text message to the recipient; nor is content available on all carriers. We do not guarantee the availability or performance of this service, including any liability for transmission delays or message failures.
Message Frequency
Message frequency may vary.
Opting Out
If you no longer wish to receive text message alerts regarding product registration, account creation, or marketing communications, you can opt-out by texting STOP to the SMS number used by (Company Name). Upon doing so, you will receive a confirmation message from (phone number), and no further text messages will be sent to you from (phone number) unless you choose to re-subscribe to our text messaging services.
Subscriber Opt-In, Help, and Opt-Out
Regardless of the type of messages, you are sending – informational or marketing – a critical aspect of compliant business texting is consent. Businesses can only text contacts that have provided their express consent. Express consent can never be assumed. For example, if a patient provides their number for verification purposes when scheduling an appointment, they’re not automatically consenting to future appointment reminders. Likewise, just because someone is your customer does not grant you the ability to send them weekly marketing messages. Common opt-in methods include:
- A website/signup form that includes a checkbox requesting their consent to send your particular use case’s messages (Ex: I consent to receive marketing text messages)
- Texting an opt-in keyword to your phone number (Ex: Text “welcome” to (phone number) to get updates about our weekly specials)
Please also provide the keyword and message for your customers to receive help.
As important as opting-in, is the ability to opt-out and no longer receive messages. This too, is required. VirtualPBX’s VirtualText App includes the following keyword-based opt-out by default, but you may add additional options within your account:
- Text “STOP” to opt-out of text messages from this number
Special Use Cases
Depending on how and why you’ll be messaging your customers, you may fall under a special use case. Filling out your answers here will help us determine how to correctly register your company and avoid common account flags at the mobile carrier level.
Sample Messages
Next, please provide samples of the messages that you’ll be sending.
That’s it! After you submit your SMS Registration, our team will review and process the information provided. You’ll be able to track the status of your registration through your dashboard and our team will reach out to you when registration has been approved, or if we need additional information.
- Use with entities to complete the task you’re assigned to complete with them, if applicable to laws
- Example: You’re a hiring agency, and you share their info with companies that would want to hire them