SMS programs must clearly explain how customers consent to messages, how they can opt out, and how their information is handled. Your Terms of Service and Privacy Policy should be publicly available, accurate, and consistent with your actual messaging practices.

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Terms of Service Requirements

Your SMS Terms of Service should explain the messaging program and give recipients clear instructions for managing their subscription.

Include:

  • Program name and description: Identify the business and describe the messages customers may receive.

  • Opt-out instructions: Explain that recipients can reply STOP to unsubscribe.

  • Rejoining instructions: Explain how customers can subscribe again after opting out.

  • Help instructions: Tell recipients to reply HELP or provide a support email or phone number.

  • Carrier disclaimer: State that wireless carriers are not responsible for delayed or undelivered messages.

  • Message and data rates: Disclose that message and data rates may apply.

  • Message frequency: Explain that message frequency may vary.

  • Privacy Policy: Link to the current Privacy Policy.

  • Compliance statement: Confirm that the program follows applicable messaging requirements and laws.


Example SMS Terms

{Program Name}

By subscribing, you may receive {brief description of message types}.

You can cancel at any time by replying STOP. After you opt out, you will receive a confirmation message and will no longer receive SMS messages unless you subscribe again.

For assistance, reply HELP or contact us at {support email or phone number}.

Message frequency varies. Message and data rates may apply. Carriers are not liable for delayed or undelivered messages.

Review our Privacy Policy at {Privacy Policy URL}.

Privacy Policy Requirements

Your Privacy Policy should clearly explain how mobile information and SMS consent data are protected. Messaging consent should not be sold or shared for unrelated marketing purposes.

Your policy should state that:

  • Mobile information will not be shared with third parties or affiliates for marketing or promotional purposes.
  • SMS opt-in data and consent will not be shared with third parties except service providers that support message delivery.
  • Any broader data-sharing language excludes SMS opt-in information and consent.
  • The Privacy Policy URL is publicly accessible and working.

A recommended disclosure is:

No mobile information will be shared with third parties or affiliates for marketing or promotional purposes. Information may be shared with service providers that support services such as customer care or message delivery. SMS opt-in data and consent will not be shared with third parties for unrelated purposes.


Review Existing Privacy Language

Privacy policies often contain broad data-sharing language that can conflict with messaging requirements. Review the policy carefully before submitting a messaging registration.

Check for terms such as:

  • Share

  • Sell

  • Affiliate

  • Third party

  • Disclose

If these terms indicate that SMS consent or mobile information may be sold or shared for marketing, revise the language so your policy accurately reflects compliant practices.


Short Code Terms of Service Requirements

Short code messaging programs should have a publicly accessible mobile Terms of Service page that clearly identifies the program and explains how recipients can control their participation.

At minimum, include:

  • Program or brand name

  • Program description

  • Customer support information

  • Clear opt-out instructions

  • Recurring message disclosure, when applicable

  • Message and data rate disclosure

  • Privacy Policy link

Additional requirements may apply based on the campaign type, industry, or applicable law.


Prohibited Messaging and Carrier Fines

Carriers may impose penalties when commercial SMS or MMS traffic contains prohibited, deceptive, illegal, or otherwise non-compliant content.

Violations can result in:

  • Immediate message blocking

  • Campaign suspension

  • Loss of messaging access

  • Carrier-imposed fines

  • Additional compliance review

Examples of high-risk violations include:

  • Phishing or social engineering

  • Illegal products or services

  • Deceptive marketing

  • Restricted adult or age-sensitive content without required safeguards

  • Other prohibited messaging categories

Carrier policies and penalties can change, so businesses should review current requirements before launching or modifying a messaging program.


Best Practices

A compliant SMS program should make consent easy to understand and easy to revoke.

  • Use clear, standalone SMS consent language.

  • Do not make messaging consent a hidden condition of unrelated services.

  • Keep Terms of Service and Privacy Policy pages publicly accessible.

  • Keep messaging disclosures consistent across forms, websites, and registration submissions.

  • Honor opt-out requests promptly.

  • Review compliance language whenever your messaging use case changes.

  • Consult qualified legal counsel when you are uncertain about regulatory requirements.


Frequently Asked Questions

Q: Does my SMS program need both Terms of Service and a Privacy Policy?

Yes. Both documents help explain how the messaging program works and how customer information is handled.

Q: Can SMS consent be included only in the Privacy Policy?

No. SMS consent should be clearly presented where the customer opts in and should not rely solely on language buried inside a Privacy Policy or Terms of Service.

Q: Can mobile information be shared with other companies for marketing?

Mobile information and SMS consent data should not be shared with unrelated third parties or affiliates for marketing or promotional purposes.

Q: What opt-out language should I use?

A common instruction is Reply STOP to unsubscribe.

Q: Should message and data rates be disclosed?

Yes. Include language stating that message and data rates may apply.

Q: Are carrier fines possible for prohibited content?

Yes. Carriers may block traffic, suspend campaigns, or apply financial penalties for serious messaging violations.


Need Help?

If your SMS registration is rejected because of your Terms of Service, Privacy Policy, or consent language, review the public-facing pages before resubmitting.

Verify that:

  • The Terms of Service clearly identifies the SMS program.

  • STOP and HELP instructions are included.

  • Message frequency and message/data rate disclosures are present.

  • A working Privacy Policy URL is provided.

  • SMS consent is clearly described and collected separately.

  • The Privacy Policy does not permit SMS opt-in data to be sold or shared for unrelated marketing.

  • Your website, forms, sample messages, Terms of Service, and Privacy Policy all describe the same messaging use case.

  • Prohibited or misleading messaging content has been removed.

If the issue continues, collect the Terms of Service URL, Privacy Policy URL, opt-in form, sample messages, and rejection reason before contacting support.