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What compliance or disclaimer language do I legally need?

Last Updated: Feb 22, 2018 01:46PM PST

Unlike other forms of communication that the nonprofit may use to deliver information (email, direct mail, or telemarketing), text messaging requires an opt-in process. This means that organizations are not allowed to send text messages to anyone that has not opted-in to receive text messages from the non-profit.

The different ways that people can opt-in are:

  1. Entering their phone number into a mobile messaging web widget. To set up a Subscription widget, click here.
  2. Texting a keyword to the organization:
    1. Donation/Engagements: Shortcode 41444 or 91999
    2. SMS Subscription: Shortcode 51555. To set up a Subscription keyword, click here.
    3. Crowdfunding and Peer-to-Peer Fundraising: Shortcode 71777. To set up a Crowdfunding campaign, click here.
  3. Consenting to receive text messages from the non-profit on a written registration form.
 Language is not standardized but the non-profit must state the intended message frequency, clarify that only text messages will be sent, and “Message & data rates may apply.” The non-profit can then upload those phone numbers in their account to a mobile messaging list. For more on uploading a list of supporters, click here.
NOTE: All outbound mobile messages always automatically include "Reply HELP for help" or "Text STOP to stop" or "Text STOP to unsubscribe".
 

Text to Donate and Crowdfunding Compliance

The non-profit will need to explain the process of making a mobile pledge to their donors. Include language that lets them know that they will receive follow-up texts if they don't complete their donation right away. Explaining this will eliminate confusion about the donation being billed to their mobile phone bill and will help in improved fulfillment rates.

Also, keep in mind that the non-profit is able to send a custom reply message to each person who pledges as well as a mobile messaging invitation message, but those are
 the only outbound messages allowed to be sent to mobile pledgers. The compliance language necessary for the mobile messaging invitation message is already included and for the custom reply message, no
 compliance language is necessary.

Text to Donate and Crowdfunding Compliance Language for All Advertisements

There are not many guidelines for compliance around Mobile Pledging and Volunteer Fundraiser but in all advertisements, please include the following:
  • “Message and data rates may apply.”
  • “Terms: igfn.org/t
  • “Text STOP to <SHORTCODE> to stop. Text HELP to <SHORTCODE> for help.”
  • *Frequency of the messaging.
  • A clear explanation of the program. 
  • *STOP and HELP instructions must appear in bold lettering

Mobile Messaging Compliance Language for All Advertisements

Anywhere that messaging programs are advertised, the following language is required to be immediately visible/audible to the potential donor: 
  • “Message and data rates may apply.”
  • “Terms: igfn.org/t”
  • “Text STOP to <SHORTCODE> to stop. Text HELP to <SHORTCODE> for help.”
  • *Frequency of the messaging.
  • A clear explanation of the program. 
  • *STOP and HELP instructions must appear in bold lettering
For more information about compliance, click here
 

 

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