Mobile carriers (e.g., AT&T, T-Mobile) now mandate all businesses to register their texting number with 10DLC. Starting September 1, unregistered business texting numbers will face temporary suspension. Birdeye will facilitate outgoing text messages, automations, and auto-replies via a shared toll-free number, +18449090202, appending "Sent via Birdeye" to each text. Unregistered numbers won't have incoming text capabilities. Register your number promptly to avoid disruptions. Access your Birdeye dashboard and complete registration via the link on the top banner. For guidance, visit. For help, reach us at 1-800-561-3357 Ext. 3 or support@birdeye.com.

Texting laws in the US, including the TCPA (Telephone Consumer Protection Act) and guidelines set by the CTIA (Cellular Telecommunications Industry Association), exist to protect consumers and prevent spam. These laws emphasize the necessity of getting permission to text via an opt-in process and making opt-outs accessible where individuals can withdraw consent. This helps consumers control the type and frequency of text communications they receive.

Why are opt-in and opt-out processes necessary?

An opt-in refers to the process by which individuals voluntarily consent to receive certain communications or to participate in specific activities. It is commonly used in marketing and communication strategies.

An opt-out refers to the process by which individuals or users can choose to unsubscribe, withdraw their consent, or request to stop receiving certain communications or participating in specific activities. It is the opposite of an opt-in.

The inclusion of opt-in and opt-out processes that obtain explicit consent from recipients is necessary to obtain approval for 10 DLC (10 Digit Long Code), a framework introduced by the Federal Communications Commission (FCC) to regulate commercial SMS traffic and to address issues related to spam, unsolicited messages, and fraudulent activities over SMS. Getting your business registered with 10DLC ensures the deliverability of text messages. Learn more about 10DLC here. 

Furthermore, the TCPA may impose fines ranging between $500 to $1,500 on businesses that do not obtain proper opt-in consent, as the requirement is aimed at protecting consumers from spam and maintaining their privacy rights.
 

By incorporating clear and transparent opt-in language on your website and other marketing communications across email text, you demonstrate your commitment to compliance and respect for consumers' preferences. This approach increases the likelihood of your 10DLC registration being accepted while fostering trust and positive engagement with your audience.
 

Key Requirements for Texting Opt-Ins

Whether subscribing to newsletters, receiving campaign updates, or joining loyalty programs, opt-ins ensure that individuals willingly choose to engage with a brand. This permission-based approach fosters trust, reduces the likelihood of spam complaints, and helps businesses comply with legal regulations, creating meaningful and effective connections with their audience.

• Provide the option to close the form without subscribing: Ensure users can close the opt-in form or decline to subscribe without obligation.
• Leave the checkbox unchecked by default: Avoid pre-selecting the opt-in checkbox to ensure that users actively choose to subscribe.
• Tell people how often they can expect messages: Communicate the expected frequency of messages, such as daily, weekly, or monthly, to set appropriate expectations for subscribers.
• Include the required disclaimers and a link to your privacy policy: Ensure that the opt-in form includes any necessary legal disclaimers and provide a link to your privacy policy, informing users how their data will be handled.  
   

Opt-In Best Practices

• Obtain Agreement: Require individuals to give explicit consent before adding them to a mailing list, such as having them check a box to subscribe to a newsletter on a website.
• Keep a record: Maintaining a record of individuals' opt-in consent is important to demonstrate compliance with data protection regulations. This record should include details such as the date, time, and method of opt-in, as well as any accompanying information provided by the individual.
• Double opt-in: Implement a two-step process where individuals provide initial consent and confirm their intent to subscribe, typically by clicking a confirmation link in an email after signing up for a newsletter.
   

Opt-in Keywords & Messages

• Keyword: Please provide all keywords that allow users to opt-in to receive campaign messages. 
  Example: “JOIN,” "SUBSCRIBE," “YES”- Text "SUBSCRIBE" to opt-in to receive campaign messages.
• Message: If users opt-in to the campaign by texting in a keyword, please provide a response message including the brand, message frequency, opt-in confirmation, and information to opt-out. 
  Example: "Thank you for opting in to receive campaign messages from Brand X! You will now receive our updates and offers. Message frequency may vary, but we strive to send at most four messages per month. To confirm your opt-in, reply with 'CONFIRM.' To opt-out anytime, text 'STOP' or 'UNSUBSCRIBE.' Standard message and data rates may apply."

Note: The actual content of the response message may vary based on specific requirements, regulations, or the nature of the campaign.

What to Avoid with Opt-in Communications 

• Use case mismatch: Opt-ins that don't align with the intended use case or campaign description can confuse users and lead to disengagement.
• Missing business names: Sample messages without clearly indicating the business name can create uncertainty and make it difficult for recipients to identify the sender.
• Lack of opt-in language: Failing to include explicit opt-in language can result in ambiguity, leaving users uncertain about what they subscribe to.

To avoid these issues, ensure that opt-ins are tailored to the specific use case, include the business name in sample messages, and provide clear and transparent opt-in language that communicates the purpose and users' consent.

Key Requirements for Texting Opt-outs

Opt-outs allow recipients to unsubscribe or stop receiving text messages. Opt-outs prevent unwanted messages, spam, and privacy violations while demonstrating a commitment to consumer choice. By providing an easy and accessible opt-out mechanism, businesses foster trust, maintain positive relationships, and ensure responsible messaging practices.

• Clear and prominent opt-out instructions: Provide recipients with a straightforward and easily accessible method to opt out of receiving text messages.
• Immediate opt-out processing: Honor opt-out requests promptly, ensuring that recipients stop receiving text messages as soon as they opt-out.
• Simplified opt-out process: Make the opt-out process as simple as possible for recipients, avoiding unnecessary steps or requirements.
• Opt-out confirmation: Send a confirmation message to acknowledge the opt-out request and provide assurance that the recipient has been successfully unsubscribed.
   

Opt-Out Best Practices

• Initial Message: Include clear instructions such as "STOP" or "Unsubscribe" in the initial message to allow consumers to opt-out from receiving further communications.
  Example: "To stop receiving our updates, simply reply with the word 'STOP' or 'UNSUBSCRIBE.'"
• Ongoing: Allow consumers to opt-out at any time using a standard keyword.     Example: "You can opt out of our messages at any time by replying with 'STOP' or 'UNSUBSCRIBE.'"
• After Opt-out: One message to confirm: Send a confirmation message after the consumer has opted out and obtain their consent before re-engaging with future communications.
  Example: "You have been successfully unsubscribed. If you wish to re-engage with our messages in the future, please reply with 'YES' to provide your consent."

Note: These examples are for illustrative purposes, and the actual opt-out messages may vary based on specific requirements, regulations, or the nature of the communication.

Opt-out Keywords & Message

• Keywords: Please provide all keywords that prevent end users from receiving messaging from this campaign.
• Message: When end users send opt-out keywords, the response messages must include acknowledgment of the opt-out request, confirmation that no further messages will be sent, and brand name.  

Frequent issues when creating opt-outs

Missing opt-out language: Neglecting to include clear and easily accessible opt-out language can make it challenging for recipients to unsubscribe from communications.
To address this issue: 

• Ensure that opt-out language is prominently displayed and easy to find within your communication materials.
• Clearly state the opt-out process, such as providing a specific keyword or instruction.
• Include information about how users can opt out, such as by replying with "STOP" or “UNSUBSCRIBE.”

Opt-ins and opt-outs are paramount for respecting preferences, fostering trust, and maintaining positive brand relationships. Prioritizing these practices ensures personalized engagement and compliance, enhancing customer satisfaction in the digital era.

Other pointers to ensure 10 DLC and texting laws compliance

Other requirements to ensure compliance with 10 DLC and texting laws include:

• Keywords to request more information: Providing specific keywords for users to request more information about campaigns, such as “MORE.”
• Keywords that users can respond with to ask for help: "ISSUE," "FIX," "RESOLVE," or "INQUIRY."
• Business contact information: When users send a help keyword, businesses should respond with a message that includes the brand name, phone number, or email address for further assistance. For example, "Acme Corporation: Please visit www.acmecorporation.com for support. To opt out, reply STOP."

By implementing these measures, businesses can enhance user experience, maintain regulatory compliance, and foster effective communication with their audience.