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Marketing SMS Disclaimer Examples
Marketing SMS disclaimers are legally required under the Telephone Consumer Protection Act (TCPA) and CTIA guidelines. These templates cover standard promotional messages, loyalty programs, flash sales, and industry-specific marketing texts. Each includes the mandatory opt-out and disclosure language.
5 Marketing SMS Disclaimer Examples
Disclaimers for promotional and marketing text messages.
Standard SMS Marketing Disclaimer
Best for: general SMS marketing campaigns
Promotional SMS with Offer Details
Best for: promotional SMS campaigns with defined message frequency
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Flash Sale SMS Disclaimer
Best for: time-sensitive promotional messages and flash sales
Loyalty Program SMS Disclaimer
Best for: retail loyalty programs and membership-based SMS
Real Estate Marketing SMS
Best for: real estate agents and property listing alert services
Frequently Asked Questions
What must a marketing SMS disclaimer include?+
Under TCPA and CTIA guidelines, marketing SMS messages must include: identification of the business sending the message, disclosure that message and data rates may apply, opt-out instructions (typically Reply STOP), help instructions (Reply HELP), and message frequency disclosure. The initial opt-in message must also state that consent is not a condition of purchase.
What are the penalties for non-compliant marketing SMS?+
TCPA violations can result in statutory damages of $500 per unsolicited text message, increasing to $1,500 per message for willful violations. Class action lawsuits are common and can result in settlements of millions of dollars. The FCC can also impose fines. Individual state consumer protection laws may add additional penalties. TCPA compliance is not optional for SMS marketing.
How often can I send marketing text messages?+
There is no specific legal limit on frequency, but CTIA guidelines require you to disclose the expected message frequency to subscribers. Best practice is to state a specific number (e.g., 'up to 8 msgs/month') and not exceed it. Excessive messaging can lead to carrier filtering, higher opt-out rates, and potential TCPA complaints. Most successful SMS programs send 4-8 messages per month.