The msg and data rates disclosure is a mandatory consumer notice appearing in SMS opt-in flows and promotional message campaigns across all A2P business texting programs. Its standard form—”Msg & data rates may apply”—communicates that the consumer’s mobile carrier may charge for sending or receiving the message depending on their plan. Understanding exactly where this disclosure must appear, what wording variations are accepted, and when it must be repeated in messages themselves prevents the compliance gaps that generate DCA rejections during TCR campaign registration review. The TCR 101 guide covers the full compliance framework; this article isolates the msg and data rates disclosure specifically.
The disclosure does not specify a cost because the charge—if any—is determined entirely by the recipient’s carrier plan. Unlimited SMS plans incur no charge. Per-message billing plans may incur a small charge per message received. By including the disclosure, the sending business fulfills its consumer notification obligation regardless of whether any charge actually applies to a given recipient.
Is Msg and Data Rates Disclosure Required by Law
The msg and data rates disclosure requirement derives from two overlapping regulatory frameworks. The FCC requires clear disclosure of any potential consumer costs in commercial communications. The CTIA’s messaging guidelines—adopted by AT&T, T-Mobile, and Verizon as their carrier compliance standard—require the disclosure in all promotional SMS opt-in flows. Neither framework specifies an exact phrase, but CTIA’s documented standard is the industry benchmark that DCA reviewers apply during TCR campaign registration verification.
The practical enforcement mechanism is TCR registration: DCA reviewers assess whether campaign sample messages and opt-in documentation contain required disclosure elements. The TCR / 10DLC / A2P FAQ covers the full carrier compliance framework. Campaigns whose sample messages omit all required disclosure elements—including the msg and data rates notice—may generate 8000-series rejection codes (sample message deficiency) during DCA review.
Msg and Data Rates Wording Variations Accepted
CTIA does not mandate a single precise phrase, but acceptable variations share common elements: they reference both message rates and data rates (or use “msg & data” as shorthand), they include “may apply” to indicate conditionality, and they are presented in plain language accessible to any consumer.
Accepted wording variations in widespread carrier-approved use:
“Msg & data rates may apply” — the canonical abbreviated form used in SMS messages where character count matters. This is the standard appearing in TCR sample message guidance and carrier documentation.
“Message and data rates may apply” — the full-phrase version preferred for website opt-in forms, email confirmations, and other contexts where character count is unconstrained.
“Standard message and data rates may apply” — acceptable; the word “standard” specifies that charges apply at the consumer’s normal carrier rate rather than a premium rate. Adds no additional compliance value.
“Msg and data rates may apply” — the written-out “and” in place of the ampersand is a stylistic variant; both are accepted.
What is not accepted: omitting “data rates” and using only “message rates may apply” (incomplete); using “fees may apply” without specifying message and data rates (insufficiently specific); embedding the disclosure only in a linked Terms of Service without displaying it in the opt-in flow (placement failure).
Msg and Data Rates Disclosure Where to Put It
The CTIA placement standard requires the msg and data rates disclosure to be visible to the consumer before they complete the opt-in action. For digital opt-in forms, this means the disclosure must appear within the consent statement on the form itself—not in a footer, not in a linked Terms page, and not in a post-submission confirmation email.
Compliant placement in a digital opt-in form: the disclosure appears in the same text block as the consent language, between the phone number input and the submit button, as part of the sentence or paragraph the consumer reads before clicking.
Example compliant block: “By submitting your number, you agree to receive promotional text messages from [Brand]. Message frequency varies. Msg & data rates may apply. Reply STOP to unsubscribe, HELP for help.”
The consent block, the disclosure, the opt-out instruction, and the HELP reference are all visible in one place before submission. A consumer who reads the consent block before clicking has received the disclosure.
For opt-in via SMS keyword (text JOIN to a number), the disclosure must appear in the immediate confirmation message sent after the consumer opts in: “Welcome to [Brand] texts! Msg & data rates may apply. [X] msgs/month. Reply STOP to stop, HELP for help.”
Msg and Data Rates Disclosure in SMS Messages
The disclosure must appear in the opt-in confirmation and in at least one message per promotional campaign series. It does not need to appear in every individual message within a campaign or in every transactional message sent post-opt-in. The practical standard:
For recurring promotional programs: include the disclosure in the opt-in confirmation and in the first message of any new campaign series. Including it in every message is common practice for high-volume programs but is not required.
For one-time promotional sends: include the disclosure in the message itself if no separate opt-in confirmation was sent (e.g., if the consumer opted in via a web form and the first message is the promotional offer itself).
For transactional messages (appointment reminders, shipping updates, account alerts): the disclosure requirement is most clearly satisfied in the opt-in confirmation. Repeating it in every transactional trigger message is not required but not harmful.
The msg and data rates disclosure tcr registration sample message connection: when you submit sample messages during TCR campaign registration, at least one sample should include the disclosure. DCA reviewers verify that sample messages reflect what actual subscribers receive, including required compliance language. A sample message set that contains no disclosure language raises a compliance flag.
Does Msg and Data Rates Apply to WiFi-Only Devices
The disclosure question for WiFi-only devices is an edge case that comes up in healthcare and education contexts where recipients may be contacted through tablets or iPads without cellular service. The msg and data rates disclosure applies based on the potential for charges on the receiving device—if the recipient has a cellular plan associated with their number, the disclosure applies regardless of whether they receive the specific message over WiFi. The disclosure is a preemptive consumer notice, not a statement about the specific transmission method used for any individual message.
Building a Complete SMS Opt-In Compliance Audit
The msg and data rates disclosure is one of six required elements in a CTIA-compliant opt-in consent statement. The complete set: business name, program description, message frequency statement, msg and data rates disclosure, opt-out instruction (STOP keyword), and HELP information. Missing any one element creates a compliance gap that DCA review can identify and that class action plaintiffs can exploit. The TCR Registration Checklist covers all six elements with field-level validation criteria. Full consent architecture guidance is in Consent Management Resources.
Validate your opt-in language—including msg and data rates disclosure placement, wording, and all surrounding required elements—through the SMS Consent Language Validator before deploying at scale or submitting sample messages in TCR campaign registration.
