An SMS disclaimer (also called a text message disclaimer) is the short disclosure shown wherever someone gives you their mobile number for texts. It tells them who will text them, what kind of messages they will get, how often, that message and data rates may apply, how to stop and get help, and where your terms and privacy policy are. A clear disclaimer is what makes consent provable, and it is one of the first things reviewers check when you register a 10DLC Campaign. MyTCRPlus is an independent 10DLC compliance diagnostic platform: it is not a CSP, does not send SMS, and this page is not legal advice.
Short answer: Put a disclaimer next to every opt-in. Include your brand name, the message type, frequency, "Msg & data rates may apply", "Reply STOP to cancel, HELP for help", and links to your terms and privacy policy. For marketing texts, also state that consent is not a condition of purchase and do not pre-check the box.
Why an SMS Disclaimer Matters
- TCPA consent. Marketing texts sent with regulated technology generally require prior express written consent. The written agreement must clearly authorize texts from your business to that number and disclose that consent is not a condition of purchase. A disclaimer next to the signature or checkbox is how most businesses meet that requirement. See express written consent for SMS.
- CTIA guidelines. Carriers expect calls to action to disclose the program, frequency, rates, opt-out and help, and link to terms and privacy. See CTIA guidelines.
- 10DLC review. Your Campaign's message flow must describe an opt-in reviewers can verify. A form without disclosure language is a common rejection reason; see A2P SMS denied.
Required Elements of a Text Message Disclaimer
| Element | Example wording | Why |
|---|---|---|
| Brand or program name | "Oak Dental" | Consumers must know who is texting |
| Message type | "appointment reminders and account updates" or "marketing offers" | Consent is purpose-specific |
| Frequency | "Up to 4 msgs/month" or "Msg frequency varies" | CTIA disclosure |
| Rates | "Msg & data rates may apply" | CTIA disclosure |
| Opt-out | "Reply STOP to cancel" | CTIA and TCPA opt-out |
| Help | "Reply HELP for help" | CTIA disclosure |
| Consent not required (marketing) | "Consent is not a condition of purchase" | TCPA written consent |
| Terms and privacy links | "Terms: oakdental.com/sms-terms Privacy: oakdental.com/privacy" | CTIA and 10DLC review |
SMS Disclaimer Examples by Opt-In Method
Website form checkbox (marketing)
☐ Yes, send me marketing texts from Oak Outfitters at the number above, including offers and new arrivals. Consent is not a condition of purchase. Up to 6 msgs/month. Msg & data rates may apply. Reply HELP for help, STOP to cancel. See our Terms and Privacy Policy.
The checkbox must be unchecked by default and separate from other agreements such as general terms acceptance.
Website form (informational only)
By providing your mobile number, you agree to receive appointment reminders and account updates from Oak Dental by text. Msg frequency varies. Msg & data rates may apply. Reply HELP for help, STOP to cancel. Terms | Privacy Policy
Checkout page
☐ Text me order and shipping updates from Oak Outfitters. Msg frequency varies. Msg & data rates may apply. Reply STOP to cancel, HELP for help. Terms | Privacy
☐ Also send me marketing texts. Consent is not a condition of purchase. Up to 6 msgs/month.
Separate checkboxes keep transactional and marketing consent distinct, which reviewers and the TCPA both expect.
Keyword opt-in (print, signage or ads)
Text JOIN to 555-555-0100 for Oak Outfitters deals. Up to 6 msgs/month. Msg & data rates may apply. Reply HELP for help, STOP to cancel. Terms & privacy: oakoutfitters.com/sms
Verbal opt-in script
"Can we text you appointment reminders and account updates at this number? Message frequency varies and message and data rates may apply. You can reply STOP at any time to cancel or HELP for help. Our terms and privacy policy are at oakdental.com/sms."
Record the response and log the date, time, agent and number. See how to document verbal consent.
Paper form
Mobile number: __ ☐ I agree to receive appointment reminders by text from Oak Dental. Msg frequency varies. Msg & data rates may apply. Reply STOP to cancel, HELP for help. Terms and privacy: oakdental.com/sms Signature: __ Date: ______
Email or website footer (pointer to the program)
Get text updates from Oak Outfitters: text JOIN to 555-555-0100. Msg & data rates may apply. Reply STOP to cancel. Terms: oakoutfitters.com/sms-terms
A footer like this advertises the program; the full disclosure still appears at the actual opt-in.
What Not to Do
- Pre-checked boxes. Consent must be an affirmative act.
- Bundled consent. Do not tie SMS consent to accepting general terms or making a purchase.
- Buried disclosure. Small grey text below the submit button or behind a link is hard to defend.
- Vague purpose. "We may contact you" does not tell the consumer they will receive texts or what kind.
- Missing brand. Disclaimers that only name a platform, not your business.
- Mismatched frequency. Promising "up to 4 msgs/month" and sending daily.
Where the Disclaimer Has to Match
Reviewers compare the disclaimer against other parts of your registration. Keep them consistent:
| Item | Must match the disclaimer |
|---|---|
| Campaign message flow | Describes the same form, keyword or script |
| Sample messages | Same brand, same message type |
| Opt-in confirmation | Repeats brand, frequency, rates, STOP and HELP |
| Terms page | Same program name, frequency and opt-out |
| Privacy policy | SMS section with non-sharing statement |
See SMS terms and conditions template and the 10DLC privacy policy template.
Opt-In Confirmation Message
Send this immediately after opt-in:
Oak Outfitters: You're subscribed to sale alerts. Up to 6 msgs/month. Msg & data rates may apply. Reply HELP for help, STOP to cancel.
Rate and Frequency Wording
"Msg & data rates may apply", "Message and data rates may apply" and "Standard messaging rates apply" are all used. Use one consistently. For frequency, state a maximum ("Up to 4 msgs/month") when you can, or "Msg frequency varies" when you cannot predict volume. See msg and data rates disclosure and message frequency disclosure.
Testing Your Disclaimer
Run your wording through the Consent Language Validator, which checks it against the elements of TCPA express written consent and carrier call-to-action expectations. Then screenshot the live opt-in page for your consent records and for your Campaign registration.
SMS Disclaimer Examples by Industry
Healthcare (reminders only):
By providing your mobile number, you agree to receive appointment reminders and visit instructions from Oak Family Clinic by text. We do not send medical records or test results by text. Msg frequency varies. Msg & data rates may apply. Reply HELP for help, STOP to cancel. Terms and Privacy Policy.
Keep protected health information out of text messages; see HIPAA SMS compliance.
Real estate (listing alerts):
☐ Text me new listings and open houses that match my search from Oak Realty. Consent is not a condition of purchase or of working with an agent. Up to 8 msgs/month. Msg & data rates may apply. Reply HELP for help, STOP to cancel. Terms and Privacy Policy.
See real estate SMS marketing.
Restaurants (offers and reservations):
☐ Send me reservation confirmations by text. ☐ Also send me Oak Bistro specials and events (up to 4 msgs/month). Consent to marketing is not a condition of purchase. Msg & data rates may apply. Reply HELP for help, STOP to cancel. Terms and Privacy Policy.
Financial services (account alerts):
I agree to receive account alerts and fraud notifications from Oak Credit Union by text at this number. We will never ask for your password or full account number by text. Msg frequency varies. Msg & data rates may apply. Reply HELP for help, STOP to cancel. Terms and Privacy Policy.
Home services (scheduling):
By requesting service, you agree to receive appointment confirmations and technician arrival updates from Oak Plumbing by text. Msg frequency varies. Msg & data rates may apply. Reply STOP to cancel, HELP for help. Terms and Privacy Policy.
Placement and Design Rules
- Next to the action. Put the disclaimer directly beside the checkbox, phone field or submit button, not in a footer or behind a link.
- Readable. Use body-size text with normal contrast. Disclosures that are hard to read are hard to defend.
- Before submission. The consumer must be able to read the disclosure before giving consent.
- One program per checkbox. Separate marketing from transactional texts, and separate SMS from email consent.
- Mobile first. Check the layout on a phone, where most opt-ins happen; disclosures often collapse or get cut off on small screens.
- Version control. Keep a dated copy of every version of the disclaimer, so you can show which wording a subscriber saw.
Disclaimers When You Collect Numbers for Other Reasons
Many forms collect a phone number for calls or account setup. A phone field alone is not consent to receive texts. If you want to text those customers:
- Add a separate, unchecked SMS consent checkbox with the full disclaimer.
- Only text the numbers where the box was checked.
- For existing customers without SMS consent, ask for consent through another channel (email, in-app or in person) before you text.
State Law Considerations
Several states have their own telemarketing and texting laws, sometimes called mini-TCPAs, with additional consent, time-of-day or frequency rules. Examples include Florida's Telephone Solicitation Act and Oklahoma's Telephone Solicitation Act. Your disclaimer should support the strictest rule that applies to your subscribers, and your sending schedule should respect state quiet hours. See TCPA calling hours.
Updating an Existing Disclaimer
When you change your disclaimer, for example to add a new message type or change frequency, existing subscribers agreed to the old wording. Treat a material change as needing new consent: send current subscribers a message that explains the change and how to opt out, and for a new category such as marketing, ask them to opt in again rather than assuming consent. Keep the old version on file with its dates, update your terms and privacy policy the same day, and update your Campaign registration if the message types changed.
Disclaimer Wording for Short Spaces
Some opt-in points have little room, such as a mobile pop-up, a QR code poster or a social ad. The disclosure still needs every element, so shorten the wording rather than dropping parts:
Oak Outfitters deals by text. Up to 6/mo. Msg & data rates may apply. HELP for help, STOP to cancel. Consent not required to buy. Terms & privacy: oak.co/sms
Point the short link at a page on your own domain that holds the full terms, and keep the full disclosure on that page.
FAQ
What is an SMS disclaimer?
The disclosure shown at opt-in that tells consumers who will text them, what messages they will receive, how often, that rates may apply, how to stop and get help, and where the terms and privacy policy are.
Is a text message disclaimer legally required?
For marketing texts sent with regulated technology, the TCPA requires prior express written consent with specific disclosures. Carriers and CTIA guidelines expect disclosure for all business texting programs.
What should a text message disclaimer include?
Brand name, message type, frequency, "Msg & data rates may apply", STOP and HELP instructions, terms and privacy links, and for marketing, that consent is not a condition of purchase.
Can I put the SMS disclaimer in my terms of service only?
No. The disclosure needs to appear at the point of opt-in, next to the checkbox, signature or keyword instructions.
Do I need a separate checkbox for SMS consent?
For marketing texts, yes. Keep SMS consent separate from other agreements and unchecked by default.
What is the difference between "Msg & data rates may apply" and "Standard messaging rates apply"?
Both tell consumers their carrier may charge them. Use one consistently across opt-in, confirmation and terms.
Does the disclaimer need my privacy policy link?
Yes. Reviewers check that the privacy policy is linked and includes SMS language.
Disclaimer
Informational only, not legal advice. TCPA, state laws and carrier policies change; have counsel review your program. MyTCRPlus does not submit registrations or send messages.