Most SMS disclaimers fail in one of two ways. Some are so vague that they don't establish consent: "By submitting, you agree to our terms." Others are buried in a privacy policy nobody can find. Carriers look at both when they review your 10DLC campaign. Plaintiffs' lawyers look at both when they decide whether a text you sent is worth $500 to $1,500 under the TCPA.
This post gives you working language for each place a disclaimer has to appear: the sign-up form, the keyword confirmation, the message footer, the SMS terms and the privacy policy. Adapt it to your business. It isn't legal advice, and the sender is ultimately responsible for compliance, so have counsel review the final version if your volume or industry carries real exposure.
The five places SMS disclosure language has to live
A single disclaimer doesn't cover you. Carriers and the TCPA expect consistent language at several points:
- The opt-in point (web form, checkout, paper form or keyword ad). This is where consent is actually given.
- The confirmation text. It's the first message after someone opts in, and it restates the terms.
- Recurring message footers. Opt-out instructions appear periodically, not only once.
- SMS terms and conditions. This is a page on your site that the opt-in links to.
- Privacy policy. It needs an SMS-specific clause about not sharing mobile data.
If any one of these is missing or contradicts the others, it's a common reason for 10DLC campaign rejection. We cover the registration side in detail in the opt-in wording that clears 10DLC on the first submission.
Consent language for web forms
What the disclosure must contain
A form disclosure should state, in plain text next to the phone field or submit button:
- The brand name sending the texts
- What kind of messages they'll get (marketing, reminders, order updates)
- That message frequency varies, or a specific frequency
- "Msg & data rates may apply"
- How to opt out (STOP) and get help (HELP)
- That consent is not a condition of purchase (required for marketing under prior express written consent)
- Links to your SMS terms and privacy policy
Template: marketing consent (checkbox)
☐ By checking this box, I agree to receive recurring automated marketing text messages from [Brand Name] at the phone number provided. Consent is not a condition of purchase. Msg frequency varies. Msg & data rates may apply. Reply HELP for help, STOP to cancel. See our [SMS Terms] and [Privacy Policy].
Leave the checkbox unchecked by default. A pre-checked box is weak evidence of consent and a frequent rejection reason.
Template: transactional or account notifications
By providing your phone number, you agree to receive text messages from [Brand Name] about your appointments and account. Msg frequency varies. Msg & data rates may apply. Reply STOP to opt out, HELP for help. [SMS Terms] | [Privacy Policy]
Transactional texts carry a lighter consent standard than marketing. If you plan to send promotions later, though, collect marketing consent now with the checkbox version. The difference is laid out in prior express written consent vs implied consent.
What not to write
- "You may receive texts from us and our partners." Carriers reject consent that's shared with third parties.
- Consent hidden inside a general "I agree to the Terms of Service" checkbox.
- Disclosure text in light gray, 8px font, below the fold.
Keyword opt-in language
Keyword opt-ins ("Text JOIN to 555-555-0100") need the disclosure on the ad, sign or post itself, not only in the reply.
Template: call-to-action on a flyer or social post
Text JOIN to (555) 555-0100 to get weekly deals from [Brand Name]. Up to 4 msgs/week. Msg & data rates may apply. Reply STOP to cancel, HELP for help. Terms: [yourdomain.com/sms-terms]
Template: keyword confirmation reply
[Brand Name]: You're signed up for deals texts. Up to 4 msgs/week. Msg & data rates may apply. Reply HELP for help, STOP to cancel.
That confirmation is 131 characters with plain punctuation, so it fits in one segment.
A keyword reply doesn't create a full consent record by itself. You still want to log when the person texted in, which keyword they used and what the ad said. On Ready, the attestation captured at send time records who sent, to how many and when, for each bulk send and each API send that sets consent_attested. It is not a per-contact consent record. Your form, store or CRM keeps the per-contact opt-in time, wording and source page, and that's the record you'd produce in a dispute.
Message footers and the segment cost of disclosure
You don't need "Reply STOP to opt out" on every text. Common practice is to include it in the first message, then periodically, such as monthly or on every marketing campaign. Many senders add it to every promotional message because it's the simplest rule to follow.
Footer examples
Reply STOP to opt out.(22 characters)Txt STOP to end.(16 characters)STOP to unsub, HELP for help(28 characters)
Start each campaign message with the brand name too ("[Brand]: ..."). Carriers expect it, and recipients who don't recognize the number are more likely to report you as spam.
Worked example: when a footer adds a segment
Assume a promo message body of 145 characters. Add " Reply STOP to opt out." (23 characters with the leading space) and it becomes 168 characters. That's over the 160-character single-segment limit, so it splits into 2 segments of up to 153 characters each.
For a 5,000-contact campaign on Ready's Standard rate:
| Version | Segments per text | Total segments | Rate cost at $0.0075 | Carrier fee |
|---|---|---|---|---|
| 145 chars, no footer | 1 | 5,000 | $38 | 5,000 × $0.0045 |
| 168 chars with footer | 2 | 10,000 | $75 | 10,000 × $0.0045 |
These figures exclude the optional compliance surcharge. Scrubbing and landline validation are $0.003 per segment each when switched on, and both are off by default.
The fix is to trim the body, not drop the footer. Cut the message to 137 characters and the footered version fits in one segment. One emoji drops the limit to 70 characters and pushes the same message to 3 segments, so be careful with them in footered marketing texts. Ready converts curly quotes, long dashes and ellipses to plain characters before sending, so those don't change your count.
SMS terms and conditions template
Put this on its own page (for example, yourdomain.com/sms-terms) and link it from every opt-in point.
[Brand Name] SMS Terms and Conditions
1. Program description. By opting in, you agree to receive [marketing / appointment reminders / order updates] text messages from [Brand Name] at the number you provided. Messages may be sent using automated technology.
2. Consent. Consent is not a condition of any purchase.
3. Frequency. Message frequency varies [or: up to X messages per week].
4. Cost. Message and data rates may apply. Check with your mobile carrier.
5. Opting out. Reply STOP, END, CANCEL, UNSUBSCRIBE or QUIT at any time to stop receiving messages. You will receive one confirmation message and no further texts unless you opt in again.
6. Help. Reply HELP or contact [support email / phone].
7. Carriers. Carriers are not liable for delayed or undelivered messages.
8. Privacy. See our Privacy Policy at [link]. We do not sell or share your mobile number for third-party marketing.
9. Changes. We may update these terms; the current version is always at this URL.
Item 5 should match what your system actually does. On Ready, a reply that is exactly one of STOP, STOPALL, STOP ALL, UNSUBSCRIBE, UNSUB, CANCEL, END, QUIT, OPTOUT, OPT OUT, OPT-OUT, REMOVE, REVOKE is honored automatically, and the opt-out propagates across campaigns so the contact can't be texted again. Ready also opts a contact out on clear phrases such as "please stop texting me" or "do not text me." For anything stranger, this post on opt-out variants covers how to catch the rest.
Privacy policy wording for SMS
Carriers specifically look for a clause saying mobile information isn't shared with third parties for marketing. Without it, campaigns get rejected even when everything else is correct.
Template clause
SMS and mobile information. We collect your mobile number when you opt in to receive text messages. No mobile information will be shared with third parties or affiliates for marketing or promotional purposes. Text messaging originator opt-in data and consent will not be shared with any third parties. Information may be shared with subcontractors that help us deliver messages, such as messaging platforms and carriers.
The last sentence matters. It lets you use a messaging provider without contradicting the "no sharing" promise. Our 10DLC website, privacy policy and terms requirements post lists the rest of what a reviewer checks on your site.
What disclaimers don't do
Good disclosure language reduces risk. It doesn't make a bad list legal. A few things no footer fixes:
- Texting people who never opted in. Contact without consent is by phone and mail. SMS goes to people who opted in or replied.
- Sending outside allowed hours. Ready holds sends outside permitted local hours based on the recipient's area. Your terms should still not promise anything your system can't honor. Campaigns, drip campaigns and automations wait up to 24 hours for the window; a one-to-one or API text is held only if the window opens within 6 hours, otherwise it is refused and must be resent; a one-to-one reply to someone who texted you in the last 24 hours goes out at any hour.
- Numbers on litigator or DNC lists. The TCPA and DNC scrub checks numbers against known litigator and DNC-complainer lists. As a standalone scrub it costs $0.005 per contact. When switched on for an account's sends, it's $0.003 per segment. It's cheap insurance against a $500 to $1,500 per-text claim, but it isn't lawsuit-proofing.
If you send through the API, the consent_attested field on POST /v1/messages is your declaration that the recipient agreed to texts. It belongs at the end of a real consent process and doesn't replace one. The details are in the messages API docs.
The practical checklist
Before your next campaign, check that:
- The form disclosure names the brand, message type, frequency, rates, STOP/HELP and links to terms and privacy
- The marketing checkbox is unchecked by default and says consent isn't a condition of purchase
- The keyword ad carries the full disclosure, not just the keyword
- The confirmation text restates the program in one segment
- Campaign messages start with the brand name and include STOP language
- The SMS terms page exists at a stable URL
- The privacy policy has the no-sharing clause
If all seven match, you've covered what carriers review and most of what a TCPA claim turns on. If you want registration, STOP handling and quiet hours handled in one place, you can create a Ready account. The first 20 one-to-one texts are free, so test your confirmation and footer wording before you register.