Understanding A2P Compliance for Text Messaging

When you send text messages to parents and families through Enrollio, you need compliant Terms of Service and Privacy Policy pages. These documents protect your center and ensure you meet carrier and legal requirements.

Terms of Service Requirements

Your Terms of Service page must include these essential components:

Required Elements

  • Program Name and Description: Your center's name and the types of messages families will receive (enrollment updates, tour reminders, waitlist notifications, etc.)
  • Opt-Out Instructions: How to text "STOP" to unsubscribe
  • Rejoining Instructions: How families can opt back in after unsubscribing
  • Help Instructions: How to text "HELP" or contact your support team
  • Carrier Liability Disclaimer: Statement that carriers aren't liable for delayed or undelivered messages
  • Message and Data Rates Disclaimer: Note that standard message rates may apply
  • Privacy Policy Link: Working link to your privacy policy
  • Compliance Statement: Declaration that you follow industry standards

Example Terms of Service Language

{Your Center Name}

{Brief description of message types: We'll send you enrollment updates, tour reminders, waitlist notifications, and important announcements about your child's care.}

You can cancel text messages at any time by texting "STOP" to our number. We'll confirm your unsubscribe status via text. After that, you won't receive any more messages from us.

To rejoin, sign up again the same way you did initially, and we'll resume sending messages.

If you need help, text "HELP" or contact us directly at {your support email or phone number}.

Carriers are not liable for delayed or undelivered messages. Message and data rates may apply for messages we send to you and you send to us. Message frequency varies. For questions about your text or data plan, contact your wireless provider.

For privacy questions, see our privacy policy: {link to your privacy policy}

Pro Tip: Your "Program Name" should be your center's legal business name or the name parents recognize when they receive messages from you.

Privacy Policy Requirements

Your privacy policy needs specific language about text messaging data. You can create a compliant policy using services like Termly or Rocket Lawyer, or use free online generators.

Required Privacy Policy Statements

Your privacy policy must include these three critical statements:

  1. No Third-Party Marketing: "No mobile information will be shared with third parties or affiliates for marketing/promotional purposes."
  2. Opt-In Data Protection: "Text messaging originator opt-in data and consent will not be shared with any third parties, except for aggregators and providers of the text message services."
  3. Service Provider Exception: "Information sharing to subcontractors in support services, such as customer service, is permitted. All other use case categories exclude text messaging originator opt-in data and consent; this information will not be shared with any third parties."

Important Disclaimer

If your privacy policy mentions sharing personal information with any parties, add this disclaimer to the "How We Share Your Information" section:

"All the above categories exclude text messaging originator opt-in data and consent; this information will not be shared with any third parties, excluding aggregators and providers of the text message services."

Words to Remove or Revise

Review your privacy policy and Terms of Service for these keywords:

  • "Share" (when referring to leads' information)
  • "Sell"
  • "Affiliate"
  • "Third-party" (in contexts that suggest sharing family information)

Remove or reword any language that implies you share or sell prospective families' contact information with outside parties.

Compliance Checklist

  1. Find Keywords: Search your policy for "share," "disclose," "sell," "affiliate," and "third-party"
  2. Check Context: Determine if any sentences allow sharing or selling family information with others
  3. Remove or Fix: Delete or rewrite text that mentions sharing or selling information
  4. Confirm: Verify your policy clearly states you don't share or sell family information
  5. Add Required Paragraph: Include the mandatory statement about no third-party sharing

Sample Documents

We've created sample Privacy Policy and Terms of Service pages with the required compliance language. These samples give you a starting point, but always consult your legal counsel before publishing to ensure they meet your business needs and local regulations.

Note: These samples are not comprehensive legal documents. Review them with your attorney to ensure full compliance for your specific situation.

[SCREENSHOT: Show where to access sample Privacy Policy and Terms of Service templates in Enrollio settings]

Industry Standards for Short Code Compliance

Your text messaging campaigns must align with carrier requirements, industry standards, and applicable law. For US short code programs, you need a publicly accessible mobile Terms of Service page that includes:

  • Customer support contact information
  • Complete opt-out instructions (displayed prominently)
  • Recurring message disclosure (if you send regular updates)
  • Clear description of your messaging program
  • Your center's name (brand name)

Additional requirements may apply for specific types of campaigns. For detailed industry standards, refer to the CTIA's Short Code Monitoring Handbook.

Pro Tip: Work with your legal counsel to ensure your policies comply with both federal law and state-specific regulations where you operate.

A2P Compliance Violations and Fines

Mobile carriers enforce strict rules about commercial text messaging. Understanding these rules helps you avoid violations and fines.

What You Need to Know

T-Mobile and other carriers issue fines for messages containing prohibited content. If carriers detect violations, they will:

  • Issue a Sev-0 violation (the most severe level)
  • Apply non-compliance fines
  • Immediately block offending messages

These rules apply to all commercial messaging products (SMS, MMS, short code, toll-free, and 10DLC) on the T-Mobile network. Enrollio passes these fines directly to the account responsible for the violation.

Violation Tiers and Fines

Tier 1: $2,000 per violation

  • Phishing (including simulated phishing for security testing)
  • Smishing (SMS phishing)
  • Social engineering (manipulating people to share private information like passwords or credit card numbers)

Tier 2: $1,000 per violation

  • Illegal content (must be legal federally and in all 50 states)

Tier 3: $500 per violation

  • SHAFT violations (sex, hate, alcohol, firearms, tobacco) that don't follow federal and state regulations
  • Other commercial messaging violations
  • Content requiring age verification without proper age-gate implementation

How to Avoid Violations

When texting families through Enrollio:

  • Never send messages that could be construed as phishing or scams
  • Stick to enrollment-related content: tour confirmations, enrollment status, waitlist updates, and center announcements
  • Avoid any content related to SHAFT categories
  • Ensure all content is legally compliant in your state and federally
  • Never request sensitive information like credit card numbers or passwords via text

Important: These fines apply across all A2P messaging products including SMS, MMS, short code, toll-free, and 10DLC. Violations can result in immediate message blocking and substantial fines.

Next Steps

  1. Review your current Privacy Policy and Terms of Service
  2. Update them with the required compliance language
  3. Remove any prohibited keywords about sharing family information
  4. Consult with your legal counsel to ensure full compliance
  5. Provide your working Privacy Policy and Terms of Service URLs when completing A2P registration

Need help setting up your compliance documents? Contact our support team for guidance on getting started with compliant text messaging for your center.