Launching Text Campaigns: Ins & Outs of 10DLC Registration

At a Glance

• Ten-digit long code (10DLC) is a relatively recent and increasingly commonplace method for short message service (SMS) campaigns due to it being a cost-effective and efficient way for companies to reach customers. Companies should understand the requirements of The Campaign Registry (TCR), in addition to other applicable telemarketing laws, regulations and guidelines. Failing to comply may result in poor outreach, inefficient text campaigns or legal scrutiny.
• Companies seeking to set up a 10DLC campaign with The Campaign Registry may need to provide proof of properly obtained consumer consent. Applicable telemarketing laws, regulations and guidance dictate what constitutes properly obtained consent for marketing messages. 

Companies send short message service (SMS) messages to consumers for a host of reasons, ranging from product advertisements to appointment confirmations and cancellations to customer surveys. While sending text messages may appear simple, companies cannot jump straight into doing so. Rather, companies should register for a 10-digit long code (10DLC), a common short code (CSC) or a text-enabled toll-free phone number, all while complying with onerous requirements set by the Telephone Consumer Protection Act (TCPA), the Telemarketing Sales Rule (TSR) and its Do Not Call (DNC) provisions, as well as the CTIA’s Messaging Principles and Best Practices, among other things. 

Although relatively recent, 10DLC has become increasingly commonplace due to it being a cost-effective and efficient way for companies to reach customers. Unlike CSC and toll-free numbers, however, 10DLC implicates a unique set of requirements that companies should follow (alongside existing laws, regulations and guidance) to streamline campaign registration and implementation.

Companies wishing to use 10DLC must go through Campaign Service Providers (CSPs) to register their campaigns. To register a campaign, the CSP provides details about the who, what and how of the proposed campaign to The Campaign Registry (TCR), a centralized database designed to help businesses and mobile network operators (MNOs) manage 10DLC campaigns. MNOs use these details to verify that a 10DLC text campaign is both (1) legitimate and (2) includes appropriate consent for each text recipient. These details include a company’s IRS verification letter, organization type, industry, primary contact, SMS phone numbers and more. Failure to provide this information is likely to result in the MNOs rejecting the 10DLC campaign.

Obtaining Consumer Consent

Notably, companies may also need to provide proof of properly obtained consumer consent. Applicable laws, regulations and guidance dictate what constitutes properly obtained consent. For example, the TCPA generally requires prior express written consent for “telemarketing” and “telephone solicitations,” meaning that companies must obtain written permission after providing specific clear and conspicuous disclosures to the consumer before that consumer can be included in an SMS campaign. And consent requirements can change over time. 

Recently, for example, the FCC attempted to adopt rules limiting a consumer’s prior express written consent to a single seller at a time. The Eleventh Circuit Court of Appeals vacated the FCC’s order, holding that a one-to-one consent requirement conflicted with the ordinary meaning of “prior express consent.” Before that decision, many CSPs required modification of consent language to address the FCC’s announced requirements. Companies will need to continue to monitor developments and review consent language to ensure it satisfies legal and regulatory requirements. Failing to do so puts companies at significant litigation risk. 

In Conclusion

Therefore, companies seeking to set up a 10DLC campaign should closely follow the obligations laid out by both TCR and all applicable laws, regulations and guidelines. Failing to comply with applicable legal obligations or TCR registration requests may result in poor outreach, inefficient text campaigns or legal scrutiny. 

For More Information

For further information, you may reach out to the authors.