Requirements for using Lead Sherpa

To send text messages from Lead Sherpa, your business needs a few things in place before you can register for 10DLC. Carriers check these during review, so having them ready makes approval faster. 

Skip tracing doesn’t need any of this.

The requirements at a glance

• A business with an EIN.
• A live website that describes your real estate business.
• An SMS opt-in form, a Privacy Policy page and a Terms & Conditions page on that website.
• A Twilio or Telnyx account with an approved 10DLC campaign and at least 5 phone numbers.

Resources

→ SMS Compliance Guide - A2P 10DLC

→ SMS Guide: Twilio

→ SMS Guide: Telnyx

1. Your business

You need an EIN (Employer Identification Number). Carriers use it to confirm who is sending the messages. When you register, the legal company name, EIN and address must match the IRS record exactly.

Why do I need an EIN to send messages?

    An Employer Identification Number (EIN) is like a social security number but for a business. It is important for businesses to handle taxes, hire employees, open bank accounts, build credit, and comply with legal requirements.

     To send messages, you need to be 10DLC-approved, and to request a 10DLC, you need to have an EIN. 10DLC (10-Digit Long Code) is a messaging system used to send application-to-person (A2P) messages via standard phone numbers. These messages are often used for marketing, notifications, and other types of communication between businesses and their customers. An EIN (Employer Identification Number) is required for 10DLC registration for a few reasons:

1. Business Identification: Just like how an EIN identifies a business for tax purposes, it also serves to identify the business when it engages in communication activities, including A2P messaging via 10DLC. This helps ensure accountability and traceability in messaging, which is important for regulatory compliance and maintaining trust between businesses and consumers.

    2. Regulatory Compliance: In the United States, regulatory bodies such as the Federal Communications Commission (FCC) and the Cellular Telecommunications Industry Association (CTIA) oversee messaging practices to protect consumers from spam, fraud, and abuse. Requiring businesses to provide their EIN helps these regulatory bodies verify the legitimacy of businesses engaging in A2P messaging and enforce compliance with relevant rules and regulations.

    3. Trust and Accountability: Providing an EIN adds a layer of trust and accountability to the messaging ecosystem. It allows messaging providers and carriers to verify the identity and legitimacy of businesses sending A2P messages, which helps maintain the integrity of the messaging channel and protects consumers from unwanted or malicious communications.

How to apply?

Step 1: Determine your eligibility

• If your principal business is located in the United States or its territories, you may apply for an EIN online.
• The person applying online must have a valid Taxpayer Identification Number (SSN, ITIN, EIN).
• You are limited to one EIN per responsible party per day.
• The "responsible party" is the person who ultimately owns or controls the entity or who exercises ultimate effective control over the entity. Unless the applicant is a government entity, the responsible party must be an individual (i.e., a natural person), not an entity.

    Step 2: Understand the online application

• You must complete the application in one session, as you will not be able to save and return at a later time.
• Your session will expire after 15 minutes of inactivity, and you will need to start over.

    Step 3: Submit your application

• Apply here: https://sa.www4.irs.gov/modiein/individual/index.jsp
• After all validations are done, you will get your EIN immediately upon completion. You can then download, save, and print your EIN confirmation notice.

2. Your website

The website must be live and clearly describe what your business does, for example buying homes. It also needs:

An opt-in form

The form collects the person’s name, property address and phone number, and has two checkboxes for SMS consent:

Here is an example of a compliant form (the company and details are made up):

The checkboxes must be optional

Neither checkbox can be required to submit the form, and neither can be checked by default.

Add this disclaimer under the form:

“Messages are not sent just for submitting a contact form. The consent must be checked to opt-in. By submitting this form, you may choose to consent to receive informational text messages and calls from [COMPANY NAME] related to your inquiry and property details, such as updates or responses to your request. If you separately opt in to marketing communications, you consent to receive marketing and promotional text messages, calls, and emails from [COMPANY NAME] about offers and services. Messages may be sent using automated technology. Message frequency may vary. Message and data rates may apply. You may opt out at any time by replying STOP or request assistance by replying HELP. Consent is not a condition of purchase.”

A Privacy Policy page

The page must be live and include a statement like this:

“No mobile information will be shared with third parties/affiliates for marketing/promotional purposes. All other categories exclude text messaging originator opt-in data and consent; this information will not be shared with any third parties.”

A Terms & Conditions page

The page must be live and easy to find on the website.

3. Your SMS provider

You need a Twilio or Telnyx account with an approved 10DLC brand and campaign. Each campaign needs at least 5 phone numbers, and we recommend 10. See SMS Guide: Twilio or SMS Guide: Telnyx.

4. Proof of consent

By using Lead Sherpa SMS, you confirm that you collect opt-in from every recipient before you message them. If your account is audited and you can’t show proof of opt-in, it may be terminated without a refund for the current billing period.

Questions? Email support@leadsherpa.com.