Mobile Messaging Compliance
Mobile Marketing compliance is not extremely complicated. However steep fines and regulations cause all Marketers and Technology Providers to adhere to strict compliance. It is therefore compulsory to follow the laws or suffer potential consequences. In this page, we intend to help you understand the basics of Mobile Marketing Compliance. Please note this page is informational in nature and is not intended to replace consultation with legal counsel.
SMS Compliance Explained
1. Express Written Consent
The Telephone Consumer Protection Act (TCPA) mandates that business must first receive express written consent before sending any messages to its subscriber base. The consent must be very clear so the recipient knows all the details of what they have just subscribed to. Not following this guideline is a violation of the TCPA and can cause steep fines.
Most of the time, mobile messages that are purely informational in nature will require consent. Generally you receive consent from your customer by having them:
- Sign up physically at a live location
- Send a Keyword to a Campaign you made via an advertisement
- Signing up via a webform online
2. Rules When Importing Contacts
Federal regulations mandate additionally that you have express written consent when importing contacts to your database. Extend the effort to ensure that each and every phone number has provided you with permission to send them messages.
3. Call To Action Requirements
The message that prompts the individual to opt in to your campaign is called a Call to Action. It should consist of the following:
Campaign Purpose
Define clearly to your subscribers what they’re signing up for.
Message Frequency
Include generally an estimated amount of messages the subscriber will expect to receive in a given time frame.
Message and Data Rates
Although Unlimited Texting from cellular companies exist, some mobile users still are fee based when it comes to SMS usage. Informing your subscribers that they may incur charges is mandatory for all campaigns.
Terms and Conditions
You must detail clearly within the terms and conditions of your campaign who you are, contact information, description of your campaign and clear opt-out instructions.
Privacy Policy Detail your policies in handling your customers sensitive information.
4. Confirmation Message
The first message you send to the customer must be a message on compliance confirming their desire to opt-in. It should be very pertinent information such as your identity, Message frequency, disclosure on potential data rates, and opt out methodologies.
Accessing Technologies actually embeds compliance into the Software Platform therefore when a new user subscribes to one of your campaigns, the system will automatically send Privacy Policies, Terms etc. in a compliance text.
5. Do not send SHAFT messages
The Governing bodies of the Mobile Text Message Industry such as the CTIA and FTC define rules and boundaries for communications in the text marketing industry. A commonly used Acronynm is SHAFT—sex, hate, alcohol, firearms, and tobacco. Do not include any content related to SHAFT as it may result in your company being banned from ever sending messages again.
Certain exceptions exist. Consult legal counsel and/or your compliance team to ensure compliance to SHAFT.