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NUMBER #1 RULE:
MOBILE MARKETERS MUST OBTAIN OPT-IN APPROVAL FROM SUBSCRIBERS BEFORE SENDING ANY SMS/MMS MESSAGES OR OTHER CONTENT FROM A SHORTCODE.
OPT-In Dos & Don’ts
Do’s
Do Provide Notice:
- Mobile Marketers must provide users with NOTICE. Notice is an easily understandable and quickly discoverable description of the terms and conditions of a marketing program.
- Mobile Marketers must inform the user of both the marketers identity, services and products offered.
- Recurring standard rate programs require a single opt-in. However, when opt-in occurs via the web or other non-mobile point of origination, the content provider must obtain verification that the subscriber is in possession of the handset being opted-in to the service.
Do Provide Choice & Consent:
- Mobile Marketers must respect the right of the user to control which messages they receive. Users must Opt-In to programs via SMS, MMS, website registration and other legitimate methods. If a user opts in to only one program, marketers cannot send messages for another program.
Don’ts
Do not send messages to third-party lists is not an effective interactive mobile marketing tactic. Selling mobile opt-in lists is prohibited.
OPT-OUT Dos & Don’ts
- Mobile Marketers must implement a simple termination method. It must be provided on a regular basis. (ex: Txt STOP to unsubscribe)
- A subscriber must be able to stop participating and receiving messages from any
- program by sending STOP to the short code used for that program.
- END, CANCEL, UNSUBSCRIBE or QUIT should also be opt-out key words for all programs; however, content providers should feature the word STOP in their advertising and messaging.
Customization & Constraint:
- Mobile Marketers should limit the amount of messages sent in the amount that the users request and no more.
- Mobile Messages should bring value to the user.
Call to Action & Subscription Opt-in Bounceback Message When Advertising a Program:
The Call-to-Action, whether print or in-store media, live event, radio or television broadcast, requires specific information that is also needed in the Subscription opt-in bounceback message after opt-in to a recurring program. A confirmation Mobile Terminating (MT)message must be sent to the subscriber containing, at minimum, the following information:
- Service description
- Additional carrier costs (e.g. Msg&Data Rates May Apply)
- Frequency of messaging
- Customer support information (HELP)
- Opt-Out information (STOP)
- Link to Terms & Conditions on your website
Via Print:
Must include the following: Additional carrier costs (MSG&Data rates may apply); a resource where subscribers can access all Terms & Conditions; instructions on how to opt-out or stop campaign (if not recurring program, STOP messaging is not required)
Via TV/Radio/Audio Advertising:
Must include additional carrier costs (MSG&Data rates may apply)
Via Web:
Must include the following: Additional carrier costs (MSG&Data rates may apply); A resource where subscribers can access all Terms & Conditions; The frequency of the message; Instructions for obtaining help (HELP); If the program is reoccurring, directions on opting-out of the program.
Security:
- Mobile Marketers must take all precautions to protect user information from unauthorized usage.
Enforcement & Accountability:
- Mobile Marketers must abide by the MMA Code of Conduct and the MMA Consumer Best Practices.
Terms & Conditions for Subscription Opt-in Bounceback Message
T&C must have:
- Opt-in BB msgs should have STOP, HELP, and where to read T&Cs
- Customer service contact phone and/or email
- Program sponsor
- Frequency msgs will be sent
- Almost all carriers available