What do I need to know BEFORE I invite people to opt in to my SMS program? When do I need to put “Msg & data rates may apply” in my text messages? Who makes the rules and who enforces them? What happens if I don’t follow them? Read on for the answers to these fascinating questions and more.
Who developed the SMS marketing standards?
The Consumer Best Practices were developed by the Mobile Marketing Association (MMA) and served as the first set of regulations. Since enforcement is the responsibility of the CTIA, they have subsequently developed the CSC Monitoring Compliance Handbook.
Who enforces the SMS marketing standards?
The CTIA, the international association for the wireless telecommunications industry, monitors SMS messaging for the carriers and issues violation notices. If ExactTarget receives a notification from the CTIA regarding your program, our Deliverability Team will be in contact to manage resolution.
What are the rules?
For complete information, see the documents cited above. Here are the highlights.
In the same place as the opt-in call-to-action, include the abbreviated Terms & Conditions:
|
Description |
Example |
|
Program identification |
Acme Mobile Alerts |
|
Product description and quantity |
Get notices of sales, specials and news Up to 3 messages/week |
|
Opt-out instructions in bold |
Text stop to cancel |
|
Message and data rates may apply |
Msg&data rates may apply |
|
Links to privacy policy and Terms & Conditions (provide URL if not linked) |
Privacy Policy and Terms & Conditions |
If program participation is not “text-to-join,” ownership of the handset must be confirmed via a double opt-in:
|
Description |
Example |
|
Confirmation Message |
Thank you for your interest in Acme Mobile Alerts. Reply Y to confirm. |
The confirmation message (above) must result in a Program Enrollment Confirmation SMS message:
|
Description |
Example |
|
Program name |
Welcome to Acme Mobile Alerts |
|
Product description and quantity |
Sales, specials and news Up to 3 messages/week |
|
Opt-out instructions |
Text stop to cancel |
|
Customer care contact information (may be a link or phone number) |
Text help for more information |
|
Message and data rates may apply |
Msg&data rates may apply |
What information do I need to include in my outbound messages?
You do not need to include HELP, STOP and Msg&Data rates may apply in every message. For recurring programs, however, you must send an occasional reminder of the subscription terms, with the same elements as the confirmation message above.
What happens if my SMS program in non-compliant?
If a program is found to be non-compliant, the CTIA will issue a violation notice to ExactTarget and we will contact you immediately. Infractions are rated according to their potential harm to the consumer. Programs deemed to result in “severe consumer harm” are immediately suspended until the violations are addressed. Programs deemed to cause “serious” or “moderate” harm are given 2 days and 5 days, respectively, to address infractions.
I find other SMS programs that don’t comply with these regulations. Why are they allowed?
Finding and identifying all potential violations is an enormous task. Potential violators could continue indefinitely or be shut down tomorrow. ExactTarget’s advice is to adhere to the spirit and letter of the guidelines to avoid rushing to fix a problem in the future.
I have received conflicting advice or no advice previously. Why is that?
The regulations as well as interpretation and enforcement are new and evolving. By complying with the latest handbook, you are in the best position to satisfy the regulators and avoid disruptions in your program delivery.
I have more questions. Who should I contact?
You can always Contact ExactTarget Customer Support or your ExactTarget Representative to get any additional questions answered. And check out our website to learn more about ExactTarget's Mobile Marketing Solutions.










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