The mobile message compliance landscape is changing quickly. Mobile network operators (carriers) are increasing scrutiny and compliance activity related to their mobile messaging solutions for local phone numbers (10DLC). There are four primary areas of interest:
Brand and Campaign approval
If you are sending messages exclusively from approved brands and campaigns, the following will not apply to you. Read on if you think you want to introduce new topic areas to your current messaging mix because you’ll need to get a new campaign approved.
The carriers require brand and campaign identification and approval prior to messages being sent. Some carriers have already begun penalizing each message sent from an unapproved brand or campaign. Starting on July 1st, 2023 messages from unapproved brands or campaigns will be blocked by some carriers.
What we are doing in response
We are requesting information needed need to apply for brand and campaign approval. Here’s a link to the form in case you need it. If you have already returned the form and not yet received approval, know that your application has been submitted and we are following up multiple times a week.
We have also established a relationship directly with The Campaign Registry, the primary regulator responsible for approving brands and campaigns. We are applying for brand and campaign approval directly with the source. Doing so should speed up approval and provides a point of escalation directly with the regulating body.
We are also adding additional messaging channels which allows us to send messages through the route that is best fit for purpose. In the weeks ahead customers may hear from us as we evaluate the appropriate messaging channel for each campaign. There will be no impact to current message recipients, but we may ask for additional information related to your campaign as different aggregators have different requirements.
Consent
Anyone that receives an automated message from your brand is required to have provided explicit consent to receive mobile messages. That consent applies only to the brand sending the message and does not extend to prospect list service providers (such as ZoomInfo) nor sub brands, subsidiaries, or parent companies. You must be able to prove consent for each phone number receiving a message. This consent must include:
- Specific information related to your data collection methods. For example, a screenshot of the website/registration form where customer shared their contact details and provided consent for the SMS communication; or the mobile message thread in which the customer agreed to receive SMS messages.
- Link to Terms and Conditions describing terms of service. This is the point at which you collect consumer data and the consumer consents to receiving SMS messaging which should include the following:
- Program name and/or a description of the messages that will be sent
- Organization or individual being represented in the initial message
- Fee disclosure (“Message and data rates may apply”)
- Service delivery frequency or recurring messages disclosure (“4 messages per month”, “Message frequency varies”, “1 message per login”, etc)
- Customer care information (typically “Text HELP for help” or Help at XXX-XXX-XXXX) – not required for single message programs (i.e 2FA)
- Opt out instructions (typically “Text STOP to cancel”) – not required for single message programs (i.e 2FA)
- Link to Privacy Policy describing how end user opt-in information will be used
- Incorporate a checkbox option that end-users must select in order to receive SMS messaging. The checkbox cannot be pre-selected. The checkbox provides the end-user the ability to agree, or not agree, to receive SMS messaging.
Consent messaging can vary, but a compliant opt-in message on your website should include something like “By checking here you agree to receive [# of monthly or weekly messages] messages from [Brand name] related to [campaign name or general purpose, like “marketing” or “purchase confirmation”]. Messages and data rates may apply. You can reply “STOP” to mobile messages at any time to unsubscribe or reply “HELP” for help. Check out our privacy policy [link to the policy on your webpage] and terms and conditions [link to the policy on your webpage] for more information.”
What we are doing in response
We are educating our customers and will update our user agreement and terms and conditions to require appropriate consent language at each point of contact & consent capture. We will randomly audit consent websites to support compliance.
Note if any of your campaigns are identified as not having collected proper consent, we will need to provide proof of each of the parameters listed above, including the URL and screenshots of the website, mobile message or email you use to collect consent.
SMS and MMS compliance
Carriers are now scrutinizing 10DLC mobile message contents more closely and blocking non-compliant messages. This can lead to high message failure rates and flagged compliance violations. Certain language is required in every automated mobile message with the exception of single message campaigns (like 2FA). Each automated message must include instructions on how to stop further messages, how to get help, and that there may be a cost associated with mobile messaging.
What we are doing in response
As of June 12, 2023, any automated message from the Message IQ platform that does not include the words “Reply STOP” will be appended to include “Reply STOP to cancel or HELP for help. Msg&Data rates may apply.” Note including this language will impact the number of characters and segments used in your campaigns and may increase your cost for Message IQ. Customers are welcome to include their own compliance language and we will not append messages as it includes “Reply STOP” and meets the other compliance requirements.
Use of unbranded hyperlink shorteners
Scammers have been using unbranded shortened hyperlinks in phishing scams. As a result, the carriers are cracking down on the use of unbranded link shortening services, like Message IQ’s. So far unbranded link shortening services are not a violation. However we expect that they will soon be prohibited.
What we are doing in response
We are currently developing and testing an update to our link shortening service that allows you to use custom domains. These domains must be affiliated with your brand (ie it should match your website or e-mail domain). That feature will be released June 16th, 2023. Once the solution is live, we will reach out to existing users of our smart link shortening service to collect the domain you would like to use. Note you will need to update a CNAME record.
I realized this was a lot of information. Mobile messaging is a complex and quickly evolving topic regulated by a number of different bodies. For approved brands and campaigns, mobile message delivery and response rates remain unbeatable making them a phenomenal value.
The FCC Is very interested in eliminating scams and spamming via mobile messaging and has implemented hefty fines for violations of the Telephone Communications Privacy Act (TCPA) and carriers want to maintain the effectiveness of mobile messaging by ensuring their customers only receive messages they expect and want.
This is a complex and evolving regulatory environment that we are here to help you navigate. If you would like some help, grab some time on our calendar to book a strategy session. Thanks for your attention and please don’t hesitate to reach out if we can help in any way.
-The Message IQ team
