Mobile Commons: Compliance Requirements for Marketing and Messages

Provided documentation for Compliance Requirements for Marketing and Messages

What language is required in my calls-to-action and opt-in paths?

Marketing Materials/Calls-to-Action

Your SMS campaign will be successful if you actively promote it across a variety of channels (digital properties, social media, traditional, broadcast etc.). The extent to which you advertise your keywords and web forms will inform your rate of subscriber growth and program success.

When promoting your SMS campaign you will need to follow text-messaging specific rules (written by CTIA) and laws (written by the FCC, specifically pertaining to the TCPA) that govern this type of marketing.

Whether promoting via printed materials, e-mail, Facebook ads or posts, Twitter ads and tweets, TV & Radio Spots, or other channels, your calls-to-action and web forms must:

1. Identify your organization.
2. State that "Message & Data Rates May Apply."
3. Provide clear instructions for opting out or obtaining more information about your messaging: "Text HELP for info. Text STOP to opt-out." (note that STOP and HELP should be capitalized).
   1. Mention the shortcode itself as well in this language.
4. State that you will be sending automated recurring messaging: "By performing this action, you are signing up for automated recurring messaging from [organization name]."
5. State that there is "no purchase necessary."
6. Provide a link to your terms and conditions / privacy policy.

The first five of the above six points should also be included within your terms and conditions / privacy policy as well. 

Here is a template to work off: 

By providing your mobile phone number you consent to receive automated recurring text messages from [COMPANY/ORG NAME]. Message & Data Rates May Apply. Text HELP for Info or Text STOP to opt out to [SHORT CODE]. No purchase necessary. [LINK to terms and conditions and privacy policy]

Specific Web Form Requirements:

• Do not auto-check any box that subscribes users to receive text messages from the company/organization
• Make sure the compliance language provided above ("By providing your mobile phone number...") is placed next to or below the phone number field.

For some additional best practices and tips please see our presentation attachment below.

Opt-In Paths and Broadcasts 

There are also requirements for the messaging users receive from you:

1. “Recurring msgs... Reply STOP to quit, HELP for more info. Msg&DataRatesMayApply” should be included in the first message of your opt-in path. We provide this content as a placeholder in our system for your convenience. You just have to highlight the "Start typing your message..." and do just that!

You can customize so that "recurring msgs" is in the common language like this:

2. As of November, 2020, AT&T requires an opt-out disclosure (i.e. “Reply STOP to quit”) as part of each broadcast message**. “HELP for more info” & “Data&MsgRatesMayApply” is not required after the first time a subscriber opts in.

** = If this broadcast asks for a reply/is a two-way conversation, only the initial message in the conversation needs the opt-out language.

Note: When building the conversation for a keyword Opt-in path, web opt-in path, or a broadcast, on the right sidebar of the page we show a helper text that shows the required language for each conversation.

Broadcasts:

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Keyword OIP:

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Web opt-in path:

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Additionally, you can implement a “double opt-in” for all non-mobile opt-ins, such as opt-ins from a webform or with an uploaded Group. A double opt-in consists of an extra message asking a subscriber to confirm their opt-in - for example, “Reply YES to confirm.” You can set that up from Opt-in Path Settings in the Opt-in Path Actions menu.

Resources:

• The CTIA Short Code Handbook: This is the definitive guide to all compliance requirements when using a shortcode. Please be sure to reference this as you create your opt-in messages and calls to action. See attachment below.
• The Mobile Commons Blog: you will find many great articles here, from case studies to industry news, including a lot on compliance. You can also find links to our most recent articles on your dashboard in the Mobile Commons platform.
• Client SMS club: Text Mobile to 662266 for helpful tips on using the Mobile Commons platform
• Support: our support system is monitored by our entire Mobile Strategy team, so you are sure to get a great and timely response to any of your platform questions.  You can email mc_support@uplandsoftware.com or text SUPPORT to 662266
• Your Mobile Strategist: support is going to be your first line of defense for any platform questions; but for all strategy questions or just a brainstorming session request, contact your Mobile Strategist!
• Mobile Commons CTA Webinar
• Upland Mobile Messaging TCPA and Carrier Best Practices Slides
• CTIA Short Code Monitoring Handbook PDF

Question: Other

- "No purchase necessary" is not required in the call to action or the message copy as long as it is present in the Terms and Conditions
- Opt-out disclosures are not required in the double opt-in message ("reply Y to confirm" etc) but only in the confirmation message. If a client is using a single opt-in, then it's appropriate.
- T-Mobile now requires all call to action to have a clearer "product description." Previously the following was an example of a compliant CTA that is no longer compliant: "Text ALERTS to 12345 to receive recurring mobile alerts from ACME. Reply STOP to cancel. Message and Data Rates May Apply. Link to Terms and Privacy Poliy: www.acme.com/mobileterms"
THIS is now what T-Mobile requires: "Text ALERTS to 12345 to receive recurring news and action alerts from ACME." etc. See the difference?
- Also: if the client's Privacy Policy discloses they will share data with affiliates or third parties, Verizon Legal will reject the submission. The client will need to include the following, pre-approved disclosure (typically at the bottom of a "How we use information" section of the Privacy Policy): "All above categories exclude mobile opt-in data and consent; this information will not be shared with any third-parties."
Please reach out to me (Matt Datillo) mdatillo@uplandsoftware.com with any questions.