Mobile Marketing - The Keys to SMS Compliance
When sending SMS text messages, marketers must adhere to FCC requirements.
As a best practice, recommendations established by the Mobile Marketing Association (MMA) should also be followed.
FCC rules prohibit the following:
Therefore, the FCC prohibits sending unsolicited text messages to any mobile phone number, even if the marketer has a pre-existing relationship with the called party.
FCC guidelines regarding the type of express consent (i.
e.
written, verbal, or on-line registration) marketers must obtain prior to calling a wireless device are not specific; marketers must only be able to prove the consumer or business specifically consented to receive calls or texts at a certain phone number.
However, the guidelines established by the MMA and individual carriers are much different.
The MMA's Consumer Best Practices Guidelines for MMS/SMS recommends marketers follow a double opt-in process to obtain mobile phone numbers, as follows:
T-Mobile requires marketers to obtain double opt-in phone numbers; however, other carriers are not as strict.
Each has its own set of guidelines, although all are similar in nature.
FCC regulations must be followed, and obtaining mobile numbers through a double opt-in process, as recommended by the MMA, should be considered a best practice.
As a best practice, recommendations established by the Mobile Marketing Association (MMA) should also be followed.
FCC rules prohibit the following:
- Unsolicited phone calls made to consumer mobile phone numbers and business mobile numbers
- Calls made for any purpose-whether or not a solicitation is involved or not-including sales, transactional, polling, and survey calls
- Unsolicited phone calls made by for-profit and nonprofit organizations
Therefore, the FCC prohibits sending unsolicited text messages to any mobile phone number, even if the marketer has a pre-existing relationship with the called party.
FCC guidelines regarding the type of express consent (i.
e.
written, verbal, or on-line registration) marketers must obtain prior to calling a wireless device are not specific; marketers must only be able to prove the consumer or business specifically consented to receive calls or texts at a certain phone number.
However, the guidelines established by the MMA and individual carriers are much different.
The MMA's Consumer Best Practices Guidelines for MMS/SMS recommends marketers follow a double opt-in process to obtain mobile phone numbers, as follows:
- The marketer displays approved short code in an advertisement or other outlet
- Interested consumers respond (initial opt in)
- The marketer replies with requested information and asks for permission to send future messages.
- Mobile users grant such permission in response (second opt in)
T-Mobile requires marketers to obtain double opt-in phone numbers; however, other carriers are not as strict.
Each has its own set of guidelines, although all are similar in nature.
FCC regulations must be followed, and obtaining mobile numbers through a double opt-in process, as recommended by the MMA, should be considered a best practice.
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