The messaging use cases described below are strictly prohibited on SMS and MMS platforms in the United States and Canada. These guidelines apply to Short Code, and 10DLC messages. Follow these rules at all times to ensure you remain compliant with carrier requirements and to avoid fines, suspension, or termination of your mobile program.
Illegal Substances/Articles
- Cannabis
- CBD
- Kratom
- Paraphernalia products
- Vape/E-cigs
- Fireworks
Cannabis, CBD, Kratom, or drug paraphernalia product businesses are prohibited from utilizing SMS/MMS messaging, regardless of content. These restrictions apply regardless of the federal or state legality. All use cases for these are disallowed from sending SMS whether it contains cannabis content or not, even for 2FA purposes it is not permissible for such entities.
S.H.A.F.T Use Cases and Electronic Smoking
- Sex
- Hate
- Alcohol
- Firearms
- Tobacco
- Vape/E-cigs
Alcohol traffic is allowed on Short Code, and 10DLC, as long as proper age-gating procedures are in place. Age gating means that website users must input their date of birth. It cannot be a yes or no question. This must explicitly be set up on your Clutch Account. Contact a Clutch representative to discuss your options.
Firearms, Tobacco, Vape, and E-cigarettes are not allowed on Short Code, or 10DLC regardless of age gating.
All age-gated content into Canada must be blocked across Short Code and 10DLC. The only way to send age-gated traffic into Canada (even with proper age-gating) is to receive a special carrier exemption. Allowed age-gated content in Canada include: pocket knives, lighters, and non-alcoholic beverages
Gambling
- Casino apps
- Websites that offer gambling
- Sweepstakes
- 50/50 Raffles
- Contests
- Betting/Sports picks
Gambling traffic is prohibited in the US and Canada on all number types (Short Code or 10DLC).
Sweepstakes are allowed on Short Code but need to go through a special review. Contact a Clutch representative to discuss your options.
High-Risk Financial Services
- Payday loans
- Short term high-interest loans
- New loan soliciting
- Third-party loans
- Student loans
- Cryptocurrency
- Stocks and investing platforms
“Third-party” means originating from any party other than the one which will service the loan. Examples of third-party loans could include auto, mortgage, personal, etc. No businesses that solely operate in stocks, investing, or cryptocurrency are allowed to send SMS traffic. If there is a mixed use case where that is a partial aspect of the business it may be approved based on the other use case content.
Third-Party Lead Generation Services and Marketing
- Companies that buy, sell, or share consumer information
- Affiliate lending
- Affiliate marketing
- Deceptive marketing
Any third-party use cases are strictly forbidden. Consent must be obtained directly from end-users. Any business with a terms of service or privacy policy that mentions sharing or selling consumer data/opt-in information is considered non-compliant.
Debt Collection or Forgiveness
- Third-party debt collection
- Debt consolidation
- Debt reduction
- Debt relief
- Credit/debt repair
“Third-party” means originating from any party other than the one who is owed the debt. For example, a hospital could send messages regarding bills for its own patients, assuming they provided opt-in to receive that messaging.
Third-party debt collectors may send transactional messages that consumers have directly opted in to; however, they cannot use SMS as a channel to collect a debt.
Debt consolidation, debt reduction, and credit repair programs are prohibited regardless if there is first-party consent.
“Get Rich Quick” Schemes
- Deceptive work-from-home programs
- Risk investment opportunities
- Pyramid schemes
- Mystery Shopping
- Multi Level Marketing (MLM)
This is different from outreach about employment as a result of compliant opt-in practices, messages from brokerages to their members, investment news alerts, or other investment-related messages.
Prescription Drugs
This includes any drugs that require a prescription. Offers for drugs that cannot be sold over-the-counter in the US/Canada are forbidden regardless if the business is a licensed professional.
Note that messaging campaigns that are non-compliant with carrier requirements may be subject to carrier penalties for the offending traffic. Content violating carrier policies may incur a $10,000 fine per violation.
