Mobile Messaging Legal Guidelines

There are many important rules and guidelines to be aware of when sending mobile messages as a marketing practice. Please take the time to review the information below.


Shortcodes
Short codes are designed to be easier to read and remember than telephone numbers. These codes are seen as more efficient for mass communications. Some shortcodes may be shared by multiple users- these are called “shared shortcodes”. 


Longcodes
A single long code cannot send more than 200 messages per day. Additionally, constantly using keywords or URLs in the body of a longcode message is likely to cause the number to be blocked. For these reasons, longcodes are primarily recommended for 1:1 communications.


TCPA Mobile Messaging Guidelines
The TCPA (Telephone Consumer Protection Act) is a federal statute enacted in 1991 designed to safeguard consumer privacy. This legislation restricts telemarketing communications via voice calls, SMS texts, and fax. 

  • Prior consent needs to be obtained before making mobile oriented contact. Never contact a customer who hasn’t consented to receive messages. This also includes opt-in from text, email, or electronic signatures. Organizations also need to retain records of consent. 
  • Contacts need to be able to opt-out of mobile programs at any time and this process must be simple. For mobile messaging, companies should have opt-out configured so if customers respond to messages with “STOP”, “END”, “UNSUBSCRIBE”, “CANCEL”, and “QUIT”. This makes opt-out for customers easy and intuitive.
  • Legal content and a description of the mobile program should be available at all times and be accessed by sending “HELP” to the number.
  • Fee disclosure must be included (ex: “Message and data rates may apply”).
  • Messages can only be sent between 8 AM and 9 PM. Time zones are determined by zip or area code. 

MMA Mobile Messaging Guidelines
The MMA (Mobile Marketing Association) established guidelines and evangelized the use of the mobile channel for marketers. 

  • If the content provider wants to run a modified or new program on a short code, they must submit the program to be approved by the mobile carrier. 
  • If web based opt-in is utilized, double opt-in is required. This means that a text message needs to be sent from the website to the phone number opt-ing in. This is used to ensure that the consumer wants to receive texts on that mobile device.
  • Subscribers to a short code can be transferred to a new shortcode without a new opt-in as long as the content and quantity of messages remain the same.

Forbidden Message Categories

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. Sending messages containing these categories may result in fines, suspension, or termination of your mobile program.  

  • Illegal Substances/Articles
  • S.H.A.F.T Use Cases and Electronic Smoking
  • Gambling
  • High-Risk Financial Services
  • Third-Party Lead Generation Services and Marketing
  • Debt Collection or Forgiveness
  • “Get Rich Quick” Schemes
  • Prescription Drugs

To learn more about these forbidden categories in-depth, you can consult our article here.


Age Restrictions 
There are additional rules when marketing to children that must be adhered to.

  • SHAFT (Sex, Hate, Alcohol, Firearms, Tobacco) rules must be followed at all times. Content that falls under these categories can NEVER be marketed to children. Marketing any mature content to children must be avoided.
  • The marketing of unhealthy foods to children should be limited.
  •  In accordance to COPPA (Children’s Online Privacy Protection Rule), personal data (addresses, last names, birthdays, etc.) cannot be collected for any child that is under the age of 13.
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Updated on July 31, 2023

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