opt in and opt out rules
Post on 23-Jan-2017
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HOW TO OPT IN SMS SUBSCRIBERS L E G A L L Y
You don’t want to be him. Learn and follow the
SMS Opt In & Opt Out Rules
I have NEVER signed up to receive TEXT alerts from you. Why are you sending unsolicited message? How do I stop it?
Definition of an Unsolicited Message★ Messages delivered without
prior express written consent from the user or account holder, and
★ Messages sent after a user has OPT OUT
What are the penalties for sending unsolicited messages?
$500 TO $1,500 PER unsolicited message and
potential damage may escalate very quickly to a large class action lawsuit
In the news…
Google's Settles SMS Spam Lawsuit For $6 Million
Papa John’s faces a $250 million class-action lawsuit for blasting customers with unsolicited text messages
The Coca-Cola Company SMS Spam Class Action Lawsuit
Steve Madden $10 Million class action settlement
Heartland Automotive (a large Jiffy Lube franchisee) settles a spam text message class action for $50 million
Settled for $16.5 million
and more….
Compliance Framework
CTIA requires all shortcode (commercial SMS gateway) programs
to comply with a basic code of conduct that promotes the best possible user experience for all SMS program types.
Industry Regulator and an auditor for SMS programs
HOW TO BUILDA FOOL PROOFOPT-IN SYSTEM
The OPT IN for shortcode text programs must comply with all legal and regulatory requirements.
Telephone Consumer Protection Act Federal Communication Commission
OPT IN Rules and
Regulations
Rules and Regulations
All disclosures present in Calls-to-Action, Advertisements, Terms & Conditions, and Messaging must be consistent, accurate and clear throughout the user experience
OPT IN
OPT IN
By opting in, the user authorizes the SMS content provider to deliver SMS to the user,using a shortcode
Required Disclosures
And
OPT IN
The user is not required to Opt In as a condition of purchasing any properties, goods, or services.
Required Disclosures
OPT IN
All OPT IN & OPT OUT requests should be retained from the time a user initiates OPT IN until a minimum of six months after the user has opted out of a program.
Record Keeping
OPT IN
Single-Message Programs deliver a one-time message in response to user OPT IN requests.
Single-Message Programs
OPT IN
• Informational alert• Purchase receipt• Delivery notifications• Two-factor authentication
ExamplesSingle-Message Programs
OPT IN Quick Reference
Requirements Description
Call to Action• Text service description • Complete T’s & C’s or a link to T’s & C’s • Complete privacy policy or link to privacy policy • “Message & data rates apply” disclosure
Clear and simple disclosure to ensure a consumer consents to receive a message from the sender and understands the nature of the program
Terms andConditions
• Text program identification • Text service description • Customer service contact information • “Message & data rates apply” disclosure
Comprehensive terms and conditions beneath the Call-to-Action, or must be accessible from a link or a popup presented near the Call-to-Action
Opt-In • Consumer’s affirmative opt-in The consumer must actively opt in to single message program
Message Flow
CONFIRMATION MT• Program or product name
HELP MT• Program or product Name • Customer care contact information
OPT OUT MT• Program or product name • Confirmation that no further messages will be
delivered
Single Message programs are not required to display HELP and STOP keywords, however must support HELP and STOP commands
Single-Message Programs
Googlehttp://domain.comCall to Action Pop Up
OPT IN Program ExampleSingle-Message Programs
Text special to 12345 for 25% off on your next purchase
Message & Data Rates Apply.
My Fav ShopMFS
Terms & Conditions Privacy Policy
Confirmation MessageMy Fav Shop: Use coupon code SFEF
at the register for 25% off your purchase
HELP ResponseThank you for texting My Fav Shop.
For info call 1-800-555-1212
Opt Out MessageYou are not subscribed to any My Fav Shop
subscription services. You will receive no more message.
Flyer, Pop-up, etc.
Call-to-Action
OPT IN Program ExampleSingle-Message Programs
Googlehttp://domain.comCall to Action Web Page
Enter your mobile number to confirm your passcode reset.
Message & Data Rates Apply.
Passcode Reset Request Processed
Terms & Conditions Privacy Policy
Confirmation MessagePasscode reset: Your passcode is 2345.
Enter it online to reset your password.
HELP ResponseYou have reset your password. Enter your
passcode to confirm reset. For help call 1-800-555-1212 for Passcode reset.
Opt Out Message
Passcode reset: You will receive no more messages from shortcode 12345
Website
You will receive one message with a passcode.
Enter
Call-to-Action
OPT IN Recurring-Message
Programs
Recurring-Message Programs deliver multiple frequent messages in response to user OPT IN requests.
OPT IN
• Content or information alert subscription (e.g., horoscopes, news, weather)
• Flight status notifications (multiple messages)
• Marketing and loyalty campaigns
ExamplesRecurring-Message Programs
OPT IN Quick Reference
Requirements Description
Call to Action• Text service description • Service delivery frequency • Complete T’s & C’s or a link to T’s & C’s • Complete privacy policy or link to privacy policy • “Message & data rates apply” disclosure
Clear comprehensive disclosure to ensure a consumer consents to receive a message from the sender and understands the nature of the program
Terms andConditions
• Text program identification • Service delivery frequency • Text service description • Customer service contact information • Opt Out instructions in bold type • “Message & data rates apply” disclosure
Comprehensive terms and conditions beneath the Call-to-Action, or must be accessible from a link or a popup presented near the Call-to-Action
Opt-In• Consumer’s affirmative opt-in • Handset verification for non-mobile Opt In (i.e.,
MO from consumer’s handset)
Recurring-messages programs should send two messages for all non-mobile opt-ins.
Recurring-Message Programs
OPT IN Quick Reference
Requirements Description
Message Flow
OPT IN MT (non mobile Opt In)• Program or product name • HELP information • Response command or PIN
CONFIRMATION MT• Program or product name • Opt Out information • Customer care contact information • Frequency or recurring messages disclosure • “Message & data rates apply” disclosure
HELP MT• Program or product name • Customer care contact information
OPT OUT MT• Program or product name • Confirmation that no further messages will be
delivered
Recurring Message programs must advertise HELP and STOP keyword commands, They also have the most requirements for service messaging.
Recurring-Message Programs Cont.
Googlehttp://domain.comCall to Action Pop Up
OPT IN Program ExampleRecurring-Message Programs
Text VIP to 12345 for a weekly members only discounts.
Message & Data Rates Apply.
My Fav ShopMFS
Terms & Conditions Privacy Policy
Confirmation MessageMy Fav Shop VIP weekly special alerts. Reply STOP to cancel at any time. For help call 1-800-55-1212
or reply HELP. Msg&data rates apply
HELP ResponseMy Fav Shop VIP weekly special alerts. Contact us at 1-800-555-1212 or visit
www.mydomain.com
Opt Out MessageYou have opt out of My Fav Shop VIP alerts.
You will receive no more messages from shortcode 12345
Website
Subscribe to VIP Member Alerts!
Call-to-Action
0:00 / 4:59
OPT IN Program ExampleRecurring-Message Programs
Text VIP to 12345 for a weekly discounts.
Message & Data Rates Apply. Go to www.domain.com/terms for Terms & Conditions and Privacy
My Fav ShopMFS
Confirmation MessageMy Fav Shop VIP weekly discount alerts. Reply STOP
to Opt Out. For help call 1-800-55-1212 or reply HELP. Msg&data rates apply
HELP ResponseMy Fav Shop VIP weekly special alerts. Contact us at 1-800-555-1212 or email
us at support@domain.com
Opt Out MessageYou have opt out of My Fav Shop VIP alerts.
You will receive no more messages from shortcode 12345
Video Ad
Subscribe to VIP Member Discounts!
Call-to-Action
OPT IN Program ExampleRecurring-Message Programs
Confirmation MessageMy Fav Shop VIP weekly discount alerts. Reply STOP
to Opt Out. For help call 1-800-55-1212 or reply HELP. Msg&data rates apply
HELP ResponseMy Fav Shop VIP weekly special alerts. Contact us at 1-800-555-1212 or email
us at support@domain.com
Opt Out MessageYou have opt out of My Fav Shop VIP alerts.
You will receive no more messages from shortcode 12345
Point-of-Sale
Program T’s & C’s and Privacy available from the representative.
Opt In MessageMy Fav Shop VIP weekly discount alerts. Reply YES
to confirm your Opt In to receive weekly alerts. or reply HELP. Msg&data rates apply
Do you want to sign up for our VIP text alert program? We’ll send an Opt In message to your phone. Message and data rates apply. You can stop anytime by replying STOP.
Sure, my mobile number is 1-214-555-1212
OPT IN Other ProgramsQuick Requirement Guide
Machine-to-Machine (M2M) ProgramsM2M Programs only need keep an updated program brief on file with the CSCA and the wireless carriers
Free-to-end-user (FTEU) ProgramsSubject to same requirement as standard one-off and recurring messages, except disclosing that “message and data rates apply”.
OPT IN Other ProgramsQuick Requirement Guide
Charitable Donation ProgramsSubject to additional regulations, visit http://goo.gl/7OkYxn. Conform to Premium SMS guideline.
Political Donation ProgramsSubject to additional regulations, visit http://goo.gl/oVYY8m. Conform to Premium SMS guideline.
HOW TO BUILDA FOOL PROOFOPT-OUT SYSTEM
Text programs must always acknowledge and respect customers’
request to OPT OUT of programs.
OPT OUT Rules and
Regulations
Shortcode programs must respond to the universal keywords:
OPT OUT Rules and
Regulations
by sending an OPT OUT confirmation message.
STOP ENDCANCEL UNSUBSCRIBE QUIT
Service providers must scan MO (inbound) message logs regularly to identify Opt Out attempts and terminate the subscription, regardless of whether the subscribers used the correct OPT OUT keywords.
OPT OUT Rules and
Regulations
REMOVE OPT OUT UNSUBI din
’t sin
g up
OPT OUT information must be displayed in bold type on the Call-to-Action advertisement.
OPT OUT Rules and
Regulations
Reply STOP to cancel. For help, reply HELP.
OPT OUT Opt Out Example
Mobile Opt Out
STOP
You have opt out of My Fav Shop VIP alerts. You will receive no more messages from shortcode 12345
CustomerService Opt Out
Please STOP sending me text alerts.
Your number has been removed from our alert system. You will receive no more messages from shortcode 12345
OPT OUT Opt Out Example
Web Opt Out eMail Opt OutGooglehttp://domain.com
Call to Action Web Page
Enter your mobile number to Opt Out
Message & Data Rates Apply.
OPT OUT
Terms & Conditions Privacy Policy
You will receive one message with an Opt Out Confirmation.
Enter
It is a good practice to process these immediately
HELP HELP Request
Text programs must ALWAYS respond to customer care requests
At a minimum, the HELP keyword must return the text program name and further information about how to contact service providers
HELP and INFO
Inbound Keyword
HELP Customer Care
Customer care contact information must be clear and readily available to help users understand the text program details as well as their status with the program.
HELP Customer Care Options
• Toll free number• Live service rep• Message recording• 24-48 hour response time
• Support eMail• 24-48 hour response time
PRIVACY Privacy Policy
• Privacy policy must be accessible from the initial Call-to-Action
• Privacy policy link must be labeled clearly
T’s&C’s Terms & Conditions
Terms and Conditions disclosure must provide up-to-date, accurate information about program details and functionality
CONTENT Text Program
Content
• All content associated with a shortcode text program must be approved by all wireless operators
• accurate records must be maintained in wireless operator systems and the CSCA registry
and
HOW TO BUILD A FOOL PROOF SMS CAMPAIGN
L E T ’ S R E F R E S H O U R M E M O R Y O N …
1Describe the SMS programCLEARLY
I hereby consent to receive 2SMS BENEFITS text alert messages from or on behalf of 2sms at the mobile number provided above. I understand that consent is not a condition of purchase. Message and data rates apply. Message frequency 4 per month. For help and opt out instruction visit www.2sms.com/campaign or contact us at 877-276-7266.
2Provide the name of the SENDER
I hereby consent to receive 2SMS BENEFITS text alert messages from 2SMS LLC or on behalf of 2SMS at the mobile number provided above. I understand that consent is not a condition of purchase. Message and data rates apply. Message frequency 4 per month. For help and opt out instruction visit www.2sms.com/campaign or contact us at 877-276-7266.
3Do Not PRE-CHECK the box when using form or website
I hereby consent to receive APPOINTMENT REMINDER text alert messages from ABC COMPANY or on behalf of 2sms at the mobile number provided above. I understand that consent is not a condition of purchase. Message and data rates apply. Message frequency 4 per month. For help and opt out instruction visit www.2sms.com/campaign or contact us at 877-276-7266.
X
4Indicate FREQUENCYof SMS you will be sending
I hereby consent to receive 2SMS BENEFITS text alert messages from 2SMS LLC or on behalf of 2SMS at the mobile number provided above. I understand that consent is not a condition of purchase. Message and data rates apply. Message frequency 4 per month. For help and opt out instruction visit www.2sms.com/campaign or contact us at 877-276-7266.
5Disclose additional wireless carrier messaging COST
I hereby consent to receive 2SMS BENEFITS text alert messages from 2SMS LLC or on behalf of 2SMS at the mobile number provided above. I understand that consent is not a condition of purchase. Message and data rates apply. Message frequency 4 per month. For help and opt out instruction visit www.2sms.com/campaign or contact us at 877-276-7266.
6Provide how to OPT-OUT instruction
Alternate Opt-out words: Quit, Stop, Cancel, Unsubscribe, Remove, End
I hereby consent to receive 2SMS BENEFITS text alert messages from 2SMS LLC or on behalf of 2SMS at the mobile number provided above. I understand that consent is not a condition of purchase. Message and data rates apply. Message frequency 4 per month. For help and opt out instruction visit www.2sms.com/campaign or contact us at 877-276-7266.
7Provide how to get HELP
I hereby consent to receive 2SMS BENEFITS text alert messages from 2SMS LLC or on behalf of 2SMS at the mobile number provided above. I understand that consent is not a condition of purchase. Message and data rates apply. Message frequency 4 per month. For help and opt out instruction visit www.2sms.com/campaign or contact us at 877-276-7266.
RECAP
Don’t do this!
If you are not 100% clear on Opt In and Opt Out rules and regulations………
RECAP
Do this!
Consult an industry expert and educate yourself before implementing your SMS campaign.
Resources
• Mobile Marketing Association (MMA)
• CTIA The Wireless Association• Telephone Consumer Protection Act (TCPA)
• Federal Communication Commission
• US & Canada Wireless Carriers
Warning
The guideline for shortcode programs evolve continually and the wireless operators change their rules without notice.
It is your responsibility to reduce your risk by educating yourself and seek an industry expert to guide your SMS campaigns.
GET MORE HELPFROM VICTORIA & NATHAN
support-us@2sms.com
http://www.2sms.com
1-877-276-7266
–Victoria Roberts
2sms is an enterprise SMS application provider. We help great companies navigate the SMS industry and integrate SMS into their existing communication system to engage people and then turn that engagement into revenue.
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