Ensuring your mobile program is compliant is an important step in setting up your campaigns. Non-compliant mobile programs can be subject to repercussions from mobile carriers and even termination of your program.
Below you will find an at-a-glance guide to SMS Compliance. For additional guidance, please contact your Account Manager.
Compliance for Subscription Programs
Call to Action (CTA)
Product Description
Reference cart reminders (if included in your program)
Message Frequency
Msg&Data rates may apply
Opt Out instructions, including STOP keyword
Privacy policy or link to policy
Complete Terms & Conditions or link to T&C
FCC PEWC disclosures (Recommended)
Subscription Prompt
⚠️ This is required for programs that include cart reminder messages. For all others this is optional.
Program (brand) name or product description
Reference cart reminders (if included in your program)
Response Command (Reply Y)
Complete Terms & Conditions or link to T&C (Recommended)
FCC PEWC disclosures (Recommended)
Welcome Message
Program (brand) name or product description
Message Frequency
Msg&Data rates may apply
Reply STOP to cancel
Customer service contact information (reply HELP for help, website information, or phone number)
Ongoing Broadcast Messages
Program (brand) name or product description
Opt out information and customer service (reply Stop to Cancel; Help for help) messaging included montly
Opt out and customer service information must be included in cart reminders
Compliance for Mandatory Messaging
Some compliance messaging must be sent at a specific cadence or contain specific information in certain types of messages.
Help Messages
Program (brand) name or product description
Customer service contact information - email address, toll free phone number, or website information
Stop Messages
💡 These can also be triggered by texting Cancel, End, Unsubscribe, or Quit
Program (brand) name or product description
Confirm no additional messages will be sent
Compliance for Terms & Conditions
💡 Full terms and conditions can be included beneath a CTA or a link to the full terms and conditions can be located near the CTA.
Program (brand) name and/or product description
Reference cart reminders (if included in your program)
Msg&Data rates may apply
Customer Support contact information
"The mobile carriers are not liable for delayed or undelivered messages"
Additional Compliance for Subscription Programs
Message Frequency
Opt-Out instructions, including STOP keyword
Additional Recommendations
FTC PEWC disclosures
Language indicating that a subscriber must notify you in the event their number is changed or deactivated
Changes of terms clause indicating the ability to change message frequency at any time
Privacy statement or link to privacy policy
Language indicating that texting STOP is the exclusive means to opt out
FCC Compliance
Prior Express Written Consent (PEWC)
PEWRC applies to all recurring marketing programs as well as any one-off programs that will be sending more than one message, delayed messaging, and/or additional marketing content. To obtain PEWC, a user must:
Authorize the delivery of autodialed marketing messages
Unambiguously agree to receive texts at a phone number they designate
Be notified that they are not required to entre the agreement as a condition of purchasing any property, goods, or services
Provide a signed written agreement (under the e-sign act, an electronic sound symbol or process applies)
Example Message Copy: "Autodialed marketing messages will be sent to the number used at opt-in. Consent is not a condition of purchase."
⚠️ Please treat the above copy as suggestions. All recommendations should be reviewed and approved with your legal team.
Additional Information on Cart Reminder Text
Cart reminder texts must be delivered within 48 hours
Only one text reminder may be sent per cart abandonment, per subscriber
Cart reminders must not result in the brand completing a transaction on behalf of the customer or process payment
The customer must complete the transaction themselves via a URL within the message to the ecommerce website
Privacy policy must explicitly state how information is captured by the site to determine (or define) when a cart has been abandoned (e.g. cookies or plugins)
Additional Information
Sweepstakes and contest CTAs should provide a link to the official rules and should reference where the free means of entry can be found
Enrolling a user in multiple programs based on a single opt-in is prohibited. You must receive consent for each program separately
Web CTAs should provide hyperlinks for Terms & Conditions and Privacy Policy
A standard rate program should not be promoted as "free" in the CTA as msg&data rates may apply