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 monthly

  • Opt out instructions 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

  • Opt out instructions (Reply STOP to cancel)

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

  • 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

  • A messaging program with cart reminders must include a double opt-in via text

    • Double opt-in text language must include reference to cart reminders.

  • Cart reminder messages must include STOP to opt-out instructions

  • 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

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