opt in and opt out rules

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HOW TO OPT IN SMS SUBSCRIBERS LEGALLY

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Page 1: Opt in and opt out rules

HOW TO OPT IN SMS SUBSCRIBERS L E G A L L Y

Page 2: Opt in and opt out rules

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?

Page 3: Opt in and opt out rules

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

Page 4: Opt in and opt out rules

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

Page 5: Opt in and opt out rules

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….

Page 6: Opt in and opt out rules

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

Page 7: Opt in and opt out rules

HOW TO BUILDA FOOL PROOFOPT-IN SYSTEM

Page 8: Opt in and opt out rules

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

Page 9: Opt in and opt out rules

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

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OPT IN

By opting in, the user authorizes the SMS content provider to deliver SMS to the user,using a shortcode

Required Disclosures

And

Page 11: Opt in and opt out rules

OPT IN

The user is not required to Opt In as a condition of purchasing any properties, goods, or services.

Required Disclosures

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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

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OPT IN

Single-Message Programs deliver a one-time message in response to user OPT IN requests.

Single-Message Programs

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OPT IN

• Informational alert• Purchase receipt• Delivery notifications• Two-factor authentication

ExamplesSingle-Message Programs

Page 15: Opt in and opt out rules

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

Page 16: Opt in and opt out rules

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

Page 17: Opt in and opt out rules

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

Page 18: Opt in and opt out rules

OPT IN Recurring-Message

Programs

Recurring-Message Programs deliver multiple frequent messages in response to user OPT IN requests.

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OPT IN

• Content or information alert subscription (e.g., horoscopes, news, weather)

• Flight status notifications (multiple messages)

• Marketing and loyalty campaigns

ExamplesRecurring-Message Programs

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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

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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.

Page 22: Opt in and opt out rules

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

Page 23: Opt in and opt out rules

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 [email protected]

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

Page 24: Opt in and opt out rules

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 [email protected]

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

Page 25: Opt in and opt out rules

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”.

Page 26: Opt in and opt out rules

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.

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HOW TO BUILDA FOOL PROOFOPT-OUT SYSTEM

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Text programs must always acknowledge and respect customers’

request to OPT OUT of programs.

OPT OUT Rules and

Regulations

Page 29: Opt in and opt out rules

Shortcode programs must respond to the universal keywords:

OPT OUT Rules and

Regulations

by sending an OPT OUT confirmation message.

STOP ENDCANCEL UNSUBSCRIBE QUIT

Page 30: Opt in and opt out rules

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

Page 31: Opt in and opt out rules

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.

Page 32: Opt in and opt out rules

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

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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

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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

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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.

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HELP Customer Care Options

• Toll free number• Live service rep• Message recording• 24-48 hour response time

• Support eMail• 24-48 hour response time

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PRIVACY Privacy Policy

• Privacy policy must be accessible from the initial Call-to-Action

• Privacy policy link must be labeled clearly

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T’s&C’s Terms & Conditions

Terms and Conditions disclosure must provide up-to-date, accurate information about program details and functionality

Page 39: Opt in and opt out rules

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

Page 40: Opt in and opt out rules

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 …

Page 41: Opt in and opt out rules

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.

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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.

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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

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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.

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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.

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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.

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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.

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RECAP

Don’t do this!

If you are not 100% clear on Opt In and Opt Out rules and regulations………

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RECAP

Do this!

Consult an industry expert and educate yourself before implementing your SMS campaign.

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Resources

• Mobile Marketing Association (MMA)

• CTIA The Wireless Association• Telephone Consumer Protection Act (TCPA)

• Federal Communication Commission

• US & Canada Wireless Carriers

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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.

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GET MORE HELPFROM VICTORIA & NATHAN

[email protected]

http://www.2sms.com

1-877-276-7266

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–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.