Let's continue our focus on the Mobile Marketing compliance rules and regulations of 2023 so you stay in good standing with the major mobile carriers while executing and delivering a complete program to your subscribers. (Catch up on our previous post, "Ensuring a Fully Compliant Program in 2023".)

Listrak is proud to be a member of the CTIA with an in-house team dedicated to Mobile Compliance and Tier 1 Aggregator partner to host top-performing, compliant programs for over 1,000 retailers.

This blog unpacks the compliance rules and regs of Acquisition at the time of subscription:

Acquiring subscribers for an SMS program comes with a specific set of rules to protect the subscriber/customer – so they know what they're consenting to receive and that the retailer and brand set clear expectations.

What Should Be On My Call To Action?

All points of subscriptions and Calls To Action much be clearly and "unambiguously" displayed. This means that you must clearly communicate your program's description and be easy to find and read. This includes mention of campaigns they may receive - i.e., new product announcements, event information, cart reminders, and more. Cart reminders or Shopping Cart Abandonment messages are critical to mention, as some carriers have specific requirements for this campaign type. Additionally, any incentive you decide to position to encourage subscription should be clear and compelling.  

Some specific disclosures must also be present on your Calls To Action, whether digital or print. They should be legible and located near where consent is given. You can't bury them or display them with tiny point sizes. In the unlikely event of an audit, the carriers need to be able to find everything as well.

Here's a checklist of items that should be included in your CTAs:

• FCC PEWC disclosures – Marketing messages will be recurring & automated; consent is not a condition of purchase
• "Message & data rates may apply"
• Message frequency disclosures – We suggest using "Message frequency varies"
• Customer care contact information – "Reply HELP for help"
• Opt-out instructions – "Reply STOP to cancel"
• Hyperlink to full Mobile Terms & Conditions, or URL if printed
• Hyperlink to full Privacy Policy, or URL if printed

What Should Be Sent To Confirm Subscription?

Along with delivering that coveted incentive promised on your Call To Action, there are additional requirements for those first messages a subscriber receives upon opting in. 

First is a strongly recommended adoption of a double opt-in flow from the TCPA. This is not a requirement across all program types today – but certain carriers require it, and when cart reminders are sent.

Your first text is a prompt to the contact to confirm their opt-in by replying Y or YES, and that must also include:

• Program name
• FCC PEWC disclosures – Marketing messages will be recurring & automated; consent is not a condition of purchase
• Hyperlink to full Mobile Terms & Conditions
• Mention of consenting to receive cart reminders

Then immediately upon giving consent with that double opt-in, your program welcome message/confirmation of subscription must include:

• Program name
• "Message & data rates may apply"
• Message frequency disclosures – Recommended to display "Message frequency varies"
• Customer care contact information – "Reply HELP for help"
• Opt-out instructions – "Reply STOP to cancel"

These messages should trigger right at the time of opt-in. You should not delay confirming subscription. Then you can immediately enter your contacts into a Welcome Series flow or send them broadcast messages.

Why Is Following Compliance So Important?

When running SMS Marketing programs, businesses must prioritize SMS compliance. Because an SMS program is only as strong as its list, it's critical to strive for consistent list growth and promote opt-in opportunities as much as possible. But companies face substantial penalties for violations of compliance rules in the process. Since the major mobile carriers approve programs before going live and perform ongoing audits, it's essential to follow their rules. Additionally, by remaining compliant, you ensure better experiences for your subscribers.

Get Started/ Have Additional Questions?

Listrak is here to ensure your SMS programs are fully compliant. We take compliance rules very seriously, and our team is dedicated to keeping you informed of changes, news, and updates needed for your programs. For more information and assistance, contact your Account Manager or get started with Listrak’s SMS.