The MMA/CTIA Guidelines

The Mobile Marketing
Association’s (MMA) U.S. Consumer Best
Practices for Messaging (the “Guidelines”) are the telemarketing industry’s
standard guidelines for Short Message Service (“SMS”) marketing campaigns. 

The Cellular Telecommunications
Industry Association (the “CTIA”) enforces the Guidelines by auditing the
telemarketing practices of SMS program sponsors.  Although the Guidelines are not law (like the
Telephone Consumer Protection Act ( “TCPA”) and Telemarketing Sales Rule (“TSR”)),
the CTIA reports non-compliant SMS programs and providers to the major wireless
carriers, which can choose to shut down or suspend the questioned marketing
endeavors.

This Practice Guide
offers a non-exhaustive, concise source of information to assist SMS marketers
in navigating the Guidelines.  Please
note that each SMS program is unique, and auditing standards often differ from
carrier to carrier.  Telemarketers
seeking guidance tailored to their specific needs should speak to an attorney
with experience in this field.

Advertising/Call
to Action

Pursuant to the
Guidelines, advertising for SMS marketing campaigns should contain:

·        
The program name;

·        
Product description;

·        
The frequency of messaging;

·        
URL to the sponsor’s Terms and Conditions;

·        
Opt-out (STOP) instructions (in bold if a recurring program);

·        
HELP instructions; and

·        
A disclosure that “Message and Data Rates
May Apply.”

Sample
Advertising Language:[1]

Terms
and Conditions

For the purposes of the
CTIA/MMA, the Terms and Conditions webpage should include:

·        
The sponsor name or program information;

·        
Customer service contact information
(toll-free number, email address or web submission form);

·        
The frequency of messaging;

·        
HELP instructions (in bold);

·        
Opt-out (STOP) instructions (in bold);

·        
A disclosure that “Message and Data Rates
May Apply”; and

·        
All other material terms and conditions of
the program.[2]

HELP
Response Messages

Program subscribers
should be able to receive help information by texting the keyword HELP to the
program short code.  HELP response text messages
should contain:

·        
Program or sponsor name;

·        
Description of the program;

·        
The frequency of messaging;

·        
Toll-free number and web address
for support;

·        
Opt-out (STOP) instructions; and

·        
A disclosure that “Message and Data Rates
May Apply.”

Opt-Out
(STOP) Response Messages

Content providers should
offer subscribers the opportunity to cancel the service at any time by texting
STOP to the short code used for that program.  Telemarketers need only advertise the STOP
keyword, but END, CANCEL, UNSUBSCRIBE and QUIT should also function as opt-out
keywords.

The Guidelines also
require the delivery of an opt-out text message.  When the user sends an opt-out keyword, the
program is supposed to respond with a text message indicating: (1) the specific
program that the subscriber has opted out of; and (2) that no further text messages
will be sent.  However, telemarketers
should be advised that some jurisdictions have interpreted opt-out confirmation
text messages as violations of the TCPA. 

Confirmation
and PIN Code/“Reply Yes” Messages

Under the Guidelines,
telemarketers may send a confirmation text message following opt-in to a
single-message program, and must send a confirmation text message
following opt-in to a recurring-message program.  Confirmation text messages should contain:

·        
Program or sponsor name;

·        
Service description;

·        
The frequency of messaging;

·        
HELP instructions;

·        
Opt-out (STOP) instructions; and

·        
A disclosure that “Message and Data Rates
May Apply.”

If web-based
opt-in is used for a recurring SMS program, telemarketers should first
verify that the subscriber is in possession of the phone before sending a
confirmation text message.  The
Guidelines suggest that providers accomplish this by sending a PIN code or
“Reply YES” message, which should include:

·        
Program or sponsor name;

·        
PIN code or “Reply YES” instructions;

·        
The frequency of messaging;

·        
HELP instructions; and

·        
A disclosure that “Message and Data Rates
May Apply.”

If any user is inactive
in any recurring text message program for eighteen months, the subject opt-in
should expire.

“Program
Content” Messages

Once users have opted
into an SMS campaign, compliance disclosures such as “msg&data rates may
apply,” HELP and opt-out (STOP) information are not required in program
content messages. 

Reminder
Messages

The Guidelines do not
require reminder text messages for one-time message programs.  However, some carriers require sponsors to deliver
a reminder message to recurring program subscribers every 30 days, which should
include:

·        
Program or sponsor name;

·        
Description of the program;

·        
The frequency of messaging;

·        
HELP instructions;

·        
Opt-out (STOP) instructions; and

·        
A disclosure that “Message and Data Rates
May Apply.”