Complex use cases
2FA
Authentication programs, such as two-factor authentication (2FA), multi-factor authentication (MFA), and one-time passcode (OTP), are used over SMS to assist in the authentication of a user account for security purposes.
HELP and STOP are still required to function on a 2FA/MFA/OTP program.
2FA is not required to be received using SMS and there should be an alternative means to validate accounts for users that do not wish to use SMS, for example, email, verbal, and so on.
Abandoned shopping cart notifications (ASCN)
Messages sent using SMS to opted-in users after placing an item in their cart and not completing the check out.
The Call-to-Action and Terms & Conditions must disclose that this messaging program includes ASCN.
A double opt-in is required, and the double opt-in message content must clearly inform the user that this includes ASCN.
The Privacy Policy must explicitly state how information is captured by the e-commerce site to determine when a consumer cart has been abandoned (for example, website cookies, plugins, and more).
Debt collection
Programs for payment reminders and/or account notifications related to an outstanding debt are allowed.
Consent must be granted to the direct owner of the debt.
Messages formatted as payment reminder programs with no "debt collection language" are allowed. Example: "You have an upcoming bill of $ XX.XX due on XX/XX."
Third-party debt collection is only allowed for programs sending payment reminders and that have obtained direct consent. Example: “Your scheduled payment on your (Lender) for $ will occur on MMDDYY using your payment method ending in ####. Click the following link to self-service your account: (LINK). Reply STOP to opt-out.”
Marketing messages are disallowed for this use case.
Loan campaigns
Any campaign sending messages related to loans.
Only programs for the direct lender are considered, and the message sender must be the loan originator.
The mobile Call-to-Action (CTA) or web opt-in must be separate from the end user signing up for the application or loan.
Verbal opt-in is not allowed for loan-type campaigns.
End-user information must not be shared with third parties or affiliate marketers.
Marketing of "high risk" type loans is not allowed.
Political campaigns and donations
Any campaign sending messages that promotes political candidates, parties, causes and/or requests fundraising for a political candidate, party or cause.
If the political campaign also supports donations, the following must be provided:
Politician or organization name
Politician or organization website
FEC ID, required if the candidate or organization is involved in a federal-level election and donations will be solicited.
State Committee ID, required if the candidate or organization is involved in a state-level election and donations will be solicited.
A valid Call-to-Action (CTA) and clear product description within the CTA disclosures and the Terms & Conditions, which clearly discloses that donations will be solicited.
Example Mobile Terminated (MT) message for donation messaging, including the URL.
Opt-in examples
Keyword advertisement
The keyword advertisement must contain the following elements:
Keyword for opt-in
Short Code #
Types of messages being sent
Msg & data rates may apply disclosure
Msg freq varies disclosure
Reply HELP for help
Reply STOP to opt out
URL link to the Terms & Conditions
URL link to the Privacy Policy
Example keyword advertisement:
Webform with multiple opt-ins
A webform that’s used to collect phone numbers for SMS and/or voice calls as well as email/SMS can be used for short code programs as long as the disclosure verbiage clearly states what the end user is opting in to by providing the information.
The Phone Number field must be optional.
And/or verbiage is present in the disclosures.
Adding in checkbox(es) is a compliant way to separate out the types of communication and different use cases – ensuring the end user can choose any or all.
CTA example for SMS and/or voice with checkbox(es):