The SMS marketing Code of Conduct issued by the Mobile Marketing
Association encourages companies to regulate their SMS marketing
programs. Companies should provide customers with security protections
as well as choice regarding the marketing messages that they receive.
To guarantee the best mobile user experience while protecting
customers' privacy rights, the Mobile Marketing Association developed
Code of Conduct for SMS marketing. By following best practices,
businesses will keep text message marketing spam-free and will reduce
instances of consumer backlash or regulatory oversight. The five
elements of the Code of Conduct include notice, choice and consent,
customization and constraint, security and enforcement and
accountability.
Notice
Consumers should have
sufficient information to make choices about enrolling in marketing
programs. Marketers should provide information about the terms and
conditions of the program as well as the products and services that are
offered. Users should know ahead of time what types of text message
communications they will receive and how often they should expect to
receive messages.
Choice and Consent
Consumers should
have the ability to control the quantity of messages that they receive.
An easy-to-follow opt-in and opt-out process should be prominently
explained on the web form or on the SMS opt-in form. In addition,
businesses should offer opt-out instructions regularly when they send
text message communications to their customers.
Customization and Constraint
Consumers deserve relevant and responsible messages. Marketers will use
information collected about customers to segment their offerings and to
create a personalized customer experience. At the same time, any
information that the company collects should be treated responsibly and
with sensitivity. Only messages that provide value to the user should
ever be sent to a user's mobile phone.
Security
Customers deserve to know that their personal information is kept
private. In the words of the MMA, companies should implement "reasonable
technical, administrative and physical procedures" designed to protect
user information. No sensitive information like names or cell phone
numbers should be disclosed or changed for unauthorized purposes.
Enforcement and Accountability
While there is no governing authority that regulates SMS marketing,
companies have an obligation to abide by certain rules of conduct.
Messages should comply with federal and state laws and should always
disclose any text or data rates that may apply. Also, companies should
require participants to be 18 years of age or older or to have parental
permission. Subscribers should be able to use the keywords STOP and HELP
to either opt out of messaging or to find out more information. In
addition, companies should never sell their mobile opt-in lists.
The MMA Code provides guidelines concerning premium rate charges and
subscriptions. In addition, the Code discusses guidelines for
sweepstakes and contests, charitable giving and chat programs. By
keeping SMS programs user-friendly and free of complications, businesses
will both guarantee a positive customer experience and continue to
promote trust in text messaging campaigns.