OBTAINING CONSENT TO CONTACT MOBILE DEVICES
Marketers should obtain prior express written consent from existing and prospective customers before using automated dialing equipment to send Mobile Marketing to a Wireless device. When obtaining prior express written consent, marketers shall meet the following requirements:
- Before obtaining the consumer’s informed consent, the marketer should clearly and conspicuously disclose that the purpose of the agreement is to allow the marketer to make autodialed calls to the consumer’s Wireless telephone.
- The written agreement should evidence the consumer’s informed consent to receive autodialed calls by or on behalf of the specific marketer.
- The marketer shall not require that the consumer agree to receive prerecorded calls as a condition of purchasing any good or service.
- The marketer shall disclose that the individual’s consent allows the marketer to make autodialed calls to the person’s Wireless telephone and that providing consent is not a condition of any purchase.
- The agreement shall include the consumer’s telephone number and signature.
- Marketers may obtain the written agreement electronically in accordance with applicable laws such as the E-Sign Act.
PROVIDING NOTICE AND CHOICE ABOUT MOBILE MARKETING PRACTICES
Marketers that send or intend to send mobile messages should publish an easily accessible notice of their information practices (which includes but is not limited to a notice in their respective privacy policies) with regards to Mobile Marketing. The notice must include sufficient information to allow Individuals to make an informed choice about their interaction with the marketer. This should include, at minimum, any applicable terms and conditions, details of the marketer’s information handling practices and clear directions about how to unsubscribe from future solicitations.
The Mobile Marketing notice should be easy to find, read and understand on mobile screens, and should comply with existing DMA Guidelines. Of particular note, mobile marketers should review and comply with the Terms of the Offer (Part II, Section II, Articles 1-6, 8, 9), Advance Consent Marketing (Part II, Section III), Special Offers & Claims (Part II, Section IV), and Sweepstakes (Part II, Section V).
MOBILE OPT-OUT REQUESTS
Every Mobile Marketing message sent must include a simple and easy-to-use mechanism through which the individual can opt out of receiving future Mobile Marketing messages. Where possible, the opt-out mechanism provided should allow the Recipient to opt out via reply Text Message.
Where Individuals respond to a marketer indicating that they do not wish to receive future Mobile Marketing messages (e.g., an individual replies “STOP”), the marketer should honor the request. Mobile opt-out requests should be honored within 10 days of being.
SPONSORSHIP OR AFFILIATE MOBILE MARKETING
A marketer may include an affiliate or sponsorship message within a Mobile Marketing communication, providing that the Recipient has provided Prior Express Consent to receive Mobile Marketing communications from that marketer and that it is clear from the Mobile Marketing communication that the message has been sent by that marketer and not by the sponsor. A marketer should also comply with the Disclosure of Sponsor and Intent (Part II, Section II, Article 8).
LOCATION-BASED MOBILE MARKETING
Marketers sending Location-Based Mobile Marketing messages to Recipients should adhere to Part II, Section XII, Articles 1–3. In addition, marketers should inform Individuals how location information will be used, disclosed and protected so that the Individual may make an informed decision about whether or not to use the service or consent to the receipt of such communications. Location-Based information must not be shared with third-party marketers unless the individual has given Prior Express Consent for the disclosure.
MOBILE SUBSCRIPTION SERVICES AND PREMIUM-RATE MOBILE SERVICES
Mobile Subscription Services and mobile premium-rate products and/or services should be offered and delivered in accordance with DMA Guidelines, in particular the Terms of the Offer (Part II, Section II, Articles 1-6, 8, 9), Advance Consent Marketing (Part II, Section III), Special Offers & Claims (Part II, Section IV) and Sweepstakes (Part II, Section V). All advertising and marketing for Mobile Subscription Services or premium-rate mobile products/services should clearly define the service offered and outline the terms and conditions of the offer in accordance with these articles. Mobile Subscription Services or premium-rate mobile services should not be supplied unless the Recipient has actively requested to receive the specific service to be supplied. Further, Prior Express Consent should be obtained from a Recipient prior to supplying additional or separate Mobile Subscription Services and premium-rate mobile services at a subsequent date.
In accordance with Part II, Section III and Section XI, Article 4, and prior to sending or charging Recipients for Mobile Subscription Services and/or premium-rate mobile products/services, marketers should:
- Provide the Individual with an opportunity to see or hear the terms and conditions relating to the subscription service, including:
- The cost per unit or the total cost of the subscription or premium-rate service;
- The term of the subscription or premium-rate service;
- The frequency of the subscription or premium-rate service;
- Payment intervals;
- How to terminate the subscription or premium-rate service including any terms and conditions that apply to such termination.
- Obtain Prior Express Consent from Recipients to receive and be charged for said subscriptions, products and/or services.
- Inform Recipients in the initial offer and in renewal reminders of their right to cancel their participation in the plan, and include contact information within the initial and renewal messages that allows the Recipient to directly contact them.
- Provide renewal reminders at the frequency specified in the initial offer.
- Promptly honor requests for refunds due upon a consumer’s cancellation of the plan.
- Abide by Part II, Section IX and Section XI, Article 4, and take reasonable precautions and implement adequate technical accountability and authentication measures to ascertain that:
- The mobile phone number or email address provided indeed belongs to the intended Recipient of the subscriptions, products or services; and
- Periodically, and not less than once a month, include contact information within the Mobile Subscription Service message or premium-rate mobile service message that allows the individual to directly contact the marketer.