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:
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).
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.
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).
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 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: