Understanding Prohibited Content on SMS
Short Message Service (SMS) provides a robust platform for communication, but with its capabilities come stringent regulations. To ensure that this mode of communication remains effective and ethical, there are several categories of prohibited content that users and businesses should be aware of. Let's delve into these categories and understand them in detail:
1. High-risk Financial Services
Examples:
- Payday loans
- Short term high-interest loans
- Third-party auto loans
- Third-party mortgage loans
- Student loans
- Cryptocurrency
Notes:
A "third-party" refers to an entity different from the one servicing the loan. It's essential to note that messages featuring financial investment advice, loan information, refinancing options, or links to donation sites are disallowed. However, legitimate financial institutions might employ SMS for alerts related to suspicious card activities, appointment reminders, and other transactional messages.
2. Third-party Lead Generation Services
Examples:
- Companies involved in buying, selling, or sharing consumer information.
Notes:
The sharing or selling of consumer data is strictly forbidden. Only businesses with express consent from the consumer can send them SMS. Furthermore, "cold" outreach, which involves reaching out to potential clients without prior contact, is prohibited.
3. Debt Collection or Forgiveness
Examples:
- Third-party debt collection
- Debt consolidation
- Debt reduction
- Credit repair programs
Notes:
The majority of debt-related communications, especially around consolidation or forgiveness, aren't allowed via SMS. While businesses owed money can send payment reminders, account-specific messages, or payment confirmations, third-party entities cannot attempt to collect these debts via SMS.
4. "Get Rich Quick” Schemes or Multi-level Marketing
Examples:
- Work-from-home programs
- Risky investment opportunities
- "Get rich quick," "build your wealth," and "financial independence" propositions
- Multi-level marketing, network marketing, and pyramid schemes
Notes:
Content associated with MLM products or services, often linked to spam, is prohibited. However, compliant outreach regarding job opportunities, brokerage messages, investment news, and related content is allowed.
5. Illegal Substances
Examples:
- Marijuana/Cannabis
- CBD/THC
- Prescription drugs
- Vaping
Notes:
In the US, cannabis remains federally illegal, disallowing its promotion via SMS. Despite CBD's federal legality, some states have restrictions, leading carriers to prohibit related messaging. Promotions for drugs not available over-the-counter are forbidden.
6. Gambling
Examples:
- Casino apps
- Gambling websites
Notes:
While toll-free numbers cannot carry gambling content, short or long codes can, provided they follow proper age restriction protocols.
7. "S.H.A.F.T." Use Cases
Examples:
- Sex
- Hate
- Alcohol
- Firearms
- Tobacco
Notes:
Tobacco-related content is prohibited on toll-free numbers but is permissible on short or long codes with age restrictions. Firearms and Alcohol are allowed on all platforms, given the necessary age restrictions. Vaping promotions are not permitted.
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In conclusion, while SMS offers vast potential for reaching audiences, it's vital to ensure that the content adheres to regulations. Businesses and users should familiarize themselves with these restrictions to avoid penalties and ensure that their messages remain ethical and compliant.