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Important Note: We are not lawyers here at FG Funnels® and are not qualified to provide any legal advice. The information on this page is based on technical knowledge and experience. If you have any questions or concerns regarding your business' ability to be compliant, we recommend speaking with a qualified lawyer.
This Messaging Policy applies to all sub-accounts using LeadConnector Phone Systems (LC Phone). If you are using Twilio, you can find their article on Forbidden Message Categories at this link. All outbound messages from your sub-account must comply with our SMS and MMS Messaging Guidelines. The following messaging use cases are prohibited on SMS or MMS in the United States or Canada.
The below information applies to extended code messaging with the rollout of the new A2P 10DLC system, in addition to the shortcode and toll-free messaging. Lastly, we have suggested alternatives for conducting certain unlawful use cases.
Policy violation will lead to the suspension of SMS/MMS capability for your sub-account.
Any use cases that violate this policy will not be allowed on the LeadConnector/LC Phone platform, regardless of number/sender type or destination country.
The following table is best viewed on desktop:
Category | Examples | Notes |
---|---|---|
High-risk financial services |
|
"Third-party" means originating from any party other than the one which will service the loan. |
Third-party lead generation services |
|
|
Debt collection or forgiveness |
|
"Third-party" means originating from any party other than the one owed the debt. For example, a hospital could send messages regarding bills for its patients, assuming they opted-in to receive messaging. |
"Get rich quick" schemes |
|
This differs from outreach about employment due to compliant opt-in practices, messages from brokerages to their members, investment news alerts, or other investment-related messages. |
Illegal substances |
|
Cannabis is federally illegal in the United States. Cannabis businesses will not be permitted to use SMS/MMS messaging in the U.S., regardless of message content. CBD is federally legal but not in some U.S. states, so U.S. carriers do not permit messaging related to CBD. Offers for drugs that cannot be sold over the counter in the U.S./Canada are forbidden. |
Gambling |
|
Gambling traffic is prohibited in the U.S. and Canada on all number types (Toll-Free, Short Code, and Long Code). |
"S.H.A.F.T." use cases |
|
While Tobacco traffic is prohibited on Toll-Free, it is allowed on Short or Long Code, as long as proper age-gating procedures are in place. Alcohol traffic is allowed on Toll-Free (U.S. only), Short Code, and Long Code, as long as proper age-gating procedures are in place. Firearms and Vaping-related traffic are prohibited. |
If your use case is listed above as forbidden for SMS and MMS messaging in the U.S., you can explore other marketing channels.
Using email is an option for many of the above use cases. For example, cannabis - or CBD-related messaging may be conducted via email, Facebook, Instagram, etc., as long as you have proper age gating in place and are sending toward recipients in a locale where the substance is legal.
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T-Mobile has introduced A2P 10DLC non-compliance fines for messages including prohibited content. If T-Mobile detects any messages that violate the tiers listed below, they will issue a Sev-0 violation (the most severe consumer violation), a non-compliance fine, and carriers will immediately block the offending messages.
This applies to all commercial messaging non-consumer A2P products (SMS or MMS short code, toll-free, and 10DLC) that traverse the T-Mobile network.
Because Sev-0 violations also infringe on FG Funnels® acceptable use and messaging policies, FG Funnels® will pass on these fines to you for every Sev-0 violation, starting February 15, 2024. These fines include, but are not limited to, the following:
Tier 1: $2,000: phishing (including simulated phishing sent for security testing or similar purposes), smishing, and social engineering. Social Engineering is a technique used to manipulate someone into sharing private information, like passwords or credit card numbers.
Tier 2: $1,000: illegal content (content must be legal federally and in all 50 states)
Tier 3: $500: all other violations in commercial messaging including but not limited to, SHAFT (sex, hate, alcohol, firearms, and tobacco) that do not follow federal and state law and regulations (e.g. age-gate).
These non-compliance fines apply to violations across any A2P messaging product (SMS/MMS short code, toll-free, and 10DLC).
T-Mobile reserves the right to permanently suspend any brands, campaigns, and your company’s access to the T-Mobile Network in the event violations are deemed to be excessive. If you are subject to these fines, FG Funnels® will send you a Sev-0 violation notice and will subsequently charge the respective fine amount.
If you haven't already, be sure to review our page on Terms And Conditions Guidelines For A2P.
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