3Cinteractive Blog

October has been a busy month with regard to mobile compliance. While some of these changes were announced earlier this year most went into effect this month. One of the biggest changes came from the Mobile Marketing Association (MMA) and its new guidelines. The MMA revamped the guidelines (please note: you’ll need Adobe Reader in order to view the document) to help ensure a positive user experience for mobile users. Additionally, the version 4.0 guidelines are the first to consolidate the individual mobile marketing guidelines and codes of conduct — known as “carrier playbooks” — of the four largest U.S. wireless service providers: Verizon Wireless (NYSE:VZ), AT&T (NYSE:T), Sprint Nextel (NYSE:S), and T-Mobile USA (NYSE:DT).

In addition to incorporating carrier standards, the updated guidelines include revisions and additions to key areas such as:

• Standardizing the messaging language to a universal “Message and Data Rates May Apply” phrase (with Msg&Data Rates May Apply, Msg&data rates may apply, and Msg&data rates may aply [sic] as acceptable variants);
• Allowing for more flexibility with PIN location in message-terminated (MT) messages; and
• Modifying the STOP requirement in Opt-in MT messages.

Also of note was a change at one of the major carriers, Verizon Wireless. Verizon updated its best practices and instituted a new Repeat Offender Policy that became effective Thursday, October 1, 2009. Verizon has also updated its Advertising Disclosure Requirements (these updates are effective Sunday, November 1, 2009) for all new program submissions, on-boarding / certification, and monthly monitoring efforts.

Joining the MMA and the carriers is the Direct Marketing Association (DMA). The DMA updated its Guidelines for Ethical Business Practices to incorporate mobile marketing, stressing the need for prior consent to marketing communication that is business-to-consumer (B2C) or business-to-business (B2B), the use of appropriate suppression files such as the Federal Do-Not-Call Registry, and for members to abide by the Children’s Online Privacy Protection Act (COPPA).