As a reminder to our premium rate clients, the following verbiage and disclaimers are required on your compliant websites. There has been a recent increase in audits around these requirements. We recommend reviewing your website as soon as possible to avoid an audit in the near future.

• The disclaimer “All purchases must be authorized by the account holder” must be visible above the fold on the compliance website. We are starting to see audits around this issue, so be proactive and add it to your website today to avoid an audit in the near future.
• For WebRegistration/Web opt-ins, pricing must appear directly above or below the phone # and PIN # entry field. (Cannot be diagonal or beside)

Please contact your Account Manager or 3Ci Support for more website requirements and compliance information.

As a reminder to our clients who may be promoting a mobile call to action (CTA), following are the advertising requirements for a CTA in various media types:

• Television: Must include pricing, terms and conditions, and opt-out information with font size as large as promotional font. On-air call to action pricing and terms need to be clearly stated, inclusive of both visual and verbal, with the text size at 10-point font minimum, the placement prominent, and length of time on air at 10 seconds
• Radio: On air call to action pricing and terms need to be clearly stated verbally
• Internet: Must include explicit pricing details, terms and conditions location, and opt-out information on the same page and in close proximity to promotional details. The user must not be required to scroll or click to another page. This information must be in addition to any terms and conditions provided as a link on the website
• WAP / Mobile Web (mWeb): Must include pricing, terms and conditions, and opt-out information on the same WAP / mWeb page as promotional details. The user must not be required to scroll or click to another page. This information must be in addition to any terms and conditions provided as a link on the website
• Print: Must include sponsor identification, explicit pricing details, terms and conditions location, and opt-out information on the same page and in close proximity to promotional details. This information must available in the advertisement
• Short Message Service (SMS): All pricing, terms and conditions, and opt-out information must be included in the first and all subsequent service messages

Note: In the above, “pricing” refers to the “Msg&data rates may apply” compliance verbiage.

Please contact your Account Manager or 3Ci Support for more website requirements and compliance information.

As a reminder to our standard rate clients, following is the verbiage and font styles / formats required on the “Terms and Conditions” page, linked to from the mobile program page of your website. At a minimum the Terms and Conditions page must include:

• Terms and conditions for mobile program must appear at the top of the page
• Program Sponsor information, defined as the program name, company name, or brand associated with the campaign
• Program pricing (Msg&Data Rates May Apply)
• Customer service support information
• Help information in bold (For help at any time text HELP to XXXXX)
• Opt-out information in bold (To stop messages at any time text STOP to XXXXX)
• Frequency of program services
• Carriers supported on the program

Note: be sure to confer with your legal team regarding the complete content requirements for your mobile program.

Please contact your Account Manager or 3Ci Support for more website requirements and compliance information.

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).

When the US mobile carriers established a ubiquitous system for sending SMS messages, they adopted a standard for end-users to manage the content they receive. As I’ve preached (here, here, and here), this is one of the main reasons that SMS has avoided the SPAM fate of e-mail. Unless you’re dealing with a newsletter, most e-mail SPAM does not have a clear sender or working unsubscribe options. On the e-mail front, SPAM filtering has become a “reactive” habit and, while most e-mail users are losing time, SPAM doesn’t have a measurable monetary penalty. Consumers pay for text messaging, even unlimited-messaging consumers so it is important to give them the correct methods to manage their subscription.

All US shortcodes must have universal keywords to receive help and to opt-out of a program. These keywords are designed to allow the user to receive additional information about a mobile campaign or remove themselves from receiving any additional charges and messages.

Stop, End, Cancel, Unsubscribe, Quit
Because users receive a standard rate fee for text messaging, they are more likely to complain about unwanted text messages. A properly structured initial message neutralizes complaints by giving users a clear and working way to unsubscribe. If a user texts a platform with “STOP”, the platform must prevent the end user from receiving any additional messages from that campaign. If the user is opted-in to several campaigns on the shortcode, an additional tiered response to clarify the correct campaign is acceptable; “STOP ALL” should opt-out the user for all campaigns.

Help
End-users should have clear information about the messages they are signing up to receive. A user who texts in “HELP” should receive a message back that includes:

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Niki Dunbar, 3Ci’s Program & Compliance Manager is a tremendous part of 3Ci’s success in the mobile marketing space. Niki’s main responsibilities at 3Cinteractive include taking a client’s ideas for a mobile campaign and implementing a carrier compliant program that meets both the client’s marketing needs and
adheres to distinct carrier requirements.

Niki’s focus on managing the daily relationships with 3Ci clients, vendors, and the mobile carriers combined with her deep understanding of industry standards and policies contribute greatly in distinguishing 3Ci in the marketplace. Niki developed her skills in her 7-year career in the online payment processing industry where her dealings with credit card associations and guidelines closely mimic those of the MMA and carriers in the mobile space. When she’s not hanging out with her cat Zoey, Niki enjoys spending time outdoors where her hobbies include camping, kayaking, sky diving and relaxing on South Florida beaches. Niki is a native of Pittsburgh where her parents, Fred and Theresa, and sisters Dezaria and Stephanie still live today.

- Jeff Michaud