This policy outlines the rules and regulations governing the use of Short Message Service (SMS) in the United States, ensuring compliance with federal laws, industry standards, and ethical practices.
# 1. Scope**
This policy applies to businesses, organizations, and individuals using SMS for communication purposes, including marketing, notifications, customer support, and transactional messages.
2. Legal Compliance**
**2.1 Telephone Consumer Protection Act (TCPA)
- Obtain prior express consent from recipients before sending SMS messages.
- For marketing messages, obtain **written consent** from recipients.
- Clearly inform recipients about the purpose of the messages and their right to opt-out.
**2.2 Controlling the Assault of Non-Solicited Pornography and Marketing Act (CAN-SPAM)**
- Prohibit sending deceptive or misleading messages.
- Include accurate sender identification and subject matter.
**2.3 Cellular Telecommunications Industry Association (CTIA) Guidelines
- Adhere to CTIA standards for SMS marketing, ensuring content is truthful and non-deceptive.
- Comply with message frequency, clear opt-in/opt-out mechanisms, and transparent data use policies.
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#3. Consent and Opt-In Requirements
- Consent must be obtained before sending messages, except in emergencies or for purely transactional purposes.
- Use clear, affirmative opt-in methods (e.g., web forms, SMS keywords).
- Maintain a record of consents for accountability.
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#4. Opt-Out Mechanism**
- All SMS messages must include an option to opt-out (e.g., “Reply STOP to unsubscribe”).
- Opt-out requests must be processed promptly and respected without exception.
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#5. Message Content Standards
- Ensure messages are accurate, non-deceptive, and comply with the stated purpose.
- Avoid sending inappropriate, offensive, or misleading content.
- Include required disclosures, such as carrier message and data rates.
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#6. Frequency and Timing**
- Adhere to agreed message frequency limits set during the opt-in process.
- Avoid sending messages during restricted hours (e.g., 9 PM–8 AM in the recipient's local time).
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#7. Data Privacy and Security
- Collect and store recipient information securely, adhering to applicable data privacy laws.
- Do not share recipient data with third parties without explicit consent.
- Implement encryption and secure communication protocols to protect sensitive information.
#8. Enforcement and Accountability**
- Violations of this policy may result in penalties, including fines under TCPA (up to $1,500 per violation).
- Monitor SMS campaigns regularly to ensure compliance.
- Train staff and contractors on legal and ethical SMS practices.
#9. Best Practices**
- Use SMS responsibly to build trust and maintain positive relationships with recipients.
- Clearly define the purpose of the messages during the opt-in process.
- Regularly review and update SMS strategies to align with evolving regulations and recipient expectations.
#10. Contact Information**
For questions or concerns regarding this policy, contact Mimosa Jungle [at Jungle at Support@MimosaJungle.com
This policy ensures responsible and lawful SMS usage, fostering transparency and trust between senders and recipients while adhering to U.S. regulations.