This information is not legal advice. While we do our best to provide useful information to use as a starting point, Neon One advises all clients to obtain professional legal advice to ensure that all marketing campaigns are sent in full compliance with all applicable laws. These guidelines are aimed at clients who wish to use SMS marketing in the US & Canada.
Just like any other marketing channel, SMS follows strict regulations, industry standards, and guidelines. Before using it to market, promote, or simply communicate with constituents, you must be familiar with the guidelines on prohibited or limited content. At Neon One, we look after our users and want to make sure you send only the highest quality messages to your subscribers, are compliant with all regulations, and are respectful of constituents.
The following article will go through those prohibited or limited-content categories and explain how Neon One enforces restrictions.
Prohibited or limited message categories
Federally illegal substances
This category includes all federally illegal substances such as:
- Marijuana/cannabis (including CBD)
- Vaping
- Prescription medication
- Kratom (labeled as a controlled substance by the DEA)
All are strictly prohibited for SMS marketing. Clients who promote federally illegal substances will not be able to use the Text to Communicate options available at Neon One, with no exceptions.
S.H.A.F.T.
S.H.A.F.T. is an acronym that stands for Sex, Hate, Alcohol, Firearms, and Tobacco. It outlines the categories of text messages specifically regulated due to moral and legal issues and is monitored and enforced by the CTIA and the mobile carriers.
Sex (adult content), Alcohol, Firearms, and Tobacco are federally legal and can be marketed through SMS as long as a functioning age-gate is in place. The age gate needs to prompt the user to enter their birthdate, rather than just click “Yes” to approve that they’re over 21.
Although not technically a law, the S.H.A.F.T. guidelines should be taken seriously by anyone using SMS to communicate with consumers to comply with the CTIA best practices and carriers’ requirements. Not aligning with these guidelines is a violation of our Terms of Service and clients who violate the guidelines will no longer be allowed to send text messages through Neon One.
Other Prohibited Content
Other than the S.H.A.F.T. content restrictions, the CTIA also calls out several different message categories that must be excluded from all SMS communications that:
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is unlawful, harmful, abusive, malicious, misleading, harassing, excessively violent, obscene/illicit, or defamatory;
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deceives or intends to deceive (e.g., phishing messages intended to access private or confidential information);
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invades privacy;
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causes safety concerns;
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incites harm, discrimination, or violence;
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is intended to intimidate;
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includes malware;
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threatens constituents; or
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does not meet age-gating requirements.
Refer to the CTIA best practices for additional information.
Carrier SPAM Mitigation
Mobile carriers are not only responsible for the distribution of text message content but also act as gatekeepers between a brand and its customers. Each mobile carrier has the right to issue its own guidelines when it comes to text message content. For example, such content may include high-risk financial services, gambling, multi-level marketing, etc.
We strongly advise you to familiarize yourself with local mobile carriers’ guidelines, the existing laws, and the industry’s best practices. In addition, go through our Terms of Service, section 4.10, to review our limitations of use.