Messaging Policy
MoxiSuite is committed to providing our customers and protecting all consumers and all persons. Our messaging policy described in this entire document below is designed around some core main principals;
- Only send messages to persons who want and are expecting your messages (opt-in)
- Apply with all applicable rules, regulations, laws, and communications industry guidelines and standards
- Send only appropriate, friendly, and unhateful messages
- Protecting all persons from spam, abuse, inappropriate, or illegal content.
These core principals described in more details below ensure that MoxiSuite can continue to offer its services to you unhindered by blocking, banning, or filters.
Messaging Classification
All messages sent from MoxiSuite including via the website, web app, mobile app, api, or other methods are all considered “Application to Person” (A2P) Messages, regardless of the phone number type (example; long code, short code, toll-free) or channel (WhatsApp, Facebook, Twitter, Instagram, etc). All A2P messages are subject to this Messaging Policy
Consent & OptIn
What is Proper Consent?
Consent can not be bought, sold, or transferred. For example you may not buy lists from any other party to send messages to any person
Consent and Opt-in to receive messages means you clearly and conspicuously obtained informed consent from each person prior to sending any message to each person. If you are a reseller all your customers are required to adhere to these same requirements
Consent Requirements
- Before sending a message to any person you must obtain Proper Consent from the correct recipient to communicate with them, this is “Consent”. When you obtain this Consent it is limited to the specific types of messages they are agreeing to receive. (Example: If a person provides Consent to receive a message about their car oil change this is not Consent to receive messages relating to other campaigns or companies).
- You are required to maintain proof and records of this Consent such as a signed document/form or timestamps and IP address when the person completed a sign-up flow. You are required to follow all local regulations and best practices for record keeping of Consent Opt-Ins and Opt-Outs
- You may not initiate your first message to a person after an unreasonable delay from when you received the consent as determined or set by local regulations or best practices without reaffirming consent to send your first message
Alternative Consent Requirements
Consent is Always required and generally the safest path however there are two scenarios where consent can be retrieved differently;
Contact Initiated By Individual
When a person sends you a message you are free to respond to that person. For example if a person send you a text message asking your business hours today you are free to respond to them with your business hours. This message serves as consent to receive this response and is limited to this specific conversation. You would be required to obtain additional consent from this person to send additional messages outside this conversation
Informational content to an individual based a prior relationship
You may send message to a person where you have a prior relationship and this person provided their phone number to you, and has taken some action to trigger the potential communication. Provided that a person and not expressed any indication for you to not message them. Example of this could include; order confirmations, reservation confirmations or reminders, and confirming service appointments. These messages cant promote any product, service, promote any social cause, or convince any person to by something.
Identifying Yourself
Every message sent must clearly identify you as the sender so the recipient can clearly identify the sender whom they provided consent to. Follow-up messages in an ongoing conversation do not need to each identify the sender
Opt-out
Initial messages to any person need to include information on how to revoke consent (opt-out). Examples of this include;
- Reply STOP
- Reply Unsubscribe
You must ensure you always listen for alternative keywords. MoxiSuite provides you the ability to customize the list of Keywords you must configure for your business including words like “Cancel” and “Quit”. You must ensure these are correct for your business and ensure you monitor and immediately honor all opt-opt requests. Persons may opt-out on other channels which must be monitored. For example if a customer calls you to stop contacting them that applies not only to phone calls but also SMS.
Keeping Accurate Opt-In Statuses
Although you are solely responsible for managing your own Opt-in’s and opt-outs, MoxiSuite provides you some additional tools to help prevent you from incorrectly messaging a person who has revoked consent. You are provided with 3 separate status on each contact regarding Opt-in for Email, Phone, and SMS. These settings serve as a blacklist for you so keep these settings always up to date.
Disallowed Content
You are required to comply with all rules and regulations regarding illegal content. These rules may be based on where the message sender or receiver lives or currently is. Some examples of illegal and disallowed content include;
- Anything illegal in the jurisdiction of the message sender or recipient
- Anything prohibited in the Sex, Hate, Alcohol, Firearms, and Tobacco Act (SHAFT Act)
- Anything prohibited in the Stop Enabling Sex Traffickers Act (SESTA Act)
- Anything prohibited in the Allow States and Victims to Fight Online Sex Trafficking Act (FOSTA Act)
- Anything prohibited in the Telephone Consumer Protection Act (TCPA Act)
- Anything prohibited in the Federal Trade Commission Act (FTC Act)
- Anything prohibited in any other laws or regulations that restrict or prohibit content
- Anything hateful, abusive, explicit, exploitative, or originating from a hate group.
- Fraudulent or misleading messages.
- Malicious content, such as malware or viruses.
- Content designed to evade filters
Industry, Age, Geographic Specific Rules
You are required to comply with all rules and laws that cover your specific industry, age of recipient, or geographic location of the recipient. You must always ensure the message recipient is not younger than the legal age which may be based on where recipient lives. You agree to comply with all applicable laws of the jurisdiction in which the message recipient is located or applicable communications industry guidelines or standards. If your sending messages to content that requires age verification or content gating you agree to comply fully with all such requirements
Carrier Rules
Phone carriers have specific rules and guidelines that are constantly updated. This includes but is not limited to the CTIA Messaging Principles and Best Practices. Some phone carriers have additional rules and you are required to comply with all phone carrier rule. For example AT&T has specific prohibitions relating to High Risk Financial Offers including;
- Loan origination and matching • Payday loans • Short-term loans • Auto loans • Mortgage loans • Student loans • Debt consolidation and reduction • Investment opportunities • Credit repair programs • Tax relief programs • Work from home programs
Failure to comply with any carrier rules including CTIA and 10DLC may result on the carrier imposing fees and fines. You are solely responsible to pay any fees and fines for all messages sent from your system/account which includes all activity for all users who access your account and all sub-users if you are a reseller. Any fee or fine from a carrier will all pass-thru to you and be immediatly deducted from your account. You agree to ensure all fees or fines are always paid within 1 business day should the immediate deduction not clear.
10DLC Campaign Registration
The phone carriers established a centralized database (the “Campaign Registry”) to help identify message senders to prevent SPAM and track sender reputation. If you are utilizing 10DLC (10 digit long code) phone numbers that send more than 3,000 text message segments and MMS per day, or if you utilize more than 5 phone numbers you are required to register with the Campaign Registry. Reach out to support or the Campaign Registry directly to get your campaigns registered. Registration helps provide greater message throughput above the typical P2P 1 MPS. Your permitted MPS may depend on a number of factors including but not limited to; the carrier of the receiving person, business type, campaign type, opt-out rates, usage of links in messages, trust score of domains/links in your messages, sending patterns, message contents, uniqueness of your messages, and trust score.
Certain types of messaging campaigns have additional registration requirements, verification requirements, and additional per message or monthly fees.
Violation Detection and Preventing Evasion
You may not use our platform to evade our or any other telecommunication providers message policy, message detection, or protection mechanisms. Examples of evading prevention and detection systems include but are not limited to;
- Content designed to bypass detection such as misspelling, coded messages, or non-standard opt-out phrases
- Snowshoeing is prohibited which is defined as spreading similar or identical messages across many phone numbers intended to evade unwanted messaging detection and prevention mechanisms.
How We Handle Violations
When we identify violations of our policy, when possible, we will work with our customers in a good faith effort to bring them into compliance. We reserve the right to immediately disable, suspend, or block access to any of our systems for any violation of any of our policies or when not following any law, regulation, industry guideline, industry standards, or best practices. In some case we may not provide you with notice or provide you with limited notice of your disabled access to systems for serious violations.