As one of the primary players in the SMS Marketing space, we at Emotive place high importance on ensuring our platform complies with the policies laid out by TCPA, CTIA and carriers as they pertain SMS & MMS Messaging.

Carriers are continuing to heavily crack down on traffic pertaining to S.H.A.F.T (sex, hate, alcohol, firearms, tobacco) content and other Forbidden categories.

We have put together this simple playbook below to help you understand what messaging content is allowed by the carriers, and what is not allowed

This is how we ensure our platform handles the traffic that is compliant with TCPA, CTIA and other Carrier Messaging Policies, and that your traffic is residing on a platform that emphasizes security, and compliance with applicable laws, communications industry guidelines or standards, and measures of fairness and decency.

Allowed vs. Forbidden Content

Category

βœ… What is Allowed?

🚫 What is NOT Allowed

Best Practices/Notes

Sex

βœ… Sex toys - as long as proper age gating procedures are in place

βœ… Lingerie - as long as proper age gating procedures are in place

🚫 Sexually explicit content

Age-Gating: Need to have age-gating prior to opt-in, and the URL redirects must also include age-gating

Hate

🚫 Racist content anywhere on the site

🚫 Any oppressive content

Alcohol

βœ… Allowed on Long Code & Short Codes, as long as proper age gating procedures are in place

🚫 Not Allowed on Toll-Free

Age-Gating: Need to have age-gating prior to opt-in, and the URL redirects must also include age-gating

Fire Arms

βœ… Gun Holsters - as long as proper age gating procedures are in place

🚫 Directly Selling Guns anywhere on the site

Age-Gating: Need to have age-gating prior to opt-in, and the URL redirects must also include age-gating

Tobacco

βœ… Hemp is allowed as it is legal in all 50 states

βœ… Vaping related to e-cigarettes and tobaccos is allowed w/ age-gating

βœ… Paraphernalia - related to e-cig and other legal substances is allowed w/ age-gating

βœ… Hookah related to legal substances is allowed w/age-gating

🚫 CBD/Cannabis Related Vaping, Paraphernalia, Hookahs

🚫 Kratom

🚫 CBD/Cannabis

🚫 Pet CBD/Cannabis

We recommend that our customers DON'T reference the word hemp, as the filters the carriers are AI-driven & cannot make determinations as well as humans. Hence, hemp could potentially be flagged as another way to say cannabis, etc.

Gambling (Casino apps β€’ Gambling websites)

βœ… Allowed on Short Code, or Long Code, as long as proper age gating procedures are in place

🚫 Gambling traffic is prohibited on Toll Free

Age-Gating: Need to have age-gating prior to opt-in, and the URL redirects must also include age-gating

Illegal Substances

βœ… Cannabis Allowed in Canada, with proper age-gating prior to opt-in, and the URL redirects must also include age-gating

🚫 Cannabis (United States)

🚫 CBD (United States)

🚫 Prescription drugs

Cannabis is federally ILLEGAL in the United States. Cannabis businesses will not be permitted to use SMS/MMS messaging in the US, regardless of message content. CBD is federally legal, but is not legal in some US states, so US carriers do not permit messaging related to CBD. Offers for drugs that cannot be sold over-the-counter in the US/Canada are forbidden

Debt collection of forgiveness

βœ… For example, a hospital could send messages regarding bills for its own patients, assuming they provided opt-in to receive that messaging

🚫 Third-party debt collection

🚫 Debt consolidation

🚫 Debt reduction

🚫 Credit repair programs

β€œThird-party” means originating from any party other than the one who is owed the debt

Age-Gating: Need to have age-gating prior to opt-in, and the URL redirects must also include age-gating

Third-party lead generation services

🚫 Companies that buy, sell, or share consumer information

High-risk financial services

βœ… Allowed from the party that will service the loan

🚫 Payday loans

🚫 Short term high-interest loans

🚫 Third-party auto loans

🚫 Third-party mortgage loans

🚫 Student loans

🚫 Cryptocurrency

β€œThird-party” means originating from any party other than the one which will service the loan

β€œGet rich quick” schemes

βœ… Outreach about employment as a result of compliant opt-in practices, messages from brokerages to their members, investment news alerts, or other investment-related messages

🚫 Work-from-home programs

🚫 Risk investment opportunities

🚫 Pyramid schemes

Have questions? Email us at info@emotive.com or reach out to your Account Executive/Customer Success Manager.