The fines will be charged for phishing messages or illegal content about drugs or firearms, for example. Since debt collection was added to the carrier’s Code of Conduct for prohibited content in 2020, agencies should take note of the fines and review messaging requirements.
02/01/2024 4:00 P.M.
3 minute read
T-Mobile has instituted a new policy to stop mass marketing text messages containing certain content, including debt collection, through a tiered fine system.
“The change only impacts third-party messaging vendors that send commercial mass messaging campaigns for other businesses,” according to a statement from T-Mobile to The Associated Press after reports the carrier would fine individual consumers for the content of their text messages. “The vendors will be fined if the content they are sending does not meet the standards in our code of conduct, which is in place to protect consumers from illegal or illicit content and aligns to federal and state laws.”
The fines will be assessed for non-compliant traffic that results in a “Severity-0 violation,” which “represents the most harmful violation to consumers and is the highest level of escalation,” according to a description of the policy.
The policy applies to all products, SMS or MMS, Short Code, Toll-Free, and 10DLC, on T-Mobile’s network.
The non-compliance fines will be assessed for every Severity-0 violation issued as follows:
- Tier 1: $2,000, for phishing, SMS phishing, and social engineering.
Social engineering includes targeting individuals in a way that manipulates them to share private information like credit card numbers, or Social Security numbers. - Tier 2: $1,000, for illegal content (content must be legal in all 50 states and federally.)
Illegal content includes, but is not limited to, Cannabis, marijuana, CBD, and solicitation. - Tier 3: $500, for all other violations including, but not limited to, S.H.A.F.T (Sex, Hate, Alcohol, Firearms or Tobacco.)
ACA’s Take
T-Mobile updated its Code of Conduct in September 2020 to prohibit debt collection text messages. The policy on the new fines says customers should review the T-Mobile Code of Conduct Section 5.2 for a list of all disallowed contact, including debt collection. Absent an exemption from T-Mobile, debt collection text messages could be subject to the $500 fines for violations.
When ACA International learned T-Mobile’s Code of Conduct was updated to prohibit debt collection text messages, staff and member companies working in communications platforms sought clarity from the carrier.
Essentially, the issue came down to T-Mobile’s decision to not allow text messages between companies in certain industries, including debt collection, and consumers after Sept. 1, 2020, ACA previously reported. Auto and mortgage lenders were also impacted.
When T-Mobile released the code of conduct, it said companies in the impacted industries could apply for an exemption to send text messages.
Companies should reach out to T-Mobile directly to get more information and continue to follow all laws related to compliance when sending texts.
The Federal Communications Commission’s report and order on text messages (PDF) adopted in March 2023 requires providers to have a point of contact to report erroneously blocked texts, stating:
“We require each mobile wireless provider to establish a point of contact for text senders, or have providers require their aggregator partners or blocking contractors to establish such a point of contact. This point of contact will enable texters to contact mobile wireless providers, with the goal of swiftly receiving and resolving complaints of unwarranted blocking of text messages.”
Text senders can use this point of contact for blocking that occurs due to FCC regulations or based on the wireless industries’ private text blocking efforts.
USTelecom, The Broadband Association, has a list (PDF) of the points of contacts on its website, also available on ACA’s Call Blocking & Labeling Resource Center.
T-Mobile’s contact information is available here: https://callreporting.t-mobile.com/.
Members should also review T-Mobile’s messaging compliance best practices (PDF).
Related Content from ACA International:
Keep Text Messaging Channels Open
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