Aloware automation and broadcaster are great tools to get in touch with new prospects at scale. However, with SMS becoming more popular these days, and robocalls being banned in the country, there are certain rules that we have to understand and adhere to. These rules are governed by various FCC regulations and TCPA laws. As an Aloware customer, you explicitly certify and warrant that you adhere to the guidelines below for all originating or terminating voice, SMS, or email traffic.
The guidelines below are applicable to our Power Dialer, bulk SMS, bulk RVM, automation, and ANY use of our phone numbers in either sending outbound traffic or generating inbound traffic.
The rules below are enforced at 3 levels:
- Aloware: We may occasionally review your account to ensure compliance with these guidelines. Any violation, determined at our discretion, might result in suspension or termination of your account without prior notice. We do not issue refunds to banned/suspended accounts.
- Carriers: Our carrier group occasionally reviews the traffic originating from Aloware. The carriers (both originating and terminating) have different levels of spam blocking based on the content you send out. This is not controlled by us. If you see a lot of blocked messages, your content is probably being blocked at the carrier level.
- Government: FCC and TCPA both allow for the recipient of your messages to file complaints against unauthorized contact. In the event of such a complaint, we will forward all supporting documentation (such as your name and address) to the government entity requesting the information without prior notice. You explicitly give us the authorization to release your information to any government agency, law enforcement agency, or court requesting evidence.
You must adhere to and be fully compliant with the following criteria for all broadcasting operations on Aloware, including bulk SMS, automation sequences, outbound calling, or use of our phone numbers for online advertising. If you are running your campaigns on behalf of another entity or using Aloware API for messaging, it is your responsibility to ensure your customers are adhering to the rules below. Any violation of these terms may result in immediate suspension of your account.
- Forbidden content. Any message content that falls into one of the following categories is strictly prohibited:
- S – Sex (Pornography, human/sex trafficking, prostitution, camgirls)
- H – Hate (including but not limited to abuse, discrimination, violence, harassment)
- A – Alcohol (sale or encouragement)
- F – Firearms (including ammunition)
- T – Tobacco (including vaping, Cannabis, & CBD products)
- Additionally, these categories are also prohibited:
- Payday loans
- Loan/Debt Consolidation
- Debt Forgiveness
- Debt Collection
- Credit Repair
- Tax Refund Loans
- Multi-level Marketing/Pyramid Schemes
- Malware, viruses, or other malicious content
- Offering customer support for products or companies you are not authorized as a reseller
- Opt-in Consent Requirement. You must have documentation (proof) of prior written consent or “opt-in” from the subscribers you are messaging or calling.
- We reserve the right to request written consent and proof of opt-in at any time.
- TCPA regulations require you to keep the proof of consent for a number of years.
- Opt-out. It is your responsibility to manage “opt-out” requests to ensure that they get processed properly and that the subscriber’s mobile number is immediately taken out of your contact list to prevent further messages being sent to their number.
- You must provide reasonable mechanisms for the subscriber to opt-out of your marketing campaigns, meaning they should be able to respond with any variation of “Stop” or “Opt-out.”
- Aloware will automatically remove contacts from bulk messaging when we receive an explicit STOP request.
- The best practice here is to include relevant verbiage, “Reply stop to unsubscribe” in your messages.
- Do Not Call (DNC) registry. It is your responsibility to verify the mobile subscribers you are messaging are not listed on the national and individual state DNC databases.
- Aloware’s DNC utility DOES NOT verify the national DNC registry and should only be used as an internal tool.
- We may randomly inspect your message traffic to verify that your recipients are not on any of the DNC list(s).
- Any number found on the DNC list during an active campaign will incur a $5 surcharge.
- Misleading or Malicious links or URLs. If the URLs you are sending direct or redirect to websites that are fraudulent, phish for consumer data (social security numbers and credit card information), or bait subscribers into completing forms with the false premise they will win a prize, you are in violation. Also, weblinks/URL’s that trigger software downloads the subscriber was not made aware of.
- Misrepresenting your identity. If you are selling products or services on behalf of others or resembling others (such as other businesses or government agencies) you should maintain and provide relevant licensing information authorizing you to do so.
- Trademark violations. If you are running campaigns for the sale or service of a trademarked product, you should maintain and prove that you have the authorization to do so.
- Sending multiple messages in succession with a mobile subscriber that is not engaged in 2-way communication with you is strictly prohibited.
- Forbidden hours for messaging. Sending messages between the hours of 8 AM and 9 PM local time to the mobile subscriber you are messaging.
We have provided some samples for you with what is considered good and bad marketing SMS.
It is your responsibility to make sure your (or your customer’s) message traffic is in compliance with all federal laws, State laws, and CTIA guidelines. For your convenience, we have provided links to those regulations and guidelines here:
TCPA, FCC, CTIA laws
For telemarking laws by the FCC, please click here.
For the most recent TCPA/FCC Advisory on Bulk Messaging click here.
For CTIA Best Practices on Messaging click here.
Canadian CAN-SPAM and CASL laws
For CAN-SPAM act click here.
For laws and regulations on messaging in Canada click here.