United StatesRestrictions on Mobile Service Commercial Messages
In force since .
A commercial messages rule binding public and private bodies.
- Enforcement body
- Federal Communications Commission
- Obligation class
- Consent
What it requires
- Do not send a commercial message to an address that resolves to a wireless carrier's messaging domain on the FCC's wireless domain names list, unless you have the addressee's express prior authorization naming your business and the address to be messaged.NIST Privacy FrameworkCT.PO-P1
- Stop sending further messages to that address within 10 days of a request to stop, and provide a cost-free, clearly identified opt-out mechanism in every message.NIST Privacy FrameworkCT.PO-P3
These lines are LexLint's reading of the law's text.
In the frameworks
- NIST Privacy Framework
- CT.PO-P1Policies, processes, and procedures for authorizing data processing (e.g., organizational decisions, individual consent), revoking authorizations, and maintaining authorizations are established and in place.
- CT.PO-P3Policies, processes, and procedures for enabling individuals’ data processing preferences and requests are established and in place.
Our reading of where this law's duties sit in each framework, and in the NIST Privacy Framework, line by line beside each duty above. It never says that running a control meets the law. How we read a framework against the law
What this law does
Unlike the CAN-SPAM Act's opt-out model for ordinary commercial email, this Federal Communications Commission rule requires opt-in consent before sending a commercial message to an address that resolves to a domain the Commission has listed as a wireless carrier's messaging gateway.
The sender must have the addressee's express prior authorization, obtainable in writing (including electronically) or orally, naming the sender and the address to be messaged, and must stop sending further messages within 10 days of a request to stop.
When LexLint raises it
When your app profile says your app sends automated texts or sends commercial email.
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Page updated .