Over the past few months, securing approval for listing on The Campaign Registry ("TCR") has become significantly more difficult. Why? Because virtual phone service providers ("service providers") continue to update internal TCR registration procedures as they receive feedback from U.S. mobile carriers. As a result, many businesses are now dealing with a higher rate of rejection. Given the foregoing, retaining experienced counsel to provide TCR assistance can significantly improve your chances of TCR approval.
A Brief History of the TCR
The TCR was established in response to increasing governmental concern involving consumer complaints of unsolicited text messaging. As businesses increasingly migrated to Application-to-Person ("A2P") messaging platforms, the need for regulating mass text communication became more apparent. Of particular concern, were text messages sent from 10-digit long codes ("10 DLC"). It seems that 10DLC-delivered messages are more often mistaken by consumers as coming from a trusted source in comparison to those delivered through use of short codes.
In 2020, major U.S. mobile carriers began requiring businesses to register their A2P 10DLC messaging campaigns through the TCR process. Service providers were tasked with implementing the TCR, and given significant leeway to fashion the initial review process. Over the past years, the TCR approval process has become much more challenging, prompting many businesses to attain professional TCR guidance.
Seek TCR Assistance to Address Campaign Rejections
The list of reasons for TCR campaign rejection continues to grow. A few of the leading service providers now have well over a hundred reasons for rejection. Many campaigns are turned away by service providers because of issues involving applicants' privacy policies and/or opt-in language.
Among other requirements, a website privacy policy must:
- Clearly state what personal information is collected, and how it is used and shared;
- Make clear that consumer contact information is not shared with any third parties/affiliates for text message marketing purposes; and
- Be easily accessible on the website homepage.
As part of the registration process, service providers will also review the exact language used to acquire consumer consent for the receipt of text message communications. Among other considerations, opt-in language must contain:
- A clear and conspicuous means by which consumers can manifest express consent;
- Disclosures regarding message & data rates, and messaging frequency; and
- Links to the applicable Website Privacy Policy and Terms of Service.
Why TCR Assistance Makes a Difference
Put simply, the TCR registration process can be a lengthy ordeal, involving many levels of review and ongoing communication with service provider representatives. To complicate matters, TCR guidance is constantly evolving as the rules of the road change. Retaining experienced TCR counsel to ensure that best practices are implemented will expedite the TCR campaign application process and significantly improve chances of approval.
The attorneys at Klein Moynihan Turco ("KMT") regularly guide clients through the TCR registration process, interfacing on their behalf with service provider representatives. In addition, KMT assists clients with preliminary TCR matters, including review of proposed campaign content, and preparation of related customer opt-in language, Privacy Policies, and Terms of Service.
The material contained herein is provided for information purposes only and is not legal advice, nor is it a substitute for obtaining legal advice from an attorney. Each situation is unique, and you should not act or rely on any information contained herein without seeking the advice of an experienced attorney.
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The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
