Responsibility for SMS Consent
Everyware’s Terms of Service outlines merchant/client responsibility in obtaining consent for text messaging and following all anti-spam laws.
“Before using the Platform, you agree to review and abide by all federal, state, and local laws, statutes and regulations as well as applicable text/SMS/MMS messaging/telecommunications industry guidelines, including, but not limited to, the following laws and guidelines, and to check for any revisions, as they may be amended over time: Telephone Consumer Protection Act ("TCPA"), 47 U.S.C. § 227, et seq., and related regulations, 47 C.F.R. Part 64.1200, et seq; Telemarketing Sales Rule ("TSR"), 16 C.F.R. Part 310, et seq.; Controlling the Assault of Non-Solicited Pornography and Marketing ("CAN-SPAM") Act of 2003; Mobile Marketing Association ("MMA") U.S. Consumer Best Practices Guidelines for Messaging; Cellular Telecommunications Industry Association ("CTIA") Best Practices and Guidelines for Location-Based Services; CTIA Messaging Principles and Best Practices; CTIA SMS Interoperability Guidelines; and CTIA Short Code Monitoring Program Handbook” - Everyware Terms
Everyware and SMS Consent
Everyware's goal is to help businesses send and exchange text messages with customers who want to engage via SMS.
A 10-digit Long Code messaging phone number is issued for each account i.e. Sales Site on the Everyware platform. We advise businesses to market their mobile numbers to their contacts ahead of launching text messaging as a communication or payment channel. This way, when customers receive their first message from your business they recognize and trust the message source. Consider installing the Text Us Everyware widget to your website to help market your mobile number.
SMS templates with opt out instructions for contacts are included in the SMS template lists which can be edited. We suggest including SMS Opt In language with new customer agreements. Ask us if you'd like help crafting some strong opt in language and SMS templates.
The Everyware team is made aware of TCPA rules and fines ranging between $500-$1500 for unsolicited texting. The Everyware Customer Success team monitors messages, campaigns and other activity across all accounts actively. When users appear to violate anti-spam rules they may be formally warned and advised on an alternate approach to achieve their objectives. If they violate rules a second time their account may be shut down indefinitely. More carriers are automatically blocking messages that violate anti-spam regulations, too. If a message appears to have been undeliverable, let the Everyware Customer Success team know and we'll help identify the delivery status and, if blocked, the reason.
Keywords for SMS Opt Ins, Outs, and More
STOP, STOPALL, UNSUBSCRIBE, CANCEL, END, or QUIT
Any of these STOP keyword replies will prevent a contact from receiving new messages from the Everyware-assigned 10 digit long code messaging number they're responding to.
When a contact texts into Everyware with one of the Opt Out keywords, they will receive the following default reply, "You have successfully been unsubscribed. You will not receive any more messages from this number. Reply START to resubscribe."
When Everyware receives one of these keywords, the contact will no longer be able to receive text messages from the business' messaging number and the contact's profile Alerts tab will show Allow SMS toggled OFF.
Once Everyware blocks a contact i.e. toggles OFF their "Allowed to SMS" status, any future attempts to message them will be met with a 400 response along with Error Code 21610 - Message cannot be sent to the 'To' number because the customer has replied with STOP.
Only single-word messages will trigger the block. For example, replying STOP will stop the contact from receiving messages from your site's messaging number, but replying "STOP PLEASE" or "PLEASE CANCEL" will not.
Please note that these STOP keyword replies only apply to the most recent number that messaged the recipient. If you are using more than one Everyware-issued long code number for sending messages, you must take additional action on each of your Everyware sales sites to prevent the customer from receiving messages from your other sites' numbers.
Contacts may also call merchants and request to opt out of messaging if they do not know to say “STOP” in a message. Merchants may use the Block SMS setting in their account for that customer’s profile if a verbal opt out occurs.
Contacts do not have to log into a website to block text messaging. They can opt out from any device.
Recipients can disable this message stop, and resume receiving messages with the START, YES, or UNSTOP commands as outlined below.
START, YES and UNSTOP
Default reply: You have successfully been re-subscribed to messages from this number. Reply HELP for help. Reply STOP to unsubscribe. Msg&Data Rates May Apply.
Any of these replies will opt customers back in to the messages coming from an Everyware-assigned 10 digit long code messaging number.
HELP and INFO
The default reply to HELP and INFO keywords sent to Everyware will be, "Reply STOP to unsubscribe. Msg&Data Rates May Apply."
