This notice applies to U.S. Marketer-M8 / HighLevel clients who send text messages within the U.S. To send text messages within the U.S. you have to first go through the A2P registration process.
Please see the post from HighLevel on the 15th Feb 2024. Basically, if you send prohibited content via text then you are liable for a fine between $500 and $2000.
So prohibited content is the usual - trying to scam people, sex, hate, alcohol, firearms, and tobacco etc
But I also see it mentioned that "content must be legal federally and in all 50 states". So be aware that if just one state has issues with your text marketing then you could have a problem.
Please note that Marketer-M8 and it's staff are not lawyers, this does not constitute legal advice. Only to advise you to seek proper legal counsel.
February 15, 2024
New
LC Phone System
What do you need to know?
T-Mobile has introduced A2P 10DLC non-compliance fines for messages including prohibited content. If T-Mobile detects any messages that violate the tiers listed below, they will issue a Sev-0 violation (the most severe consumer violation), a non-compliance fine, and carriers will immediately block the offending messages.
This applies to all commercial messaging non-consumer A2P products (SMS or MMS short code, toll-free, and 10DLC) that traverse the T-Mobile network.
Because Sev-0 violations also infringe on HighLevel acceptable use and messaging policies, HighLevel will pass on these fines to you for every Sev-0 violation, starting February 15, 2024. These fines include, but are not limited to, the following:
Tier 1: $2,000: phishing (including simulated phishing sent for security testing or similar purposes), smishing, and social engineering. Social Engineering is a technique used to manipulate someone into sharing private information, like passwords or credit card numbers.
Tier 2: $1,000: illegal content (content must be legal federally and in all 50 states)
Tier 3: $500: all other violations in commercial messaging including but not limited to, SHAFT (sex, hate, alcohol, firearms, and tobacco) that do not follow federal and state law and regulations (e.g. age-gate).
These non-compliance fines apply to violations across any A2P messaging product (SMS/MMS short code, toll-free, and 10DLC).
T-Mobile reserves the right to permanently suspend any brands, campaigns, and your company’s access to the T-Mobile Network in the event violations are deemed to be excessive. If you are subject to these fines, HighLevel will send you a Sev-0 violation notice and will subsequently charge the respective fine amount.
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