We have a zero tolerance spam policy and compliant campaign policy. Your account will be immediately terminated if you send spam or operate clearly non-compliant campaigns from TextLane. Spam is defined generally as unsolicited messages of any kind (including but not limited to mobile, email or voice messages) to persons with whom you do not have a pre-existing relationship, who have opted-out or have not requested approval for opt-in to your marketing database. Any campaigns which do not comply with industry best practice guidelines produced by organizations such as the Mobile Marketing Association’s, CTIA or Direct Marketing Association’s may also be considered non-compliant. There are many stakeholders with marketing technology for whom you need to keep abreast of regulations and updates. Aside from Government requirements (legislation such as the CAN-SPAM Act), you will need to observe Industry specific requirements such as those produced by wireless carriers (CTIA and www.usshortcodes.com ) for mobile campaigns, ISP’s for email and direct marketing principles generally (issued by direct marketing bodies such as DMA). You are required to follow directives regarding marketing campaigns at all times, otherwise your account will be at risk of termination.
For message recipients, wireless carriers, ISPs, and blacklist managers
TextLane has a no tolerance spam policy. User accounts will be terminated if unsolicited messages of any kind are sent. Please report any suspected abuse via our contact form. If applicable, please also opt-out by:
- texting STOP to the short code or number that you are receiving text messages from
- from the email newsletter using the link in the email
- visiting the website of the person sending the message and unsubscribing.
We will take the appropriate action against the sender of the message in question.
TextLane Users, Opt-ins & Non-Compliant Campaigns
All users of TextLane must agree to only send permission-based marketing messages and operate best practice marketing campaigns as part of agreeing to the TextLane Service Agreement (ISA) upon signup. This means that;
- All recipients sent messages must have legally opted-in to receive communications from the sending organization.
- All campaigns must adhere to proper opt-in principles and industry requirements, such as those pertaining to using mobile short codes.
An opt-in can occur either via an inbound mobile message, email, voice, sign-up form on a web site, in person at point of sale or via physical sheet. Any opt-in process should include a clear description of what will be sent, how often it will be sent and any terms of service. Purchased lists may not be used within TextLane, regardless of the source or permission status.
As a user of TextLane, you may not:
- automatically opt-in users who participate in an inbound campaign (without appropriate permission)
- import purchased lists (whether they are opt-in or not) or lists not containing opt-in records
- have a subscription form that opts-in users to an unrelated or third party list
- send out unrelated content to your opt-in permissions
- add personal information into a list without the subscriber's permission
- message someone who has requested to be opted-out
- utilize an opt-in list older than 6 months without reconfirming the opt-in
You are required to:
- clearly identify opt-in points and terms of service
- include opt-out information in every marketing message, such as "STOP to optout" in mobile text messages
- action opt-out requests immediately
- offer phone and physical contact points for customer service
You may be required to:
- operate double opt-in or confirmation procedures
- offer HELP services
- offer monthly reminders on content subscriptions
- respond to all inbound messages
- respond to campaign audit requests
Campaign Audit Requests
From time to time we may request information on your campaigns based on the traffic within your account or because of requests from authorized third parties, such as telecommunications carriers, for whom we need to adhere to all directions and guidelines. Particularly in the instance of mobile marketing campaigns that utilize short codes, we may need to respond to a wireless carrier audit within a tight timeframe and also comply with certain directives and changes in the way your campaigns are operating. Short codes are always at risk of being suspended by individual wireless carriers because of non-compliant marketing campaigns or persistent audit failures. This may include information on how marketing campaigns are being advertised, including online and offline examples. In all audit requests, you are required to respond quickly or within the required timeframe that we set-out, including making permanent any required campaign changes, or have your campaigns and account deemed non-compliant, with termination the final action.
The strict measures we take to enforce our policies include reviewing and list imports, message reviews, campaign checks/audits and detailed logging. Any customer found to be using TextLane for spam or ignoring notifications of non-compliant marketing campaigns will have their accounts immediately terminated and may be fined as per below.
Handling Complaints Procedure
To determine whether you have used TextLane to send spam messages or operate a non-compliant marketing campaign we will:
- review the complaint or audit in detail
- review the message and marketing campaign in question
- review your Individuals database and Group listings
- view the complainant’s Individual information and history. Whether their record was imported, how they opted-in and what messages they have sent and received.
- we may contact you for feedback, more information or required changes
Your TextLane account will be immediately terminated if you send spam. TextLane is only intended for those who follow best practice marketing principles. Using TextLane to send out spam obtained in any way other than a person opting-in to your database may incur a US$100 charge per substantiated incident in accordance with state and federal regulations.
False Positive Complaints
It is possible that those who have opted-in to your marketing messages have forgotten that they have subscribed. If we receive a complaint, we may pass the complaint on to you for resolution or provide information to the person direct and take subsequent action, such as remove or opt them out of your marketing database. If you do not action any opt-out request immediately, you are risking sending spam messages and having your account terminated.
Upon this type of complaint, we will generally notify you of the complaint, explain the action taken, and may ask to review your web site or advertising for suggested changes. If it is determined that you may be sending spam we will immediately disable your TextLane account and we will immediately contact you by email and/or phone. As soon as we are able to verify that the subscriber was indeed opted-in, we will remove such suspension. There are no discounts or refunds for disabled accounts.