• Anti-Spam Policy
  • Privacy Policy
  • TCPA (USA only)
  • CASL (Canada)

Mobile anti spam legislationThis MOBIT Mobile Marketing Anti-Text SPAM Policy (“Policy”) establishes rules that govern certain of the marketing activities undertaken in connection with the MOBIT Products and Services (as that term is defined in the MOBIT Terms of Use (“Terms”). Please review this Policy carefully.  This Policy, and the marketing activities undertaken in connection with the MOBIT Products and Services, shall be governed by all applicable MOBIT agreements including, without limitation, the Terms and MOBIT Privacy Policy (collectively, the “MOBIT Agreements”). This Policy is hereby incorporated into the MOBIT Agreements, and any and all terms and conditions contained therein shall apply to this Policy. Where there is a conflict between the terms and conditions of this Policy and those of the MOBIT Agreements, the applicable MOBIT Agreements shall govern in all respects.  Capitalized terms not defined herein shall have the meaning set forth in the Terms.  IF YOU DO NOT AGREE TO THE TERMS OF THIS POLICY IN THEIR ENTIRETY, YOU MAY NOT ACCESS OR OTHERWISE USE THE MOBIT Products and Services.

The Policy / Text SPAM

MOBIT Technologies Ltd and MOBIT LLC. (“MOBIT,” “we,” “our” or “us”), by and through this Policy and the other MOBIT Agreements, establishes strict procedures and requirements to avoid unsolicited, unexpected or unwanted text messages (collectively, “Text SPAM”).  Text SPAM includes text messages that are sent: (a) without obtaining the “prior express written consent” from the applicable Consumer Contacts to receive text messages, within the meaning of the Telephone Consumer Protection Act (47 USC § 227), and its implementing regulations adopted by the Federal Communications Commission (47 CFR § 64.1200), as amended from time-to-time (the “TCPA”); (b) in violation of other applicable law; (c) in violation of current guidelines and/or Best Practices set forth by both the Mobile Marketing Association (“MMA”) and all participating mobile telephone carriers; and (d) to a Consumer Contact about a subject that the Consumer Contact did not request to be contacted about. 

No Third-Party Databases

Our clients are only permitted to use verified opt-in Customer Contact databases in connection with the MOBIT Products and Services.  Our clients are NOT permitted to use any third-party owned lists in connection with the MOBIT Products and Services, whether or not legally sufficient consent has been obtained from the Customer Contacts on the applicable third-party owned lists.

Policy Enforcement

We do not tolerate Text SPAM in any way. If we suspect a violation of this Policy, we may, at our sole discretion, immediately suspend or terminate the users Account. Our Terms require clients to agree to the terms and conditions of this Policy.  In addition, upon incorporating a list of Consumer Contacts for use in connection with the MOBIT™ Offerings, clients are required to represent that the list is owned by them, contains only opt-in Consumer Contacts and that they otherwise comply with the terms and conditions set forth herein, as well as the Terms.

Opt-Out / Remove / Stop/ Help/ Unsubscribe

MOBIT endeavors to ensure that all Consumer Contacts that receive Client Messages by and through the MOBIT Products and Services can opt-out quickly, easily and permanently from unwanted text communications.  Initially, MOBIT requires that all clients agree to include clear opt-out/unsubscribe information in EVERY Client Message that is sent by and through the MOBIT Products and Services.  As an additional measure, all Client Messages sent using the MOBIT Products and Services can be tracked and, as such, the applicable recipient can be removed, by MOBIT, from the applicable sender list.  Lastly, Consumer Contacts that receive Client Messages can utilize the other options set forth below.  

MOBIT maintains an OPT-OUT list that restricts our clients from adding a mobile number to their list of Consumer Contacts that has previously opted-out.  If you wish to remove yourself from any Consumer Contact list, please visit http://www.mobit.com/spam-complaint and select from the options provided. You also may reply to the Client Message that you received by using the following keyword (STP).

Finally, you may send a text message containing the word "STOP" to the number (72562 for USA), (458 000 500 for Australia), (88444 for United Kingdom), (72000 in Canada, please respond with either HELP (AIDE) or STOP (ARRET), (or 268 for New Zealand) from your mobile phone.

(Example of welcome message:  Bienvenue chez { Campaign Name } Alertes! Les messages standards et les taux des données peuvent s’appliquer { Message frequency } Répondre AIDE pour de l’aide, et ARRET pour annuler.)

Please report any Text SPAM or other abuse to us directly, and include, if possible: (a) the applicable sender ID in the text message that you received; (b) your mobile telephone number (to be removed); (c) the date and time that you received the text message; and (d) the contents of the message.  You can report Text SPAM or other abuse by e-mailing us at: spam@mobit.com.

REPORT A SPAM VIOLATION   

LAST UPDATED June 4th 2016

REPORT ABUSE/UNWANTED TEXT MESSAGES : You received the Text Message(s) that you used to reach the Landing Page on behalf of the Third Party Marketer featured on the Landing Page.  MOBIT endeavors to ensure that all consumers that receive text messages can opt-out quickly, easily and permanently from unwanted text message communications. You can opt-out of receiving future text messages from the featured marketer by following the opt-out/unsubscribe instructions within the text messages that you received.

In addition, you can visit http://www.mobit.com/spam-complaint and select from the options provided. You also may reply to the Text Message(s) that you received by using the following keyword (SPAM). Finally, you may send a text message containing the word "STOP" to the number (72000 for USA), (61 458 000 500 for Australia), (88444 for the United Kingdom), (or 268 for New Zealand) from your mobile phone. In Canada, please respond with either HELP (AIDE) or STOP (ARRET).

Please report any Text SPAM or other abuse to us directly, and include, if possible: (a) the applicable sender ID in the Text Message(s) that you received; (b) your mobile telephone number (to be removed); (c) the date and time that you received the Text Messages; and (d) the contents of the Text Message(s). You can report Text SPAM or other abuse by e-mailing us at: spam@mobit.com.

If you would like further information regarding our MOBIT Mobile Marketing Anti-Text SPAM Policy, please click here.

Personally Identifiable Information Collected

We collect your personally identifiable information when you: (a) register to purchase, or receive information regarding, Third Party Products via the Landing Page; and/or (b) send us an inquiry or complaint. We may also collect your personally identifiable information when you otherwise agree to the terms of this Privacy Policy, but do not complete the applicable registration process in full. The types of personally identifiable information that we collect via the Landing Page varies depending on the information requested by the applicable Third Party Marketer.

Use of Personally Identifiable Information

By submitting your personal information on the Landing Page, you agree that we may share such personal information with the applicable Third Party Marketer in order to complete your request for information, quotes and/or Third Party Products that you requested via the Landing Page.  You agree that the Third Party Marketer may use such personal information for any lawful purposes, subject to any restrictions contained herein. Any information that you supply directly to the Third Party Marketer shall be governed by the applicable Third Party Marketer’s privacy policy.

We may use your personal information to contact you electronically, in writing, by telephone or otherwise to provide information about certain products and services offered by MOBIT and its marketing partners that MOBIT thinks might be of interest to you.

We may also employ other companies and individuals to perform certain functions on our behalf. Examples include sending direct and electronic mail, removing duplicate information from user lists, analyzing data and providing marketing analysis. The agents performing these limited functions on our behalf shall have access to our users’ personal information as needed to perform their functions for us but we do not permit them to use your personal information for other purposes.

We will also use your personal information for customer service, to provide you with information that you may request and/or to contact you when necessary in connection with transactions entered into by you via the Landing Page.  We may also use your personal information for internal business purposes, such as analyzing and managing our business. We may also combine the information we have gathered about you with information from other sources. We may use third parties to help us operate our business, the Landing Page and the Text Messages or to administer activities on our behalf.

We also reserve the right to release current or past personal information in the event that we believe that the applicable individual is using, or has used, the Landing Page and/or Text Messages: (a) in violation of this Privacy Policy or any other of our operating rules, policies, price schedules and other supplemental terms and conditions or documents that may be published by us from time to time; (b) to commit unlawful acts; (c) if such information is subpoenaed or requested pursuant to a judicial or regulatory proceeding or inquiry; provided, however, that, where permitted by applicable law, we shall provide you with e-mail notice, and opportunity to challenge the subpoena, prior to disclosure of any personal information pursuant to a subpoena; (d) if we are sold or acquired; and/or (e) when we deem it necessary or appropriate including, without limitation, sharing your e-mail address with other third parties for suppression purposes in compliance with the CAN-SPAM Act of 2003, as amended from time to time, and Federal Trade Commission implementing regulations.

We may sell, transfer or otherwise disclose user information, including personally identifiable information, to a successor entity in connection with a corporate merger, consolidation, the sale of substantially all assets or other corporate change with respect to MOBIT. Except as stated in this Privacy Policy, or as otherwise stated at the time personally identifiable information is gathered, MOBIT will not provide personally identifiable information to third parties who are not under the direction and control of MOBIT.

By registering via the MOBIT Landing Page, you agree that such act constitutes an inquiry and/or application for purposes of the Amended Telemarketing Sales Rule (16 CFR §310 et seq.), as amended from time to time (the “Rule”) and applicable state do-not-call regulations. As such, notwithstanding that your telephone number may be listed on the Federal Trade Commission’s Do-Not-Call List, and/or on applicable state do-not-call lists, we retain the right to contact you via telemarketing in accordance with the Rule and applicable state do-not-call regulations.

In addition, where you provide “prior express written consent” within the meaning of the Telephone Consumer Protection Act (47 USC § 227), and its implementing regulations adopted by the Federal Communications Commission (47 CFR § 64.1200), as amended from time-to-time (“TCPA”), you consent to receive text messages and telephone calls, including artificial voice and pre-recorded messages and/or calls delivered via automated technology, to the telephone number(s) that you provided, from: (i) us relating to your use of the Landing Page; and (ii) the applicable Third Party Marketer relating to the Third Party Products, as applicable. You understand and agree that this consent applies even if your telephone number is a wireless number. You further acknowledge and agree that you are not required to consent to the above stated terms to gain access to the Landing Page and/or make a purchase.

Non-Personally Identifiable Information

Cookies

To enhance your experience with the Landing Page, we may use cookies. “Cookies” are alphanumeric identifiers that we transfer to your mobile device through its web browser to enable our systems to recognize your mobile device’s browser and to provide certain Landing Page-usage features. Cookies, by themselves, do not tell us your e-mail address or other personally identifiable information unless you choose to provide this information to us by, for example, registering on the Landing Page.

We use cookies to understand Landing Page and Text Message usage and to improve same.  Many mobile devices are initially set up to accept cookies, but you can reset your mobile device to refuse all cookies or to indicate when a cookie is being sent. To disable and reject certain Cookies, follow the instructions associated with your mobile device’s Internet browser. Even in the case where an end-user rejects a cookie, he or she may still use the Landing Page; provided, however, that your ability to utilize certain features of the Landing Page may be impaired. We reserve the right to retain cookie data indefinitely.

Mobile Device, Landing Page Usage and Location

We may collect certain non-personally identifiable information about you and your mobile device when you access the Text Messages and/or Landing Page.  This non-personally identifiable information includes, without limitation, the following information pertaining to your mobile device and your use of the Text Messages and/or Landing Page: mobile device platform type; SDK version; timestamp; API key (identifier for the App); App version; mobile device identifier; iOS Identifier for Advertising; iOS Identifier for Vendors; Media Access Control (MAC) address; International Mobile Equipment Identity (IMEI); the model type, manufacture and iOS version of the mobile device; your Text Messages and/or Landing Page session start/stop time and date; and the actions taken while utilizing the Text Messages and/or Landing Page.

We use the non-personally identifiable information that we collect to improve the design and content of the Text Messages and/or Landing Page.  We also may use this information in the aggregate to analyze Text Messages and/or Landing Page usage.

Behavioral Tracking

Neither MOBIT, nor any third parties, place cookies or other tracking technology on the Landing Page that tracks users’ activities after they leave the Landing Page.

Third Party Links

The Text Messages and/or Landing Page may contain links to third-party owned and/or operated websites and, where you request products and/or services from Third Party Marketers, MOBIT may transfer you directly to the websites of such Third Party Marketers. MOBIT is not responsible for the privacy practices or the content of such third-party websites including, but not limited to, the websites of our Third Party Marketers. In some cases, you may be required to provide certain information to register or complete a transaction at such third-party website. These third-party websites have separate privacy and data collection practices and MOBIT has no responsibility or liability relating to them. We do not endorse, nor are we responsible for the accuracy of, the privacy policies and/or terms and conditions of such third-party websites. These third party entities are not affiliated with us in any way.

Third-Party Offers

MOBIT provides its users with the opportunity to receive special offers, products and/or services from third-parties including, but not limited to, Third Party Marketers. Where you indicate the desire to receive information, quotes, offers, products or services from a third party, your personally identifiable information that was provided during that MOBIT information collection process will be shared with the applicable third party so that such third party may provide the requested material to you.  In addition, your personally identifiable information that was provided during that MOBIT information collection process will be shared with the applicable Third Party Marketers.

Deleting and Updating Your Information

At your request, we will inform you of what personal information we have on file for you.  In addition, at your request, we will remove personal information that you have provided to us, or that we have collected. You may do so by contacting us via e-mail at: support@mobit.com; provided, however, that we ask individuals to identify themselves and the information requested to be accessed, corrected or removed before processing such requests, and we may decline to process requests that are unreasonably repetitive or systematic, require disproportionate technical effort, jeopardize the privacy of others or would be extremely impractical (for instance, requests concerning information residing on backup tapes).

Please be advised that deleting your personal information will only delete the personal information contained in our database.  This deletion will not change or delete personal information which may have already been shared with third parties, all as provided above in this Privacy Policy.  You will need to contact the third parties that contact you directly to change your preferences regarding their use of your personal information.

Please be further advised that, after you delete your personal information, residual copies may take a period of time before they are deleted from our active servers and may remain in our backup systems.

Opt-Out/Unsubscribe

You may at any time choose to stop receiving e-mail advertising, SMS text-based marketing (where and to the extent permitted by applicable law), telemarketing and direct mail marketing from us by following the instructions at the end of the applicable marketing message or e-mail us at: info@MOBIT.com.

Notwithstanding the foregoing, we may continue to contact you for the purpose of communicating information relating to your request for information, quotes, products and/or services via the Landing Page, and to respond to any inquiry submitted to us.  To opt-out of receiving Landing Page-related and inquiry response-related messages from us, you must cease requesting material via the Landing Page and cease submitting inquiries to us, as applicable.

When you submit personally identifiable information to MOBIT, you have opted-in to request that we share your personal information with Third Party Marketers to receive marketing communications. When contacted by any of these Third Party Marketers, you should notify them directly of your choices regarding their use of your information.

Minors

Individuals under eighteen (18) years of age (or the applicable age of majority, if greater than eighteen (18) years of age) are not permitted to use and/or submit their personal information via the Landing Page.  We do not knowingly solicit or collect information from visitors under eighteen (18) years of age (or the applicable age of majority, if greater than eighteen (18) years of age).  We encourage parents and guardians to spend time online with their children and to participate and monitor the interactive activities of their children.

Security

We endeavor to safeguard and protect our users’ personal information.  When users make personal information available to us, their personal information is protected both online and offline (to the extent that we maintain any personal information offline).  The privacy of your personal information is very important to us.  When our registration process asks users to submit sensitive information (such as credit card information), and when we transmit such sensitive information, that sensitive information is encrypted and is protected with Secure Sockets Layer (“SSL”) encryption software.

Access to your personal information is strictly limited, and we take reasonable measures to ensure that your personal information is not accessible to the public. The servers that we store personal information on are kept in a secure physical environment. We also have security measures in place to protect against the loss, misuse and alteration of personal information under our control. Please be advised, however, that while we take every reasonable precaution available to protect your data, no storage facility, technology, software, security protocols or data transmission over the Internet can be guaranteed to be 100% secure.

Computer hackers that circumvent our security measures may gain access to certain portions of your personal information, and technological bugs, errors and glitches may cause inadvertent disclosures of your personal information; provided, however, that any attempt to breach the security of the network, our servers, databases or other hardware or software may constitute a crime punishable by law.  For the reasons mentioned above, we cannot warrant that your personal information will be absolutely secure. Any transmission of data at or through the Landing Page is at your own risk.

Only employees or third-party agents who need personal information to perform a specific job are granted access to our users’ personal information. Our employees are dedicated to ensuring the security and privacy of all user personal information. Employees not adhering to our firm policies are subject to disciplinary action. In compliance with applicable federal and state laws, we shall notify you and any applicable regulatory agencies in the event that we learn of an information security breach with respect to your personal information. You will be notified via e-mail in the event of such a breach. Please be advised that notice may be delayed in order to address the needs of law enforcement, determine the scope of network damage, and to engage in remedial measures.

Changes to Privacy Policy

We reserve the right to change or update this Privacy Policy at any time by posting a notice on the Landing Page that we are changing our Privacy Policy. If the manner in which we use personal information changes, we will notify users by: (a) sending the modified policy to our users via email; and/or (b) by any other reasonable means acceptable under applicable state and federal law. You will have a choice as to whether or not we use your information in this different manner and we will only use your information in this different manner where you opt-in to such use.

Contact Us

If you have any questions regarding this statement, or would like more information on our privacy practices, please e-mail us at info@mobit.com or call us at USA (866) 662 4876 during business hours.

REPORT A PRIVACY VIOLATION   

New Telephone Consumer Protection Act (TCPA) - USA ONLY

The Federal Communications Commission (“FCC”) in the United States introduced new rules under the Telephone Consumer Protection Act (“TCPA”) that went into effect on October 16, 2013. The TCPA makes it unlawful for a person to “initiate” a telephone call to a residential line and to wireless numbers for non-emergency purposes without the prior express written consent of the called party.  In lay terms, for people using the MOBIT or any other text service for marketing, this means you must adhere to the new rules when marketing in the USA via text/SMS. The TCPA applies to both voice and short message service (SMS) text messages, if they are transmitted for marketing purposes. The TCPA provides for a private right of action with damages ranging from $500.00 to $1,500.00 per unsolicited call/message.

What's new

The new rules require marketers to:

Obtain prior express written consent before sending SMS/text marketing messages. Consent must be unambiguous, meaning:The consumer must receive a clear and conspicuous disclosure that he/she will receive future text messages on behalf of a specific marketer; and his/her consent is not a condition of purchase; and he/she much designate a phone number to which messages will be delivered (which should not be auto-populated by the marketer in an online form).

Obtain express written consent, even if you had a prior business relationship with the consumer. Therefore, for example, phone numbers gathered at the point of sale or purchase without express written consent for SMS opt-in are not approved for ongoing promotional use. The prior business relationship exception under the TCPA no longer applies.

How is “consent” defined?

The FCC has determined that written agreements obtained in compliance with the E-SIGN Act will satisfy the requirements of the rule, such as, for example, agreements obtained via text message, website form, and other valid forms (see FCC link for more info: http://www.fcc.gov/document/telephone-consumer-protection-act-1991).

Are any types of messages excepted from these regulations?

All marketing messages are required to comply with these express written consent regulations. Some small exceptions exist, including messages sent by schools, cellular carriers, and healthcare-related messages. Purely transactional messages (e.g. account alerts, travel updates, shipping notifications, etc.) are also exempt so long that they do not include any promotional content.

What you must do to comply:

If you don’t have express written consent for all, or some, consumers on your marketing list—or you’re not sure—you are now required to re-opt-in those numbers before if they did not do so before October 16, 2013. Example one-time campaign: “[Company] would like to continue to send you SMS @ this number. 2msgs/mnth. Text HELP for help. STOP to end. Msg&data rates may apply. Reply KEYWORD to confirm today.”

Remove any auto-population of phone numbers on any online web form collecting consent for sending SMS marketing messages (the consumer must enter his/her phone number into the form in order to comply).

How MOBIT helps you to comply

Although the TCPA applies to the United States only, MOBIT have adopted these process as best practice and recommends that our international clients outside the USA  adhere to these guidelines in order to provide the best and most professional experience to their audience.

In compliance with MOBIT's best practices and guidelines (in addition to contractual obligations), you are required to confirm that all phone numbers used for promotional SMS/text have been collected with express written consent. There are three ways with MOBIT that you can do this, these are:

  • You complete our opt-in permission form when importing your contacts into MOBIT. A valid and approved permission method accepted by the TCPA is to have a voice recording of your contacts opt in confirmation. This recording must state the number of messages your contact anticipates to receive and outline the process and numbers for them to opt out. The voice message must be saved for a period of five (5) years.
  • Your contact responds to your KEYWORD campaign. MOBIT automatically send these contacts an approved TCPA opt-in message for them to accept. Once they do so, their permission is recorded in our database and held for a period of five (5) years as legal proof. If the same contact 'unsubscribes' or opts-out of your marketing then this is recorded against their contact record and MOBIT will not allow any messages to be sent to this contact. The only way this can be changed is for your contact to opt back in via the web widget form we provide for your website or by texting in your opt in KEYWORD.
  • MOBIT provide you with a web widget form that you can customize for branding purposes and place on your website. This form has all the required TCPA wording and automatically enters the contact details and permission into MOBIT when completed.

Each and every MOBIT landing page template includes predefined and TCPA compliant links to our Terms and Conditions, Anti spam and Privacy Policies. We also provide a clearly highlighted UNSUBSCRIBE button where users can opt-out to your messages at any time.

Additional Information:

If you are unsure of how this new legislation effects you in your specific country then please be sure to consult with your legal counsel and review the full country specific anti spam legislation at the links below.

For USA - http://www.fcc.gov/document/telephone-consumer-protection-act-1991
For New Zealand - http://www.dia.govt.nz/services-anti-spam-index
For Australia - http://www.comlaw.gov.au/Series/C2004A01214
For United Kingdom https://ico.org.uk/for-organisations/guide-to-pecr/electronic-mail  

The information here is provided for informational purposes only. It is neither legal advice nor a substitute for obtaining legal advice from your attorney. We recommend that you consult your legal council before engaging in mobile marketing activities..

CONTACT US IF YOU HAVE QUESTIONS ABOUT THE TCPA   

Canada's Anti-Spam Law (CASL) is one of the toughest laws of its kind in the world, making its application and interpretation rather tricky.

This article outlines some of the highlights of the new legislation. This is not legal guidance, and you should consult your own counsel for legal advice on how to interpret CASL. You can also read more about CASL on fightspam.ga.ca.

What Activities CASL Covers:

CASL covers the sending of 'commercial electronic messages' that may be accessed by a computer in Canada (which usually just means cases where the recipient is in Canada). CASL covers more than just email -- it also covers texts, IMs, and automated cell phone messages sent to computers/phones in Canada.

Who Can you Send Messages To?

CASL requires you to get explicit consent before sending someone a message. However, there are limited exceptions to the 'explicit consent' rule. There are three situations where 'implied consent' -- meaning you don't have a reason to believe you shouldn't send the email -- should be okay:

1) You have an active business relationship with the recipient.

An active business relationship exists if you have sold something to the recipient within the past 2 years, or the recipient has made an inquiry about your products at any point within the 6 months before you sent the email in question.

2) The recipient published his or her mobile number to a public website with no caveats about terms of being contacted.

For instance, if someone puts their email address or mobile number on their website, but doesn't include a caveat like "but don't send me anything" or "no spam, please".

3) Someone whose 'business activities' are relevant to the message you're sending has given you their contact info without indicating they don't want to receive your messages.

It's important to note that CASL provides some other exceptions that we don't go into here because they're less relevant to an average business situation.

There is a 36 month transition period ending June 30, 2017, during which time consent may be implied if the recipient has not explicitly withdrawn consent AND the recipient has either:

  • Purchased something from you in the past, or
  • Has made an inquiry of you at some point in the past

Note: This is the same idea as a business relationship explained above except that the time limits have been removed.

What 'Explicit Consent' Means.

All requests for consent must touch on the following three points:

1)Purpose(s): You must specify exactly why you want the consent (e.g., "We'd like to send you newsletters and occasional special offers").
2)Information: You must give your identifying/contact information as well as the contact info of anyone else you're getting the consent on behalf of. This includes name, mailing address, and a phone number or email for contact.
3)That they can "un-consent": You must tell them that if they want to withdraw their consent, they can.

You can get this in writing or verbally, but you should keep a record of when/how you obtained consent.

It's important to note that the recipient has to manually 'opt in,' so pre-checked checkboxes are not okay for getting consent. One that the users check themselves is okay, as is a box that the users type their email addresses into with a submission button next to it that users hit, but those must also be accompanied with something explaining why you want their consent (the purpose), who you are (information), and that they can un-consent. Additionally, you can't just put "... and I consent to receive emails" into your website's legal copy.

What You Have to Include in Your SMS Messages

All messages you send must include the following three points:

1): Identity: You must identify yourself as the sender of the message, and give the identity of anyone you're sending it on behalf of.

2): Contact Info: You must provide contact information that lets the recipient easily contact you.

3): Unsubscribe Mechanism: You must give the recipient a free and easy way to unsubscribe via a link to a website. That link has to be valid for at least 60 days, and you have to make sure the unsubscribe request is honored within 10 days.

Your Obligations and Ours

Ultimately, as the message-sender, you have to understand your obligations and determine how to be in compliance. You should review the CASL with your own counsel. If you use MOBIT for your mobile messaging and marketing, you have the tools you need to run a CASL-compliant mobile messaging program, though it is still solely your responsibility to ensure compliance with CASL.

You can learn more about CASL on their website -- fightspam.ga.ca.

Legal Disclaimer

This article has provided information about the law designed to help our users better understand the legal issues surrounding mobile messaging and marketing. But legal information is not the same as legal advice -- the application of law to an individual’s specific circumstances. Although we have conducted research to better ensure that our information is accurate and useful, we insist that you consult a lawyer if you want professional assurance that our information, and your interpretation of it, is accurate. To clarify further, you may not rely upon this information as legal advice, nor as a recommendation or endorsement of any particular legal understanding, and you should instead regard this article as intended for entertainment purposes only.

CONTACT US IF YOU HAVE QUESTIONS ABOUT THE CASL