Compliance Monitoring and Enforcement on the Virgin Mobile Network
←
→
Page content transcription
If your browser does not render page correctly, please read the page content below
1
Compliance Monitoring and Enforcement on the Virgin Mobile Network
As an integral part of initial program approval, before launch of a shortcode on its network, Virgin Mobile requires the
aggregator to submit to compliance@psmsindustrymonitor.com a dedicated email address operated by the content provider to
receive communications from the Virgin Mobile Compliance Team. The content provider’s email address must be live 24/7,
and any changes to that email address must be provided to compliance@psmsindustrymonitor.com at least 30 days before
taking effect. In addition, the address compliance@psmsindustrymonitor.com must be white listed to ensure that email sent is
not marked as spam.
Compliance Monitoring Process
The Virgin Mobile Compliance Team evaluates weekly all PSMS programs, including Spanish language and WAP, that
operate live on the Virgin Mobile network against standards published as 1) the Virgin Mobile Shortcode Violations and
Actions Required list, 2) the Virgin Mobile Shortcode Violations and Actions Required for Jump Pages list, 3) the Virgin Mobile
Marketing-to-Children Violations and Actions Required list, and 4) the Virgin Mobile Message Flow Violations and Actions
Required list. Virgin Mobile classifies elements within program advertising creative and related SMS message flows that
violate these standards as Severity 1, Severity 2, or Severity 3, based on the seriousness of the infraction. Each shortcode
associated with these creative and message flows is then designated either “Pass” or “Fail,” with failures assigned the highest
severity level as reflected in the audit. Compliance monitoring is ongoing, throughout 52 weeks of the year. Consequently,
noncompliant advertising creative intercepted in market at any time results in the related shortcode being cited, even if a
previously open audit on that shortcode has just been closed. The descriptor “closed audit” simply means that an
advertisement has been brought into compliance or is no longer active; nevertheless, all violations cited on that audit still incur
the prescribed penalty. Moreover, please note that audits of print and TV advertisements containing one or more violations will
remain “open” until the Virgin Mobile Compliance Team no longer sees the failing creative in market.
Virgin Mobile’s Shortcode Violations and Actions Required list s are updated regularly, and before the revisions take effect, the
lists are distributed to the aggregators and content providers whose PSMS programs operate through the Virgin Mobile
gateway. These updates are released at least 30 days before implementation. Please note that in some instances, and
depending on the severity and risk level, immediate compliance might be mandated.
Enforcement Process
For each shortcode classified as having a Severity 1, Severity 2, or Severity 3 failure, a separate Program Violation Notice,1
known informally as a failure form, is issued via compliance@psmsindustrymonitor.com to the responsible content provider,
with the associated aggregator receiving a copy. The failure form lists the violations cited on that shortcode, as a whole and
individually for each advertisement intercepted, and the actions required to resolve them. It also contains copies of SMS
message flows, if appropriate, as well as links to full-size screenshots and video clips of intercepted advertising creative.
Within the prescribed time period following issuance of a failure form,2 the content provider must respond to the Virgin Mobile
compliance email address (compliance@psmsindustrymonitor.com) with confirmation that all violations have been resolved.
The Virgin Mobile Compliance Team then reevaluates the shortcode to verify that the actions required have been taken. For a
shortcode now in compliance, the open audit status is closed. If Virgin Mobile fails to receive confirmation, regardless of
1 See pages 2 and 3 for instructions on using Program Violation Notices to manage and correct outstanding violations and accessing the WMC In-
Marketing Monitoring Portal.
2 See page 3 for prescribed periods for resolving Severity 1, Severity 2, and Severity 3 violations.
Compliance Monitoring and Enforcement on the Virgin Mobile Network rev 1.87
09/27/2009
VIRGIN MOBILE PROPRIETARY AND CONFIDENTIAL
►Yellow highlights indicate all changes and additions since the previous revision. Unless otherwise noted, updates to the instructions as well as the Virgin Mobile Shortcode
Violations and Actions Required lists become effective immediately.2
cause, or the content provider fails to take the actions required, the shortcode is subject to further action—up to and including
deprovisioning from the Virgin Mobile network.
Q&A Process
On receipt of a Program Violation Notice, or failure form, content providers may submit good faith questions to
compliance@psmsindustrymonitor.com by replying to the ticket. The reply, which must preserve the ticket subject field, should
pose specific questions or outline issues relating to the cited violations (noting failure form number and shortcode) and contain
the screenshot of the interception on which the query is based. The Virgin Mobile Compliance Team responds within two
business days to all such messages. Generally, except in extreme circumstances, no extensions are given on time to bring
failed creative into compliance, regardless of Q&A status.
Appeals Process
Content providers who feel they have a legitimate claim may challenge an audit by responding appropriately to
compliance@psmsindustrymonitor.com within 48 hours of receiving a Program Violation Notice. The email message should
state explicitly why the content provider deems the audit incorrect and should include proof to validate this claim. Virgin Mobile
Compliance Team members assume primary responsibility for handling appeals as they do for compliance monitoring,
enforcement, and Q&A. When necessary, they engage Virgin Mobile management personnel to resolve issues, but
explanations the Team members provide govern the appeals process. The outcome of the appeals process will be validated
on a per-creative basis at Virgin Mobile’s discretion. The descriptor “appeal denied” indicates that Virgin Mobile has rejected
the claim as unsubstantiated and that the prescribed penalty applies. “Appeal valid” indicates that Virgin Mobile deems the
content provider’s claim legitimate and that the relevant violation or violations are removed from the audit.
◊ ◊ ◊
Using Program Violation Notices
To help content providers manage and correct violations cited on their advertising creative, Virgin Mobile distributes color-
coded Program Violation Notices, or failure forms, weekly. At the top of each failure form is a unique form number and the
notice date, shortcode, content provider, and aggregator. A red failure form indicates that the most serious violations
committed on that shortcode are categorized as Severity 1. An orange failure form indicates that the most serious violations
on the shortcode are categorized as Severity 2. And, a yellow failure form indicates that all violations on the shortcode are
categorized as Severity 3.
Content providers should consult the failure form for a complete list of violations committed on the referenced shortcode and
to learn what they must do to bring the creative into compliance with MMA CBP and Virgin Mobile policies. Below the list of
violations and actions required are thumbnail images of each piece of advertising creative on that shortcode captured during
the review period. For online advertisements, the link below the thumbnail leads to the actual Website where the creative
appears.
To access an itemized list of specific violations on any individual piece of creative, with severity levels and actions required to
correct the violations, the user should click on the associated thumbnail and, when prompted, enter his or her case-sensitive
username and password as well as the two CAPTCHAs. Clicking on the thumbnail just above the itemized list takes the user
Compliance Monitoring and Enforcement on the Virgin Mobile Network rev 1.87
09/27/2009
VIRGIN MOBILE PROPRIETARY AND CONFIDENTIAL
►Yellow highlights indicate all changes and additions since the previous revision. Unless otherwise noted, updates to the instructions as well as the Virgin Mobile Shortcode
Violations and Actions Required lists become effective immediately.3
to a full-size screenshot or video clip of the creative as it appeared in market on the capture date. For online advertisements,
the Intercept Location link takes the user to the actual Website where the creative appears.
Content provider and aggregator staff who misplace their credentials or experience technical difficulties may contact
support@psmsindustrymonitor.com for assistance. Severity 1 violations are more egregious, of course, than Severity 3
violations, but Virgin Mobile expects content providers to resolve all violations according to the guidelines outlined on page 1.
Accessing Program Violation Notices via the WMC In-Market Monitoring Portal
Content providers, and the aggregators who manage them, can review Program Violation Notices, or failure forms, also by
logging in to the Wireless Media Consulting (WMC) In-Market Monitoring Portal at
http://www1.psmsindustrymonitor.com/user/login. When prompted, the user should enter his or her case-sensitive username
and password as well as the two CAPTCHAs. The first screen lists the user’s number of open audits and number of closed
audits. By entering a date range in the fields below the audit numbers and clicking the Search button, the user may look for
specific audits during the period of interest. A second screen lists all audits during that time period, both open and closed, by
unique form number, shortcode, carrier, dates opened and closed, and current status. Clicking on the unique form number (in
the Document # column) next to the shortcode associated with an audit takes the user to the relevant failure form.
◊ ◊ ◊
Virgin Mobile Shortcode Violations and Actions Required
The Virgin Mobile Shortcode Violations and Actions Required list expresses the violations encountered in advertising creative
among shortcodes operating through the Virgin Mobile gateway. These violations, which contravene MMA Consumer Best
Practices standards and Virgin Mobile policies, are assigned a severity level—1, 2, or 3—corresponding to the seriousness of
the infringement. Each violation also is associated with an action that Virgin Mobile requires for the advertising campaign’s
continued operation. Virgin Mobile expects content providers to respond to Program Violation Notices promptly:
Violations pertaining to adult content (Severity 1) must be resolved immediately on notification from Virgin Mobile.
Content providers must remove from the Virgin Mobile network, without delay, creative that advertises adult content
or implies availability of adult content for download to the mobile handset.
All other Severity 1 violations must be resolved within four days of distribution of Program Violation Notices to the
content providers; Severity 2 must be resolved within seven days of Program Violation Notices distribution; and
Severity 3 violations must be resolved within ten days of Program Violation Notices distribution. Content providers
must take the specific actions required that are associated with their violations listed on the Program Violation
Notices.
Please note that these violations and actions required apply to PSMS program advertisements online (traditional landing
pages as well as to cell-submit jump pages) and in print publications, TV, and radio. Separate audit standards, known as the
Virgin Mobile Shortcode Violations and Actions Required for Jump Pages list, apply to button-bar jump pages. Yet additional
audit standards, known as the Virgin Mobile Marketing-to-Children Shortcode Violations and Actions Required list, apply to
PSMS program advertisements that target minor audiences. Moreover, although content providers need not own or manage
the jump pages representing their offers, they nevertheless assume full responsibility for ensuring that their affiliate partners
market their offers in a manner consistent with these documented standards.
Compliance Monitoring and Enforcement on the Virgin Mobile Network rev 1.87
09/27/2009
VIRGIN MOBILE PROPRIETARY AND CONFIDENTIAL
►Yellow highlights indicate all changes and additions since the previous revision. Unless otherwise noted, updates to the instructions as well as the Virgin Mobile Shortcode
Violations and Actions Required lists become effective immediately.4
A content provider’s failure to comply promptly and completely with Program Violation Notices will result in Virgin Mobile’s
swift action against both aggregator and content provider:
Aggregators will face penalties for failure to manage their content providers within these documented standards.
Content providers’ repeated noncompliance, or even obvious efforts to skirt the spirit of these documented standards,
might result in temporary or permanent suspension of the shortcodes in question.
Virgin Mobile monitors creative in market, and this document is updated regularly to address new violations as soon as they
arise. With each update, the carrier expects content providers to ensure that all of their creative, current in addition to new,
meets the most recent standards. If any of the standards seems unclear, content providers may send a detailed message to
offportal@virginmobileusa.com explaining why clarification is needed.
Virgin Mobile Shortcode Violations and Actions Required for Jump Pages
The Virgin Mobile Shortcode Violations and Actions Required for Jump Pages apply to PSMS program advertisements on
button-bar jump pages only. These abbreviated audit standards, nevertheless, are applied in exactly the same way as other
Virgin Mobile audit standards, including the prescribed periods for resolving violations and the application of penalties for
noncompliance.
Virgin Mobile Marketing-to-Children Violations and Actions Required
In addition to the Virgin Mobile Shortcode Violations and Actions Required list, the Virgin Mobile Marketing-to-Children
Violations and Actions Required list governs audits of advertisements for PSMS programs aimed at minors. Because of the
nature of this audience, violations address issues such as language clarity and legal age or parental permission disclosure.
◊ ◊ ◊
Please keep in mind that . . .
Landing pages must identify the content provider (by shortcode) and the service provider; display the pricing and
subscription disclosure, when applicable, in the main offer; and spell out the offer terms and conditions (T&Cs),
including billing method, other charges, and opt-out information. In addition, landing pages must comply fully with
MMA Consumer Best Practices and Virgin Mobile policies.
Jump pages may not serve as a collection site for phone numbers and PINs; this information may be entered only on
landing pages controlled by content providers themselves.
Use of the term free is prohibited in advertising creative for PSMS offers, and Virgin Mobile will continue to cite this
violation vigorously. The only exceptions include Free as a proper noun—such as in song titles (e.g., “Free Bird,”
“Love Is Free”) and artist names (e.g., Free, Free the Robots, Suga Free)— free in common expressions (e.g.,
hassle-free, toll-free, sugar-free), and other similar usage that clearly does not imply the customer will receive
something without charge.
Compliance Monitoring and Enforcement on the Virgin Mobile Network rev 1.87
09/27/2009
VIRGIN MOBILE PROPRIETARY AND CONFIDENTIAL
►Yellow highlights indicate all changes and additions since the previous revision. Unless otherwise noted, updates to the instructions as well as the Virgin Mobile Shortcode
Violations and Actions Required lists become effective immediately.5
Virgin Mobile Shortcode Violations and Actions Required
Violations Severity Actions Required
Program Contains unapproved or adult content 1 Remove unapproved/adult content
Implies unapproved or adult content 1 Remove implied unapproved/adult content
Contains profanity 1 Remove profanity
Contains reference to abuse of controlled substance 1 Remove reference to abuse of any controlled
(e.g., alcohol, drugs, tobacco) substance
Promotes alcohol consumption 1 Remove promotion for alcohol consumption
No product or service disclosure 1 Disclose product or service in main offer
Product or service disclosure hidden in T&Cs 1 Disclose product or service in main offer
No product quantity for Virgin Mobile customers 1 Disclose product quantity for Virgin Mobile customers
in main offer
Unlimited binary content 1 Limit binary quantity
Substitute program for Virgin Mobile customers 1 Disclose Virgin Mobile participation in main offer
PSMS sweepstakes campaign 1 Discontinue offer or offer of sweepstakes campaigns
involving premium charges
PSMS reverse auction campaign 1 Discontinue PSMS reverse auction campaign
Prechecked promotional offer or offers 1 Uncheck promotional offer box or boxes
Misrepresentation of product offering 1 Reconcile, among main offer, CA, and T&Cs, all
references to product type
Misrepresentation of product quantity 1 Display only actual product quantity per subscription
term (e.g., 15 ringtones/mo.)
Product offering associated with stacked marketing 1 Remove offer from stacked marketing flow
Program sponsor not identified 1 Identify program sponsor
Multiple program sponsors 2 Limit each offer to one program sponsor
Unapproved carrier endorsement 1 Remove carrier endorsement
Superimposed text 1 Remove superimposed text
Cell-submit function located on affiliate-controlled 1 Move cell-submit function to program sponsor–
(aka host ‘n’ post) page controlled page
Games unavailable to Virgin Mobile customers 3 Disclose Virgin Mobile participation in main offer
Binary unavailable to Virgin Mobile customers 3 Disclose Virgin Mobile participation in main offer
Pricing No Virgin Mobile pricing 1 Display Virgin Mobile pricing in main offer
Binary priced below $.99 per item 1 Increase price for binary to at least $.99 per item
Pricing above $20.00 per month 1 Limit subscription pricing to $20.00 or less per month
Pricing not displayed adjacent to CA 1 Display pricing above the fold and adjacent to CA,
within 2 inches of action button or MDN/PIN entry
field
Virgin Mobile pricing hidden in T&Cs 1 Display Virgin Mobile pricing in main offer
Prechecked pricing acceptance 1 Uncheck pricing acceptance box
Conflicting pricing 1 Display correct pricing
Pricing illegible 1 Increase point size and alter color scheme to improve
contrast
Use of the term free when it applies to product or 1 Remove the term free when it applies to product or
service that comes with purchase service that comes with purchase
Carrier-specific pricing unspecified 1 Specify pricing for each carrier individually
Unclear Virgin Mobile pricing 1 Specify Virgin Mobile pricing individually
Pricing spelled out in main offer 2 Express pricing as numerals in main offer
Compliance Monitoring and Enforcement on the Virgin Mobile Network rev 1.87
09/27/2009
VIRGIN MOBILE PROPRIETARY AND CONFIDENTIAL
►Yellow highlights indicate all changes and additions since the previous revision. Unless otherwise noted, updates to the instructions as well as the Virgin Mobile Shortcode
Violations and Actions Required lists become effective immediately.6
Virgin Mobile Shortcode Violations and Actions Required continued
Violations Severity Actions Required
Subscription No subscription disclosure or term 1 Display subscription disclosure or tem in main offer
Subscription disclosure or term not displayed 1 Display subscription disclosure or term above the
adjacent to CA fold and adjacent to CA, within 2 inches of action
button or MDN/PIN entry field
Subscription disclosure or term hidden in T&Cs 1 Display subscription disclosure or term in main offer
Unclear subscription term 1 Reconcile, among main offer, CA, and T&Cs, all
references to subscription term
T&Cs No link to comprehensive T&Cs [print and TV] 1 Display link to comprehensive T&Cs
Generic T&Cs 1 Display separate T&Cs for disparate products or
services
T&Cs illegible 1 Increase point size and alter color scheme to improve
contrast
T&Cs displayed below MDN/PIN entry field [WAP] 1 Display T&Cs, or a link to comprehensive T&Cs,
above the fold
Prechecked T&Cs acceptance 1 Uncheck T&Cs acceptance box
Automatic opt-in to unrelated ads and promos with 1 Discontinue automatic opt-in to unrelated ads and
current program opt-in promos
Scrolling T&Cs 1 Make T&Cs static
Ad contained within invisible scrolling frame 1 Reveal scroll bar
(accessible only with scroll wheel)
T&Cs contained in separate scroll-box 2 Remove scroll from offer
No opt-out information 2 Display STOP as opt-out command
Incorrect/unclear opt-out information 2 Associate opt-out command with shortcode
Charges and No mention of billing method 3 Disclose billing method
Billing Conflicting billing methods 3 Disclose correct billing method
No mention that message and data rates may apply* 3 Disclose that message and data rates may apply
*Becomes effective October 1, 2009, for online advertising and January 1, 2010, for print, TV, and radio advertising.
Compliance Monitoring and Enforcement on the Virgin Mobile Network rev 1.87
09/27/2009
VIRGIN MOBILE PROPRIETARY AND CONFIDENTIAL
►Yellow highlights indicate all changes and additions since the previous revision. Unless otherwise noted, updates to the instructions as well as the Virgin Mobile Shortcode
Violations and Actions Required lists become effective immediately.7
Virgin Mobile Shortcode Violations and Actions Required for Jump Pages
Violations Severity Actions Required
Program Contains unapproved or adult content 1 Remove unapproved/adult content
Implies unapproved or adult content 1 Remove implied unapproved/adult content
Contains profanity 1 Remove profanity
PSMS sweepstakes campaign 1 Discontinue offer or offer of sweepstakes campaigns
involving premium charges
PSMS reverse auction campaign 1 Discontinue PSMS reverse auction campaign
Prechecked promotional offer or offers 1 Uncheck promotional offer box or boxes
Games unavailable to Virgin Mobile customers 3 Disclose Virgin Mobile participation in main offer
Binary unavailable to Virgin Mobile customers 3 Disclose Virgin Mobile participation in main offer
Substitute program for Virgin Mobile customers 3 Disclose Virgin Mobile participation in main offer
Pricing Use of the term free when it applies to product or 1 Remove the term free when it applies to product or
service that comes with purchase service that comes with purchase
Conflicting pricing 3 Display correct pricing
Unclear Virgin Mobile pricing 3 Specify Virgin Mobile pricing individually
Pricing above $20.00 per month 3 Limit subscription pricing to $20.00 or less per month
Virgin Mobile Marketing-to-Children Violations and Actions Required
Violations Severity Actions Required
Program Ad language unlikely to be understood by target 1 Describe offer clearly and concisely, in language
audience target audience can understand
Pricing No pricing (audio) [TV] 1 Articulate pricing clearly
No pricing (video) [TV] 1 Display program pricing in main offer, T&Cs, or both
Subscription No subscription disclosure (audio) [TV] 1 Articulate subscription disclosure clearly
No subscription disclosure (video) [TV] 1 Display subscription disclosure in main offer, T&Cs,
or both
T&Cs No URL or toll-free telephone number to access 1 Display URL or toll-free telephone number where
complete T&Cs customers can access complete T&Cs
No legal age or parental permission disclosure 1 Disclose clearly that customer must be 18 or older or
[online and print] have parental permission to participate
No legal age or parental permission disclosure 1 Disclose clearly that customer must be 18 or older or
(audio) [TV] have parental permission to participate
No legal age or parental permission disclosure 1 Disclose clearly that customer must be 18 or older or
(video) [TV] have parental permission to participate
No customer cancellation disclosure 2 Disclose clearly that customer may cancel anytime
Compliance Monitoring and Enforcement on the Virgin Mobile Network rev 1.87
09/27/2009
VIRGIN MOBILE PROPRIETARY AND CONFIDENTIAL
►Yellow highlights indicate all changes and additions since the previous revision. Unless otherwise noted, updates to the instructions as well as the Virgin Mobile Shortcode
Violations and Actions Required lists become effective immediately.8
Virgin Mobile Message Flow Shortcode Violations and Actions Required
Violations Severity Actions Required
Program Failure to send PIN/Opt In message 1 Send PIN/Opt In message with PIN or response command for
within 1 day double opt in
Failure to identify program 2 Display program name or Web URL
Failure to identify program clearly 3 Choose one program name and cite it consistently throughout
message flow
No product or service disclosure 2 Disclose product or service
Misrepresentation of product offering 2 Reconcile, among all messages, references to product type
No product quantity 1 Disclose product quantity
Misrepresentation of or unclear 1 Display actual product quantity
product quantity
Failure to provide user PIN or 1 Display PIN or response command
response command
Failure to locate PIN or response 1 Display PIN or response command after pricing information
PIN/Opt In
command after pricing information only
only
Pricing No pricing 1 Display program pricing
Unclear pricing 1 Display program and carrier-specific pricing
Conflicting pricing 1 Reconcile, among all messages and ad, references to pricing
Use of the term free 1 Remove the term free
Subscription No subscription disclosure 1 Display subscription disclosure
No subscription term 1 Display subscription term
Daily or weekly subscription 1 Migrate to monthly subscription immediately
T&Cs No HELP contact information 1 Display HELP text command, phone number, or both
Unclear HELP contact information 1 Display Help contact information—with spacing between
words—as "Reply HELP for help,” “Reply HELP for info,” “Txt
HELP for help,” “Txt HELP for info,” “Text HELP for help,” or
“Text HELP for info”
Charges and No mention that message and data 3 Disclose that message and data rates may apply
Billing rates may apply
Program Failure to initiate double opt-in 1 Require customer to enter PIN online or reply “Yes,” “Y,”
“Go,” Okay,” “OK,” K,” O.K.,” “Sure,” “Yep,” or “Yeah” to
PIN/Opt in message before sending billed MT
Failure to confirm program enrollment 1 Send confirmation message
Failure to identify program 2 Display program name or Web URL
Failure to identify program clearly 3 Choose one program name and cite it consistently throughout
Confirmation
message flow
No product or service disclosure 2 Disclose product or service
Misrepresentation of product offering 2 Reconcile, among all messages, references to product type
No product quantity 1 Disclose product quantity
Misrepresentation of or unclear 1 Display actual product quantity
product quantity
Pricing No pricing 1 Display program pricing
Unclear pricing 1 Display program and carrier-specific pricing
Conflicting pricing 1 Reconcile, among all messages and ad, references to pricing
Use of the term free 1 Remove the term free
Compliance Monitoring and Enforcement on the Virgin Mobile Network rev 1.87
09/27/2009
VIRGIN MOBILE PROPRIETARY AND CONFIDENTIAL
►Yellow highlights indicate all changes and additions since the previous revision. Unless otherwise noted, updates to the instructions as well as the Virgin Mobile Shortcode
Violations and Actions Required lists become effective immediately.9
Virgin Mobile USA Message Flow Shortcode Violations and Actions Required continued
Violations Severity Actions Required
Subscription No subscription disclosure 1 Display subscription disclosure
No subscription term 1 Display subscription term
Daily or weekly subscription 1 Migrate to monthly subscription immediately
T&Cs No HELP contact information 1 Display HELP text command, phone number, or both
Confirmation continued
Unclear HELP contact information 1 Display Help contact information—with spacing between
words—as "Reply HELP for help,” “Reply HELP for info,” “Txt
HELP for help,” “Txt HELP for info,” “Text HELP for help,” or
“Text HELP for info”
No opt-out information 1 Display opt-out information as “Reply STOP to cancel”
Unclear opt-out information 1 Display opt-out information as “Reply STOP to cancel,”
“Reply STOP to stop,” “Text STOP to stop,” “Text STOP to
end,” “Text STOP to cancel,” “Txt STOP to stop,” “Txt STOP
to end,” or “Txt STOP to cancel”
Charges and No mention that message and data 3 Disclose that message and data rates may apply
Billing rates may apply
Program Failure to respond to customer 1 Send HELP message
message for HELP
Failure to identify program 2 Display program name or Web URL
Failure to identify program clearly 3 Choose one program name and cite it consistently throughout
message flow
No product or service disclosure 2 Disclose product or service
Misrepresentation of product offering 2 Reconcile, among all messages, references to product type
No product quantity 1 Disclose product quantity
Misrepresentation of or unclear 1 Display actual product quantity
product quantity
Failure to inform user of participation 2 Display remaining credits or renewal date
status
HELP continued
Incorrect participation status 2 Inform user of correct participation status
HELP
Pricing No pricing 1 Display program pricing
Unclear pricing 1 Display program and carrier-specific pricing
Conflicting pricing 1 Reconcile, among all messages and ad, references to pricing
Use of the term free 1 Remove the term free
Subscription No subscription disclosure 1 Display subscription disclosure
No subscription term 1 Display subscription term
Daily or weekly subscription 1 Migrate to monthly subscription immediately
T&Cs No toll-free HELP contact information 1 Display toll-free HELP phone number
No opt-out information 1 Display opt-out information as “Reply STOP to cancel”
Unclear opt-out information 1 Display opt-out information as “Reply STOP to cancel,”
“Reply STOP to stop,” “Text STOP to stop,” “Text STOP to
end,” “Text STOP to cancel,” “Txt STOP to stop,” “Txt STOP
to end,” or “Txt STOP to cancel”
Charges and No mention that message and data 3 Disclose that message and data rates may apply
Billing rates may apply
Compliance Monitoring and Enforcement on the Virgin Mobile Network rev 1.87
09/27/2009
VIRGIN MOBILE PROPRIETARY AND CONFIDENTIAL
►Yellow highlights indicate all changes and additions since the previous revision. Unless otherwise noted, updates to the instructions as well as the Virgin Mobile Shortcode
Violations and Actions Required lists become effective immediately.10
Virgin Mobile USA Message Flow Shortcode Violations and Actions Required continued
Violations Severity Actions Required
Program Failure to identify program 2 Display program name or Web URL
Failure to identify program clearly 3 Choose one program name and cite it consistently throughout
message flow
No product or service disclosure 2 Disclose product or service
Misrepresentation of product offering 2 Reconcile, among all messages, references to product type
No product quantity 1 Disclose product quantity
Misrepresentation of or unclear 1 Display actual product quantity
product quantity
Failure to inform user of participation 2 Display remaining credits or renewal date
status
Incorrect participation status 2 Inform user of correct participation status
Pricing No pricing 1 Display program pricing
Renewal
Renewal
Unclear pricing 1 Display program and carrier-specific pricing
Conflicting pricing 1 Reconcile, among all messages and ad, references to pricing
Use of the term free 1 Remove the term free
Subscription No subscription disclosure 1 Display subscription disclosure
No subscription term 1 Display subscription term
Daily or weekly subscription 1 Migrate to monthly subscription immediately
T&Cs No toll-free HELP contact information 1 Display toll-free HELP phone number
No opt-out information 1 Display opt-out information as “Reply STOP to cancel”
Unclear opt-out information 1 Display opt-out information as “Reply STOP to cancel,”
“Reply STOP to stop,” “Text STOP to stop,” “Text STOP to
end,” “Text STOP to cancel,” “Txt STOP to stop,” “Txt STOP
to end,” or “Txt STOP to cancel”
Charges and No mention that message and data 3 Disclose that message and data rates may apply
Billing rates may apply
Program Failure to respond to customer 1 Send message informing customer that service has been
message to STOP service terminated and billing and messages have ceased
Failure to identify program 2 Display program name or Web URL
Failure to identify program clearly 3 Choose one program name and cite it consistently throughout
message flow
Failure to confirm service termination 1 Inform user that service has been terminated
Opt Out
Failure to confirm message flow 1 Inform user that no more messages will be sent
termination
STOP command case sensitive 1 Recognize STOP command regardless of text case
No STOP ALL command 1 Implement STOP ALL command for cancelling participation in
multiple programs simultaneously
User STOP message with 2 Ignore subsequent text in user STOP message
subsequent text not recognized
Pricing Use of the term free 1 Remove the term free
Compliance Monitoring and Enforcement on the Virgin Mobile Network rev 1.87
09/27/2009
VIRGIN MOBILE PROPRIETARY AND CONFIDENTIAL
►Yellow highlights indicate all changes and additions since the previous revision. Unless otherwise noted, updates to the instructions as well as the Virgin Mobile Shortcode
Violations and Actions Required lists become effective immediately.You can also read
