What exactly is SPAM?
Review the questions below if you answer YES to ANY of the questions, the likelihood of being labeled a “Spammer” is high. Keep the Mobile Marketing arena spam free and a friendly environment for your customers and prospects to enjoy.
- Do your company emails, instant messages, voice messages, or SMS texts messages contain false or misleading information?
- Does your company send solicitation messages to any email, instant message, voice message, or SMS text message without prior express written consent?
- Does your company send solicitation messages to any email, instant message, voice message, or SMS text message to anyone who has not opted in or explicitly agreed to join your distribution list?
- Are you sending to non-specific email addresses such as: techsupport@abcdomain.com sales@abcdomain.com, support@abcdomain.com help@abcdomain.com, contactus@abc domain.com, info@abcdomain.com, or any non-specific email addresses?
How Does Jakursmu Protect the Mobile Marketing Environment from SPAM?
- Using Permission-based email, instant message, voice messaging, and mobile communication rules that follows strict (MMA) Mobile Marketing Association and governmental guidelines.
- Communication – Your Jakursmu online web form / sign-up page must inform the user why your company is collecting the users contact information, how your company plans to use the collected contact information, and must agree with Jakursmu’s Terms of Use and Privacy Policy.
- Unsubscribe – All emails and instant messages sent from Jakursmu offers an “unsubscribe link” which allows contacts to be removed from future voice messages, instant messages and emails. Jakursmu automatically updates your company contact lists by removing those users who have requested to be removed from the associated voice, instant message and email list. When any user replies to any mobile text with the “STOP” command, this user is removed from any future text messages from your company. Users of voice broadcasts can opt out of voice messages by entering the number “7” to be removed from future voice messages. Users can “re-enter” any of your company campaigns any time an attractive offer is acted upon by the user.
Anti-SPAM and Privacy Policies
Jakursmu has a “No Tolerance” anti-SPAM policy, following all governmental regulatory policies. Any Jakursmu Personal, Private, Business, Multi-Channel, Automation, Multi-Department / Location or Enterprise Level user sending any form of spam will be suspended / terminated from using Jakursmu’s service and may be subject to legal action by Jakursmu, government authorities, or the recipients of your messages. Cloaking Jakursmu’s monitoring system or the delivery of spam messages through the system establishes a clear and serious spam violation.
All mobile messages: SMS texts messages, voice messages, instant messages, MMS video messages, social messages and email messages, delivered by the Jakursmu mobile messaging service, are delivered with an essential “unsubscribe” link and or instructions allowing recipients the options to “opt-out” or to be removed from receiving future messages. For instance, mobile text messages must include STOP instructions – text STOP – to stop receiving future messages. Voice messages must include STOP instructions – press 7 – to stop receiving future messages. Any alterations or omissions to this opt-out policy will result in a non refundable termination to the abusers account.
Exactly – What is Spam? Unwanted messages – texts, voice, instant messages, video and email – which can include commercial and private messages – that are deemed annoying and time-consuming. Also any unwanted digital message sent to mobile phones or other mobile devices that can be or may be considered intrusive and costly. Two laws – the Telephone Consumer Protection Act (TCPA) and the Controlling the Assault of Non-Solicited Pornography and Marketing (CAN-SPAM) Act – address spam.
Unwanted Texts and the Telephone Consumer Protection Act The TCPA and the FCC’s rules ban many text messages sent to a mobile phone using an autodialer. These texts are banned unless (1) you previously gave consent to receive the message or (2) the message is sent for emergency purposes. This ban applies even if you have not placed your mobile phone number on the national Do-Not-Call list of numbers telemarketers must not call.
Unwanted Texts and Email under the CAN-SPAM Act The CAN-SPAM Act supplements the consumer protections provided by the TCPA. The CAN-SPAM law bans unwanted email messages sent to your mobile phone if they are “commercial messages.” (Email messages can sometimes appear as texts on your mobile phone, depending on how they’re addressed.) The CAN-SPAM Act defines commercial messages as those that primarily advertise or promote a commercial product or service. The FCC’s ban does not cover “transactional or relationship” messages — that is, notices to facilitate a transaction you have already agreed to — for example, messages that provide information about your existing account or warranty information about a product you’ve purchased. The FCC’s ban also does not cover non-commercial messages, such as messages about candidates for public office, or email messages that you have forwarded from your computer to your wireless device (but read below about the FTC’s rules that may restrict such messages).
Federal rules require the following for commercial email sent to your mobile phone:
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Identification – The email must be clearly identified as a solicitation or advertisement for products or services.
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Opt-Out – The email must provide easily-accessible, legitimate, and free ways for you to reject future messages from that sender.
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Return Address – The email must contain legitimate return email addresses, as well as the sender’s postal address.
Below links are “Safe Reading” for companies using Mobile Marketing:
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TCPA – Telephone Consumer Protection Act
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CAN-SPAM Act – A Compliance Guide for Business
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MMA – Mobile Marketing Association
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CTIA – Mobile Commerce Compliance Handbook
How to establish consent? Users receiving your company messages have been informed of the collection and use of any contact information and has consented, as required by law, prior to receiving your company messages. Consent may be in the form of handwriting, email, web form, text message, or other methods in compliance with the E-SIGN Act. New consent must be obtained from the recipient of your company messages, even if you previously had a business relationship with the recipient. Consent IS NOT obtained by a user purchasing a product or service from your company or partakes in an event, meeting, conference or general activity. Nor do you have consent if a person “Likes” or “Follows” your business on any social channel. If you require a user to confirm that they opt in to your system but have not received a response from the user, then consent has NOT been established. Therefore your company may not send messages to those individuals.
What establishes prior express written consent? Telephone Consumer Protection Act 47 U.S.C. § 227 (5) The term “unsolicited advertisement” means any material advertising the commercial availability or quality of any property, goods, or services which is transmitted to any person without that person’s prior express invitation or permission, in writing or otherwise. Written consent may be granted by the user via, but not limited to, a web form submission, short code response, consent response to SMS text, MMS coupon or voice message.
- Consent / agreement can be established when a user responds to a web form submission, short code response, consent response to SMS text, MMS coupon or voice message. This authorizes the seller to deliver telemarketing messages to a designated phone number using an automatic telephone dialing system.
- Customers or consumers are not obligated or committing to enter into your company marketing campaign when a product or service is purchased from your company.
How to details: TCPA – rules to establish the required “consent signature” in compliance with the E-SIGN Act for email, text, instant message, voice message or social media.
- At Jakursmu’s discretion, any Personal, Private, Business, Multi-Channel, Automation, Multi-Department / Location or Enterprise Level account will be suspended without a refund or credit if the account knowingly or unknowingly contributes to spam or violates federal, state, local or carrier laws or rules. In addition, in Jakursmu’s defense, Jakursmu may be required to assist the parties claiming damages from your actions related to spam.
- All entities using the Jakursmu mobile marketing system agree to not access or use ANY third party mailing lists for email addresses, instant message screen names, or phone numbers, or otherwise prepare or distribute unsolicited messages in connection with the Jakursmu service
- All entities using the Jakursmu mobile marketing system agree to import, add, edit, access or use only lists for which all listed parties have opted in to receive correspondence from you (“Permission-Based Lists”). You hereby covenant that you shall not use any other lists in connection with your use of the service. In addition, it is prohibited to import phone numbers without tangible proof of the subscribers’ explicit consent to receive messages. Doing so will deny you of this feature or be subjected to a stringent qualification process to comply with various local and federal laws. The process includes the proof of method for opt-in, to provide evidence of opt-in, your legal identity and your organization’s identity.
- It is the responsibility of those using the Jakursmu Mobile Marketing System to keep current, update and maintain all distribution lists. It is also understood and agreed that each mobile message delivered by the Jakursmu system may not reach the intended recipient. For instance, delivering a message to a specific distribution list may result in the message being received by an unintended recipient as a result of a distribution list change. Therefore it is solely the responsibility of those using the Jakursmu Mobile Marketing System to keep current, update and maintain their company distribution lists.
- All entities using the Jakursmu mobile marketing system will comply with and continuously uphold the Privacy Policy, including any and all future changes, updates and modifications.
- All entities using the Jakursmu mobile marketing system agree to full public honest and ethical organizational identification transparency. Avoiding any form of identity deception be it: not limited to offerings, pricing, availability, including any form of messaging with list recipients.
- Any entity may terminate this Agreement at any time by notifying Jakursmu’s Customer Support. Account Non use or inactivity will not automatically terminate an account, where the account owner remains liable for ALL service fees until the account is canceled. You understand and agree that Jakursmu will make NO REFUND of any fees paid regardless of whether the service has or has not been used or logged into.
- Jakursmu may terminate this Agreement or service, disable the account or deactivate the account in each case at any time with or without cause, and with or without notice. Jakursmu shall have no liability to the account owner or any third party due to such termination or action. Jakursmu may delete any archived data within 30 days after the date of termination. If any account has NOT been cancelled and is classified as inactive by Jakursmu for at least 90 days, Jakursmu has the right to permanently delete all account data with no ability to recover such data at its discretion. You agree to pay any and all applicable fees through the date of Jakursmu’s purging of your data.
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