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The policy warns customers that non-compliant SMS and text messaging may result in fines of up to $10,000 per violation assessed by mobile carriers, citing increased regulation of SMS messaging.
This analysis describes what ActiveCampaign's agreement states, permits, or reserves. It does not constitute a legal determination about enforceability. Regulatory applicability and practical outcomes may vary by jurisdiction, enforcement context, and individual circumstances. Read our methodology
This provision discloses a specific per-violation financial penalty figure associated with SMS non-compliance, placing customers on notice of the financial exposure associated with CTIA guideline violations and directing them to comply with referenced CTIA standards as a condition of platform use.
Interpretive note: The $10,000 per-violation figure is attributed to mobile carriers rather than a specific federal statute; the precise legal basis and enforcement mechanism for this figure is not defined in the document.
Under the policy's SMS terms, customers using text messaging features are required to comply with CTIA guidelines, and the document states that non-compliance may result in fines of up to $10,000 per violation assessed by mobile carriers. ActiveCampaign does not absorb or indemnify against these penalties under the terms stated.
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"SPECIAL NOTE: NON-COMPLIANT SMS AND TEXT MESSAGING IS SUBJECT TO SIGNIFICANT FINES AND PENALTIES Due to increased regulation of SMS and text messages, the consequences for not following these rules can be quite severe, with penalties in the U.S. of up to $10,000 per violation, as assessed by the mobile carrier.Excerpt from ActiveCampaign's Acceptable Use Policy
(1) REGULATORY LANDSCAPE: SMS marketing in the U.S. is governed by the TCPA (FCC-administered), which establishes statutory damages for unsolicited text messages. Mobile carrier enforcement of CTIA guidelines adds a separate compliance layer that operates independently of federal statutory frameworks. The $10,000 per-violation figure referenced in the policy is attributed to mobile carriers rather than a federal regulatory authority. (2) GOVERNANCE EXPOSURE: High for customers deploying SMS marketing at volume. The per-violation penalty structure means that non-compliant campaigns sent to large recipient lists could generate aggregate financial exposure at significant scale. The policy requires compliance with CTIA Short Code Monitoring Handbook Version 1.7 or later and CTIA Messaging Principles and Best Practices (2019 or later), both of which are external documents not reproduced in the policy. (3) JURISDICTION FLAGS: Heightened exposure exists in the U.S. given the combination of TCPA statutory damages and mobile carrier fines. State-level restrictions on SMS marketing exist in several jurisdictions and may impose additional consent or opt-out requirements beyond CTIA guidelines. (4) CONTRACT AND VENDOR IMPLICATIONS: Customers using SMS features should confirm whether their ActiveCampaign service agreement includes any indemnification, liability cap, or SLA provision that addresses carrier-assessed penalties for platform-facilitated non-compliant messaging. The policy does not indicate that ActiveCampaign assumes any liability for carrier-assessed fines. (5) COMPLIANCE CONSIDERATIONS: Compliance teams should obtain and review the current versions of the CTIA Short Code Monitoring Handbook and CTIA Messaging Principles and Best Practices documents referenced in the policy. SMS campaign workflows should be audited against CTIA opt-in, opt-out, and message content requirements before deployment.
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This provision discloses a specific per-violation financial penalty figure associated with SMS non-compliance, placing customers on notice of the financial exposure associated with CTIA guideline violations and directing them to comply with referenced CTIA standards as a condition of platform use.
Under the policy's SMS terms, customers using text messaging features are required to comply with CTIA guidelines, and the document states that non-compliance may result in fines of up to $10,000 per violation assessed by mobile carriers. ActiveCampaign does not absorb or indemnify against these penalties under the terms stated.
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