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.
Cross-platform context
See how other platforms handle SMS Non-Compliance Financial Penalty Warning and similar clauses.
Compare across platforms →"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.
Enforcement risk, jurisdiction flags, contract triggers, and due diligence action items.
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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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