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The policy states that SMS opt-in consent data and mobile phone numbers will not be sold, rented, or shared for marketing purposes, and will only be passed to telecommunications carriers under confidentiality agreements solely to deliver SMS messages.
This analysis describes what Mercury'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 establishes an express contractual restriction on SMS opt-in data use and third-party disclosure, which is operationally distinct from the broader data sharing permissions described elsewhere in the policy and may engage TCPA and carrier-level messaging compliance requirements.
Under this provision, users who opt in to SMS messaging from Mercury have their mobile number and consent data restricted from use for advertising or sharing with data brokers; the sole permitted disclosure is to telecommunications carriers under confidentiality agreements for service delivery purposes.
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"If you opt in to receive SMS messages from Mercury, your mobile phone number and SMS opt-in consent data will not be sold, rented, or shared with third parties, affiliates or partners for marketing or promotional purposes. Mobile opt-in data and phone numbers will only be shared with third-party service providers where strictly necessary to deliver the SMS messaging service (such as telecommunications carriers), and only under binding confidentiality agreements. Under no circumstances will mobile opt-in data be used for advertising or shared with data brokers.Excerpt from Mercury's Privacy Policy
1) REGULATORY LANDSCAPE: This provision engages the Telephone Consumer Protection Act (TCPA), which governs consent requirements for commercial SMS messaging, and FCC regulations on mobile messaging. The FTC's guidance on mobile data practices and the CCPA's treatment of mobile phone numbers as personal identifiers are also relevant. State consumer protection laws may impose additional SMS marketing consent requirements. 2) GOVERNANCE EXPOSURE: Low. The policy's express prohibition on selling or sharing SMS opt-in data for marketing or advertising is a user-protective restriction that aligns with TCPA compliance posture. The binding confidentiality agreement requirement for telecommunications carrier sharing is a standard commercial safeguard. Compliance exposure is limited to ensuring that the operational implementation matches these stated restrictions. 3) JURISDICTION FLAGS: California's CCPA treats mobile phone numbers as personal identifiers subject to access and deletion rights. The TCPA applies federally to all U.S. users who opt in to SMS messaging. No heightened jurisdictional exposure beyond standard TCPA compliance is apparent from this provision. 4) CONTRACT AND VENDOR IMPLICATIONS: The policy requires binding confidentiality agreements with telecommunications carriers receiving SMS opt-in data. Procurement teams should verify that carrier and SMS platform agreements include the stated confidentiality obligations and prohibit downstream use of opt-in data for advertising or data broker purposes. 5) COMPLIANCE CONSIDERATIONS: Legal teams should confirm that Mercury's SMS platform vendor agreements prohibit advertising use and data broker sharing of opt-in data consistent with this policy's stated restrictions. Opt-out mechanism functionality (STOP reply and account settings) should be tested for real-time processing. Records of opt-in consent should be maintained to demonstrate TCPA compliance in the event of regulatory inquiry.
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This provision establishes an express contractual restriction on SMS opt-in data use and third-party disclosure, which is operationally distinct from the broader data sharing permissions described elsewhere in the policy and may engage TCPA and carrier-level messaging compliance requirements.
Under this provision, users who opt in to SMS messaging from Mercury have their mobile number and consent data restricted from use for advertising or sharing with data brokers; the sole permitted disclosure is to telecommunications carriers under confidentiality agreements for service delivery purposes.
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