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SMS Opt-In Data Restriction

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Document Record

What it is

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

ConductAtlas Analysis

Why it matters (compliance & governance perspective)

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.

Consumer impact (what this means for users)

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.

What you can do

⚠️ These actions may provide transparency or partial mitigation but may not fully address the underlying issue. Effectiveness varies by jurisdiction and individual circumstances.
  • Opt Out of Arbitration
    Reply STOP to any Mercury SMS message to opt out immediately, or navigate to notification preferences in your Mercury account settings to update SMS consent.

Cross-platform context

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▸ View Original Clause Language DOCUMENT RECORD
"
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

ConductAtlas Analysis

Institutional analysis (regulatory & governance intelligence)

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.

Full institutional analysis

Regulatory citations, enforcement risk, and due diligence action items.

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Applicable agencies

  • FTC
    The FTC has authority over unfair or deceptive practices related to mobile messaging consent and data sharing representations
    File a complaint →

Provision details

Document information
Document
Mercury Privacy Policy
Entity
Mercury
Document last updated
May 5, 2026
Tracking information
First tracked
July 9, 2026
Last verified
July 9, 2026
Record ID
CA-P-015753
Document ID
CA-D-00530
Evidence Provenance
Source URL
Wayback Machine
Content hash (SHA-256)
f8b49beb208e6c3f2b9fb8ddafa22b88d22bbef9e6d3e086c87840d1d5a282f8
Analysis generated
July 9, 2026 08:43 UTC
Methodology
Evidence
✓ Snapshot stored   ✓ Hash verified
Citation Record
Entity: Mercury
Document: Mercury Privacy Policy
Record ID: CA-P-015753
Captured: 2026-07-09 08:43:59 UTC
SHA-256: f8b49beb208e6c3f…
URL: https://conductatlas.com/platform/mercury/mercury-privacy-policy/provision/CA-P-015753/sms-opt-in-data-restriction/
Accessed: July 23, 2026
Permanent archival reference. Stable identifier suitable for legal filings, compliance documentation, and research citation.
Classification
Severity
Low
Categories

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Frequently Asked Questions

What does Mercury's SMS Opt-In Data Restriction clause do?

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.

How does this clause affect you?

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.

Is ConductAtlas affiliated with Mercury?

No. ConductAtlas is an independent monitoring service. We are not affiliated with, endorsed by, or sponsored by Mercury.