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Any problems with minors opting in to SMS campaigns?

by firefly53
10 replies
Just started my research and planning for this biz about a month ago, and I think I finally have things in place to go out and get some clients this week. But, of course, I still have a million questions, and they just keep coming, like this...

I received a direct mail flyer from a local skating rink and was planning to put them on my contact list to discuss SMS marketing. Then, I started to wonder whether there are any regulations about collecting phone numbers from minors.

That also made me think--what if a minor opts in to a list from, say, a bar and grill, and gets a coupon message for a discount on alcoholic drinks...is this something we have to make a disclaimer for, or try to prevent?

Thanks.
#campaigns #minors #opting #problems #sms
  • Profile picture of the author Pierre!
    Great Question Firefly53!

    You read my mind... and while sitting here, sippin a cup of coffee it flashed through my head that minors don't appear to be an issue...

    If you are running an SMS list for PORN, that would be a different matter.

    In your drink coupon analogy - It is on the *vendor* to assure that all who receive a coupon are eligible to redeem the coupon!

    Skating rink and the parents of kids who skate, or the parents of kids who bowl would be excited that little Johnny found such a *cool* resource to save them money!

    You could put a disclaimer in there if someone wanted to, but how would you enforce the signups?

    I guess it's just like all the coupons we see out there - when it comes time to redeem, the owner just laughs at the 12 year old wanting the free six pack of beer, or the free pack of cigarettes with every purchase of $20 or more at the convenience store...

    The more I think about it, this should not be an issue for us.

    Make sense?

    Patrick AKA Pierre!
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  • Profile picture of the author herbaluss
    Nahh I don't beleive it would be an issue at all...if it is a minor the owner will be there as a barrier to them getting the product anyways.
    Don't think it's any diff from Beer Commercials advertising the 2-4 at a discount price when everybody is watching tv.
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    • Profile picture of the author firefly53
      OK, that sounds reasonable, and probably it isn't an issue. Just trying to cover the bases. I guess it would be simple enough to add "Under 18 must have parent's permission to join" or something like that if the skating rink owner is hesitant. Thanks for the help!
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      • Profile picture of the author KO
        Originally Posted by firefly53 View Post

        OK, that sounds reasonable, and probably it isn't an issue. Just trying to cover the bases. I guess it would be simple enough to add "Under 18 must have parent's permission to join" or something like that if the skating rink owner is hesitant. Thanks for the help!
        I'm not a lawyer, but I think you hit the nail on the head with this one. Who knows? Might depend on the state.
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  • Profile picture of the author TheKeys
    No, it's not illegal. It's not your fault if minors opt into your listing. It should be the parents fault as they are the ones supposed to be monitoring your their children.
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    • Profile picture of the author Alex Makarski
      Originally Posted by TheKeys View Post

      No, it's not illegal. It's not your fault if minors opt into your listing. It should be the parents fault as they are the ones supposed to
      be monitoring your their children.
      Then, following your logic, it's not illegal to sell alcohol to a 10-yr old. After all, it's not a bartender's fault, right?

      And just because something "is not illegal" it doesn't mean that it should be done. There was a time when cold calling residential phone numbers wasn't illegal. Or blasting out faxes to compiled lists. Or spamming email addresses.
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      • Profile picture of the author MoneyMagnetMagnate
        Alex Makarski;4643635]Then, following your logic, it's not illegal to sell alcohol to a 10-yr old. After all, it's not a bartender's fault, right?
        This logic does not hold water either Alex, since it IS illegal to sell alcohol to a 10 yr old. - It is the bartender's responsibility...the point of sale.

        But the SMS coupon is no more responsible than a store coupon for a similar item. It is just an option to buy - not the point of sale.

        If it is not intended for minors it could stipulate so...if you were selling something specifically to adults, to "cya"...

        Any and all applicable laws would still apply to actual purchase.
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  • Profile picture of the author ladymd
    Just looked over the CTIA Guidelines, and there doesn't seem to be a rule regarding alcohol. They do have some requirements regarding explicit sexual/drug content. What a lot of Trumpia clients have done is include an auto-response in their messages where opt-in users have to enter their date of birth. Or include a disclaimer in their print advertisements "Must be 21 or older to win/join"

    Below are the MMA Guidelines (Note: The MMA can't enforce these guidelines BUT they do reference FTC's Children's Online Privacy Protection Act and advertising regulations... which we do have to follow.)

    1.3 Advertising to Children
    The offering of programs that engage children under 13 in the
    promotion/consumption of digital content of any type (including SMS and MMS)
    imposes important ethical obligations, responsibilities, and sensitivity that all
    industry participants are expected to uphold. The Consumer Best Practices
    Guidelines call for all participants in the ecosystem to ensure that their activities
    and their businesses are consistent with and supportive of the principles listed in
    this section.
    CCS-23.5

    Guideline MMA ID
    1.3-1 Industry participants must comply with all applicable laws and industry
    standards that apply to advertising and marketing to children. This includes
    compliance with the FCC’s Children’s Television Act as it applies to the promotion
    of commercial websites, the FTC’s Children’s Online Privacy Protection Act
    (COPPA), FTC advertising regulations, Children’s Advertising Review Unit (CARU)
    guidelines and various trade organization regulations such as those set forth by
    the MPAA and ESRB.
    CCS-24

    1.3-2 All industry participants are also expected to ensure that the products being
    marketed are appropriate for the intended audience. As such, products that
    would be considered “mature” or might be considered dangerous or harmful to
    children (including, for example, alcohol, Rx and OTC medication, household
    cleaners, etc.) should not be marketed to children.
    CCS-25
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  • Profile picture of the author firefly53
    Thanks for the responses.
    @ladymd--I saw the birthday option in use last week when I texted in for a Mountain Dew campaign just to see what it would be like. I was puzzled when it asked me for the birthday, but now it's clear!
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  • Profile picture of the author focused
    Hey, that definitely is a thought provoking question you raised.

    But I tend to agree with the others here that you'll be in the clear
    with respect to minors.

    Best of luck to you on your campaign.
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