• by Ross Fadner , December 3, 2003

At a time when online spam has become the bane of consumers, lawmakers and legitimate marketers alike, the mobile marketing industry is taking its first unified steps to curtail the threat of wireless spam. The industry's trade group, the Mobile Marketing Association (MMA), Tuesday unveiled a code of conduct for wireless marketing campaigns that sets explicit guidelines for what constitutes legitimate marketing.

The group's Privacy Advisory Committee, whose members include Carat Interactive, Cingular Wireless, Proctor & Gamble, The Weather Channel, VeriSign and PocketChoice, developed the so-called Code of Conduct, which has been ratified by a majority of MMA members.

The code is likely to impact, all facets of the mobile marketing industry, including carriers, technology providers, and advertisers. Among other things, the code establishes that marketing via mobile devices is a personal communication that must be handled delicately. It also points out that the MMA code is unrelated to Internet privacy policies and most notably spam policies.

Jim Manis, Chair of the MMA, points out that mobile spam, which has become something of a problem in Europe, could become a problem here too if something is not done to nip it in the bud. Mobile spam "is one of the most important issues facing the growth of mobile marketing today," he asserted.

"It's better to get out in front of the problems that could occur instead of letting the market dictate what happens," concurred Jack Philbin, president of mobile marketing firm VibesMedia, citing what happened with email spam. Philbin also highlighted the "tremendous value" of bringing cell carriers and agencies together through the MMA to protect the future of what is still a seminal industry.

Philbin is among those who believe the ad model for mobile marketing should always be "pull" and not "push" strategy - unlike email and other direct marketing strategies. "People have been left with a sour taste in their mouth with so many forms of unwanted advertising," said Philbin. "Before this delivery channel gets a bad rap its good that we can actually hedge against the possibility of the mobile marketing industry going down the same path as email."

The MMA is also considering the creation of a mobile marketing campaign certification process to help advertisers and brands design campaigns that meet the new Code of Conduct.

"This code of conduct represents a watershed event in the new industry and gives advertisers and brands much-needed guidance that will protect consumers while giving legitimate brands a solid and appropriate framework for direct consumer communication," said David Verklin, CEO of Carat North America.

Here's a summary of the MMA's code of conduct:

The Mobile Marketing Code of Conduct is broken into six categories: Choice, Control, Customization, Consideration, Constraint and Confidentiality.

Choice

Consumers must "opt-in" to all mobile messaging programs. Consumers may Opt-in to a program by sending a text message, calling a voice response unit, registering on a website, or through some other legitimate paper-based method; they opt-in for a specific program only.

Control

Consumers must also be allowed to easily terminate -- opt-out -- their participation in an ongoing mobile messaging program through channels identical to those through which they can opt-in to a given program. Programs with multiple message strings must provide an opt-out option for each message.

Customization

As mobile messaging campaigns are most effective when appropriately targeted, consumers could be asked to provide demographic, preferences and other information.

Consideration

The consumer must receive and/or be offered something of value to them in return for receiving the communication. Value may be delivered in the form of product and service enhancements, reminders, sweepstakes, contests, information, entertainment, discounts or location based services.

Constraint

The marketer, content provider, or aggregator must provide a global "throttling mechanism" capable managing and limiting mobile messaging programs to a reasonable number of programs. Consumers should be able to override the throttle.

Confidentiality

The Mobile Marketing Association will align with TRUSTe with specific provisions on not renting, selling or sharing personal information about consumers participating in programs delivered through its platform with other people or nonaffiliated companies except to provide the products and services requested.