Purpose:

To establish guidelines for the appropriate use of SMS (Short Message Service) and MMS (Multimedia Messaging Service) text communications with students and other university text recipients in order to protect privacy, ensure compliance with relevant laws and regulations, and utilize the medium effectively and respectfully.

Scope:

These guidelines apply to all university departments, staff, faculty, researchers, contractors, and other authorized individuals communicating with students and other university text recipients via SMS/MMS on behalf of the university.

Definitions:

• 10DLC:  10 Digit Long Codes is a framework of regulations about business-to-individual (AKA A2P) text communications, established and governed by The Campaign Registry (TCR).  Its intent is to reduce spam and fraudulent messaging.

• A2P:  application-to-person communication.  This is typically how text communication is provided through the university.

• Consent:  permission given to the university by a student or other text recipient to communicate via text message conversations. The required consent is different based on the type of message sent (implied Vs. explicit) and is required in all cases except for emergency purposes.

• MMS:  Multimedia Messaging Service, commonly referred to as text messaging and part of the umbrella of “text communication”.

• SMS:  Short Message Service, commonly referred to as text messaging and part of the umbrella of “text communication”.

• Opt-In:  a process where students or other university text recipients voluntarily agree to receive text communications.  If a recipient has previously opted-out, most systems allow them to opt back in by texting any text-enabled number in the system with the message START

• Opt-Out:  a process by which someone who receives text communications indicates they no longer want to receive text messages from the university (typically replying with the message STOP). Individuals who opt-out will no longer receive text messages from the system unless they opt back in with a reply message of START.

General Principles:

• Text communication is a direct way to reach students and other university text recipients and should be used judiciously to avoid overwhelming or annoying recipients. Per NDSU Policies 158.1 and 609, email is the official communication method for employees and students.

• The university should strive for concise, relevant, and timely communication via text messaging.

• All text communications must adhere to applicable NDSU policies in use and content, respecting students’ and other university text recipients’ privacy and personal boundaries.

• When employing mass text messaging for classes, instructors must limit the recipients of each message to only students currently enrolled in the instructor’s class and students must consent to receiving text messages from the instructor. 

• All SMS/MMS messages sent by the university must be transmitted through an approved 10DLC brand and associated campaign.

• University 10DLC brand and campaigns must be obtained by an appropriate university staff member through an approved messaging service provider.

• Phone numbers used for SMS/MMS communications must be verified and included in the approved 10DLC campaign.

• Failure to comply with 10DLC may result in the inability to send SMS/MMS messages.

• The university will not share collected SMS/MMS phone numbers and opt-in consents with third-party marketing providers without explicit consent from the message recipient.

• Consent cannot be passed on to third parties, meaning, consent granted by a student or other university text recipient via a university owned system cannot be re-used by another company to send text messages.

Retention Period

Text messages will be retained on university systems for up to one year.  Messages that were created or received (even if saved within a system) after one year typically will be deleted automatically.  

If messages need to be retained for longer periods of time to comply with applicable record retention rules, the university text user must file them individually in an appropriate system that is aligned with the necessary security, privacy, and record retention period requirements.

Appropriate Uses:

Text communications should be used for university business.  The following are examples of appropriate purposes:

• Urgent notifications (e.g., campus emergencies, class cancellations).

• Important academic reminders (e.g., registration dates, deadline reminders).

• Event notifications for major university events.

• Critical administrative matters (e.g., tuition deadlines, security concerns).

• Feedback and surveys on specific university services or experiences.

• Scheduling university activities (e.g., campus tours, office hours, appointments).

Inappropriate Uses:

• Text communications should NOT be used for:

  • Marketing or promotional offers.

  • Unsolicited bulk commercial messages (i.e., spam).

  • “Phishing” messages intended to access private or confidential information through deception.

  • Routine communications that can be effectively conveyed via telephone, email, or other platforms.

  • Personal messages.

  • Other forms of abusive, harmful, malicious, unlawful, or otherwise inappropriate communication.

  • Messages that require an opt-in but the opt-in has not been obtained. 

  • Messages where an opt-out has been provided to the university.

• Text messages cannot contain 10DLC “forbidden content” pertaining to:

  • High-risk financial services

  • Third-party lead generation

  • Debt collection and forgiveness

  • “Get rich quick” schemes or multi-level marketing

  • Illegal substances

  • Gambling

  • Sex, hate, alcohol, firearms, and tobacco (SHAFT)

Opt-In/Opt-Out:

• Students or other university text recipients must opt-in to receive SMS communications. An opt-in mechanism should be provided, and students or other university text recipients should be made aware of what types of messages they will be receiving.  Examples include:

  • User sends a text message to a university text-enabled phone number to initiate a text conversation (implied consent)

  • User is presented with a web form where the cell phone number is optional and the user can select to opt-in for text messaging (explicit consent)

  • User is presented with a web form where cell phone number is required and is presented with the user notice below (implied consent)

• User notice - all web forms which collect cell phone numbers as a required field or are presented as optional where the user has opted-in for text messaging, must include the following disclaimer:  “By providing a telephone number and submitting this form, you consent to be contacted by SMS/MMS text message. Message and data rates may apply. Reply STOP to opt out of further messaging.”

• Students and other university text recipients receiving text communications are responsible for all potential costs related to text communications.  It is understood that text messages may be lost or significantly delayed, and text messaging services may not be available from particular cellular carriers or in certain areas.

• Every text communication must include an option for students and other university text recipients to opt-out or unsubscribe from future messages. Once a student or other text recipient opts out, their preference must be honored promptly.

Message Frequency:

The frequency of text communication should be limited to avoid overwhelming students or other university text recipients.  As a guideline, less than two or three messages per week should be sent to any individual student or other university text recipient unless circumstances require immediate and frequent communication (e.g., an ongoing emergency).

Data Protection and Privacy:

• All student contact information must be stored securely and used solely for the purpose for which the student provided it.

• The user using university text systems must comply with all relevant data protection and privacy policies, regulations, and laws.

Monitoring and Compliance:

• The university reserves the right to monitor text communications for support, maintenance, and compliance with these guidelines.

• Any violation of these guidelines may result in revocation of text communication privileges and/or other disciplinary action in accordance with university guidelines and policies.