[VoiceOps] T-Mobile SMS Non-Compliance Fines - A Violation of the TCPA / Section 230?

[Calvin E.]

What legal grey area? Every carrier I've worked with monitors the content
of MMS and SMS and will block outgoing messages, per CTIA guidelines.
Carriers are already expected to block SHAFT content and other
misuse/abuse, and some will even return specific errors when this happens.
It's unfortunate that the FCC is allowing T-Mobile to surcharge every part
of the messaging lifecycle, e.g. I learned recently that T-Mobile
surcharges carriers on both directions of traffic, unlike others who only
surcharge to send messages to them.

For those not familiar with the CTIA Messaging Principles & Best Practices:
https://www.ctia.org/the-wireless-industry/industry-commitments/messaging-interoperability-sms-mms

Current version:
https://api.ctia.org/wp-content/uploads/2023/05/230523-CTIA-Messaging-Principles-and-Best-Practices-FINAL.pdf

The CTIA Messaging Security Best Practices also touch on content, blocking,
and sharing content when necessary:
https://www.ctia.org/the-wireless-industry/industry-commitments/messaging-security-best-practices

Current version:
https://api.ctia.org/wp-content/uploads/2022/06/Messaging-Security-Best-Practices-June-2022.pdf

Take a look at
https://support.bandwidth.com/hc/en-us/articles/360000111087-SMPP-SMS-Delivery-Receipts-and-Error-Codes

470
spam-detected
This message has been filtered and blocked by Bandwidth for spam. Messages
can be blocked for a variety of reasons, including but not limited to
volumetric filtering, content blocking, SHAFT violation, etc.

481
rejected-from-number-in-blacklist
The From number has been flagged by Bandwidth as prohibited from sending
messages. Numbers can be added to a blacklist when they are associated with
messages that repeatedly violate spam policies, fraud policies, or
messaging AUP.

770
destination-spam-det
The Carrier is reporting this message as blocked for SPAM. Some examples of
common spam blocks: unwanted content, SHAFT violations (including specific
keywords), or originating address has been flagged for repeated spam
content.


On Wed, Dec 20, 2023 at 10:41 AM Jay Hennigan via VoiceOps <
voiceops at voiceops.org> wrote:

> On 12/20/23 10:24, Peter Beckman via VoiceOps wrote:
> > I received this information from Bandwidth 2 days ago:
> >
> >
> https://support.bandwidth.com/hc/en-us/articles/19939626519575-New-non-compliance-fees-on-January-1
> >
> > T-Mobile is stating that starting January 1, 2024, they will be fining
> > carriers for every SMS that violates these three tiers of unwanted
> > messaging:
>
> [snip]
>
> This sounds kind of like Mr. T deciding to fine T-Mobile $10,000 a day
> for having a name that starts with "T". How would he collect, or would
> he just pity the fools that came up with the idea?
>
> --
> Jay Hennigan - jay at west.net
> Network Engineering - CCIE #7880
> 503 897-8550 - WB6RDV
>
> _______________________________________________
> VoiceOps mailing list
> VoiceOps at voiceops.org
> https://puck.nether.net/mailman/listinfo/voiceops
>
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