T-Mobile new terms of service (TOS) policy will fine companies advertising guns over its network using A2P messaging (SMS, MMS, Short Code, Toll-Free, and 10DLC).
BREAKING: @TMobile has quietly updated their TOS to include fines for content they don’t agree with.
Beginning on January 1, 2024, they will be fining users who commit perceived violations on their bandwidth.
Who knew in America that the phone providers would now be policing… pic.twitter.com/spdzxGxtjx
— Laura Loomer (@LauraLoomer) December 24, 2023
The policy is not just firearms specific and doesn’t affect peer-to-peer messaging (P2P). P2P messaging is between two or more retail customers. The new policy only affects third-party text message providers such as Vonage and Bandwidth.com.
When a company sends a text message to its customers, it is usually not directly from that business. Businesses use third-party text providers that manage all A2P communications for that company. These third-party A2P providers are the targets of the new fines by T-Mobile. The end user or the gun companies will not be fined unless directly contracted with T-Mobile or a third party that uses T-Mobile directly such as Vonage or Bandwidth.com
The new TOS states that the fines will be between $500 and $2000 for each violation (sev-0), depending on the severity level.
Tier 1 violations are phishing, smishing, or social engineering attacks. These messages are illegal and intended to steal personal information, including financial information, to defraud the end user. A Tier 1 violation results in a $2000 fine per message. The TOS reads:
“Tier 1: $2,000, for phishing, smishing, and social engineering”
“Social Engineering refers to the practice of targeting individuals in a way that manipulates individuals to reveal private information like credit card numbers, or social security numbers.”
A Tier 2 violation is a message containing anything federally illegal or illegal in any state. These products could be CBD, cannabis, or solicitation. One thing that is of particular concern for gun owners is that there are different gun laws in different states. Some states have magazine restrictions, while others ban certain types of firearms. The differences in the laws could mean a text message advertising a standard 30-round magazine could lead to a $1000 fine. The TOS reads:
“Tier 2: $1,000, for illegal content (included content must be legal in all 50 states and federally).”
A Tier 3 violation deals with SHAFT content. SHAFT stands for sex, hate, alcohol, firearms, and tobacco. This tier is the most concerning to gun owners and firearms companies. By advertising any of these products, the third-party text provider could face a $500 per message fine. The TOS reads:
“Tier 3: $500, for all other violations including, but not limited to, SHAFT.”
Jared Yanis of the Guns and Gadgets YouTube channel contacted the T-Mobile customer support line and spoke to several managers. None of these employees knew about any changes to the TOS but stated they wouldn’t be aware of changes until the new TOS goes into effect. The new TOS is due to go into effect on January 1, 2024.
AmmoLand News reached out to the T-Mobile media relations department to get a comment. We could not get a specific comment, but the representative verified the new policy details and verified that it will be in effect on New Year’s Day unless something changes between now and then.
A T-Mobile Community Manager also confirmed the changes on the T-Mobile official support page.
“Hello all,” HeatherM, the support manager, wrote. “These changes only apply to third-party messaging vendors that send commercial mass messaging campaigns for other businesses. The vendors will be fined if the content they are sending does not meet the standards in our code of conduct, which is in place to protect consumers from illegal or illicit content and aligns to federal and state laws.”
T-Mobile could be worried about being sued by states where items are illegal for allowing advertisers to use its platform. New Jersey has sued a gun show in Pennsylvania because New Jersey residents attend the show. California has sued Defense Distributed, and other states have sued Polymer80. The cell phone provider might be concerned about states coming after them.
Whether the decision was made for liability or moral reasons, gun owners need to take a stand. Even though there is no plan to fine non-commercial customers, it hurts our constitutionally protected rights by attacking the companies and businesses that sell to gun owners.
Bandwidth.com has now placed the original announcement behind a password-protected wall. Vonage’s announcement is still live on its site as of the time of writing.
About John Crump
John is a NRA instructor and a constitutional activist. John has written about firearms, interviewed people of all walks of life, and on the Constitution. John lives in Northern Virginia with his wife and sons and can be followed on Twitter at @crumpyss, or at www.crumpy.com.
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