HumenhukCIPP/US Study Guide
Chapter 11: Telecommunications and Marketing

CAN-SPAM Wireless Rules: MSCMs, Express Prior Authorization and the Wireless Domain Registry

Reviewed by Victor Humenhuk. Published . Reviewed .

The FCC's CAN-SPAM wireless rules require express prior authorization (opt-in) for each mobile service commercial message (MSCM) sent to wireless devices using an internet domain, with no third-party sending. The Wireless Domain Registry identifies which domains are wireless.

How this supports CIPP/US study

Use this lesson to identify the disclosure, workplace or cross-border rule that changes the result in a fact pattern. Continue with the CIPP/US study plan.

The FCC's CAN-SPAM rules cover Mobile service commercial message (MSCM)s - commercial email sent directly to a wireless device via an address referencing an internet domain. The rules cover SMS-technology messages but not phone-to-phone messages. The FCC defers to FTC definitions of 'commercial' and 'transactional.'

Senders must obtain Express prior authorization for each MSCM. It must be affirmative (not a negative option), free to give or revoke, and specific to the identified sender. Senders may not send MSCMs on behalf of third parties - each entity must obtain its own authorizations.

  • Disclosures must state the subscriber is agreeing to receive MSCMs from a specific identified sender, may be charged by their wireless provider, and may revoke at any time
  • There is no grandfathering of pre-existing authorizations
  • Revocation must be possible by the same means used to authorize
  • MSCMs must include a clearly displayed return email or internet-based opt-out mechanism
  • The CAN-SPAM 10-business-day grace period after revocation still applies
Wireless Domain Registry

The FCC maintains a Wireless Domain Registry of wireless domain names. Senders are responsible for obtaining the list and ensuring proper authorization before messaging those domains; carriers must report new or modified wireless domains within 30 days before issuing them.

Key terms - quick answers

What is “Mobile service commercial message (MSCM)”?
A commercial email transmitted directly to a wireless device using an address that references an internet domain; covers SMS-technology messages but not phone-to-phone messages.
What is “Express prior authorization”?
Affirmative opt-in consent required before any MSCM is sent; cannot be a negative option, must be free to give or revoke, and must include specific disclosures.
What is “Wireless Domain Registry”?
An FCC-maintained, periodically updated list of wireless domain names; senders must check it and ensure proper authorization before messaging those domains.

Sources and study method

This independent lesson uses active recall, spaced retrieval and scenario practice. Read the full study method.