Bandwidth, a provider of telephone numbers for 10DLC message delivery and other services, has recently issued a significant notice impacting both its direct customers and potentially the customers of its customers. The notice outlines plans to block traffic originating from 10DLC numbers associated with campaigns that are not registered and approved by The Campaign Registry (TCR), with this enforcement set to begin on December 1, 2024. Additionally, Bandwidth has cautioned that customers failing to achieve a minimum registration rate of 95% by September 1, 2024, may face the blocking of their unregistered traffic prior to the December 1 deadline. Bandwidth cites a notable decrease in deliverability for unregistered traffic over recent months as a primary driver for these measures.

While we cannot definitively comment on Bandwidth’s decision-making process, it is reasonable to surmise that they are taking these steps to avoid significant fines from mobile network operators (MNOs), including T-Mobile, which has previously warned of fines for unregistered and unlawful 10DLC campaigns. Information regarding the fines and fees imposed by various service providers in the mobile messaging ecosystem can be found on Red Oxygen’s website and elsewhere online.

Bandwidth’s move may be aimed at shielding itself and its customers from exposure to the steep penalties triggered by violations of the policies and other terms & conditions of the major mobile network operators. Such potentially sizeable fines and penalties may be difficult for intermediate carriers, like Bandwidth, to pass through and recover from their customers (who, in turn, would likely be challenged to seek recompense from their ultimate consumers). We anticipate that other providers of 10DLC numbers may also consider similar actions to mitigate risks associated with non-compliant campaigns and avoid financial repercussions that could impact them and their customers.

For questions or additional information about this update, please contact either your assigned attorney or our firm’s 10DLC subject matter expert, Linda McReynolds, who can be reached at lgm@commlawgroup.com.