Text messaging is a direct and effective channel, and it is also one of the most regulated. In the United States, rules such as the Telephone Consumer Protection Act and guidelines from wireless carriers and industry groups shape how businesses can send marketing texts. Violations can lead to blocked messages, account suspension and significant legal exposure, so compliance should be built into your program from the beginning.
Obtain Clear Consent
For marketing messages, businesses generally need prior express written consent from the recipient. That means the person must knowingly agree to receive promotional texts, usually by checking a box, signing a form or texting a keyword to opt in. Consent should not be a condition of purchase. Avoid buying lists of phone numbers; consent cannot be transferred from another party in most cases.
Make the Opt-In Disclosure Clear
At the point of collection, tell people what they are signing up for. A good disclosure typically includes the name of the business, the type and expected frequency of messages, a notice that message and data rates may apply, instructions to reply STOP to cancel and HELP for assistance, and links to your terms and privacy policy. Keep the language plain and visible.
Honor Opt-Outs Immediately
- Recognize common opt-out words such as STOP, END, CANCEL, UNSUBSCRIBE and QUIT.
- Send a confirmation message that the person has been unsubscribed, and then stop sending marketing messages.
- Apply opt-outs across all numbers and campaigns tied to your business where appropriate.
- Do not re-add people who have opted out unless they clearly opt in again.
Identify Your Business
Each message or at least the first one in a conversation should identify who is sending it. Recipients should not have to guess whether a message is legitimate. Use a consistent sender number or registered short code, and avoid deceptive links or shortened URLs that obscure the destination.
Respect Quiet Hours
Federal rules restrict telemarketing calls outside of certain hours, and many states have their own rules for messaging, which may be stricter. A common practice is to send marketing texts only between about 8 a.m. and 9 p.m. in the recipient's local time, and to check state laws for more limited windows.
Register Your Campaigns
Carriers require businesses that send application-to-person text messages through standard numbers to register their brand and campaign use case, often through a process known as 10DLC. Unregistered traffic may be filtered or blocked. Content categories such as certain lending, gambling or other restricted topics have special rules.
Keep Records
- Store the date, time, method and wording of each consent.
- Keep logs of opt-outs and message history.
- Retain records for the length of time recommended by your attorney, since claims can arise years later.
Protect Data
Limit the personal information you gather, store it securely and use it only for the purposes you have disclosed. Review your vendor's security practices, and make sure that contracts address data handling.
Seek Professional Advice
Rules change, and they vary by state and industry. This article is general information and not legal advice. Consult an attorney who is familiar with messaging regulations before launching or changing a text marketing program.
Comments are closed.