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To Text or Not to Text; Let’s Answer that Question

To Text or Not to Text; Let’s Answer that Question

You’re probably receiving political messages and marketing via every communication channel available. Unknown callers are easy to ignore. Emails go unopened. Texts (SMS) are a little harder to dismiss since it’s typically concise and a really quick read. If done well, an SMS will capture the attention of the recipient and therefore can be a very effective channel. Before blasting out a campaign, it’s important to understand how to navigate the regulatory landscape to avoid any missteps.

Here are a few must-know SMS marketing regulations and best practices to be mindful of when running an SMS campaign.

TCPA (Telephone Consumer Protection Act): The TCPA is a federal law that governs telemarketing communications, including SMS. What to know;

Consent: You must obtain express written consent from recipients before sending an SMS. Their consent means they opted in to receive SMS from your company.

Identification: Your messages should clearly identify your business and provide a way to opt-out, such as the option to “Reply STOP to unsubscribe”.

Time Restrictions: Avoid sending an SMS during certain hours, typically after 9 PM and before 8 AM local time.

CTIA (Cellular Telecommunications Industry Association): While not a law, CTIA guidelines are widely followed by mobile carriers. Key points include:

Message Content: Ensure your messages are non-commercial; like transactional notifications and appointment reminders, unless you have explicit consent for promotional content.

Opt-In and Opt-Out: Make opting in and opting out a straightforward process for users.

ADA (Americans with Disabilities Act): Although primarily related to web accessibility, the ADA also applies to SMS. Ensure your messages are accessible to people with disabilities.

Global Protections:
If you’re sending SMS internationally, be aware of local regulations. For example, the EU’s General Data Protection Regulation (GDPR) has implications for SMS marketing within its member states.

Why Compliance Matters:
Following these regulations is crucial for several reasons.

User Experience: Unwanted SMS can be disruptive and annoying. Compliance ensures a better experience for your customers.

Brand Reputation: Non-compliance can harm your brand’s reputation.

Blacklisting: Violations may lead to your business being blacklisted by telecom providers.

Fines: Penalties can be hefty.

Getting Consent:
Consent is the cornerstone of compliance. Always obtain clear, documented consent before sending marketing SMS.

Consider using a double opt-in. After users register, send a message asking them to confirm their subscription.

Give us a call today! We would love to help you navigate the ever-expanding compliance landscape.

About the Author

“We’re a cooperative & innovative team. We love using data and technology to create meaningful marketing programs for our clients.”

-Brad Schorer, President

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