The world of SMS compliance has seen a lot of activity in the last few years, with various legal rulings changing or clarifying the guidelines for marketers. With that in mind, here are five tips on how you can keep your SMS marketing campaigns compliant under federal regulations such as TCPA (Telephone Consumer Protection Act) as well as certain state-level regulations, such as the CCPA (California Consumer Privacy Act).
- Obtain Express Written Consent
First and foremost, always obtain express written consent before you start sending SMS messages to anyone. This means individuals need to opt-in to receive your texts. Make it a straightforward process, like a web form or a text response, to ensure you are documenting their consent in a way that meets legal requirements.
- Provide an Easy Opt-Out Mechanism
You must offer an easy way for recipients to opt out of your messages at any time. A simple “Reply STOP to unsubscribe” message is effective, but your customers should also be able to use the words “STOP” “QUIT” “UNSUBSCRIBE” “OPT-OUT” or “CANCEL”, indicating they no longer wish to receive messages from you and that request must be honored.
- Clearly Identify Your Business
Transparency needs to be a key aspect of your SMS program. Every SMS message should clearly identify your business. Include your company name or recognizable brand identifier at the message’s outset to avoid any confusion and potential complaints from recipients who might not recognize the sender.
- Respect Geographic Sending Time Restrictions
U.S. regulations require that SMS marketing messages be sent ONLY between 8 AM and 9 PM in the local time of the recipient. However, multiple U.S. states have their own, more restrictive ‘quiet hours’ during which you’re not allowed to send SMS marketing messages. Although you may not be located within these specific states, you still must adhere to the state-specific regulations and adjust your sending times accordingly if your audience is located in any of those states.
- Update and Honor Do-Not-Call Lists
Effective management of your do-not-call lists is critical for maintaining compliance in your SMS campaigns. Keeping these lists up-to-date ensures that messages are not sent to individuals who have opted out. Additionally, you must also honor the U.S. national Do-Not-Call Registry. Phone numbers on the national DNC list must also be suppressed from your SMS campaigns.
Navigating SMS compliance is a challenge, but it isn’t insurmountable. These tips should help play a part of your larger compliance program across your SMS marketing initiatives.
Please Note: With any legal compliance topics, we recommend you obtain professional legal advice from an attorney to ensure your SMS programs are compliant with all applicable laws and regulations.
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