While all these organizations advocate for text message privacy, the FCC and FTC hold the power to create and enforce SMS laws. Two key acts under the FCC govern SMS compliance requirements:
SMS Compliance Guide: Navigating Regulations with TXTImpact
Your Partner in SMS Compliance
While all these organizations advocate for text message privacy, the FCC and FTC hold the power to create and enforce SMS laws. Two key acts under the FCC govern SMS compliance requirements:
Telephone Consumer Protection Act (TCPA)
CAN-SPAM Act
SMS Compliance Key Terms
To navigate SMS compliance, understand these key terms:
Opt-In:
The process consumers undertake to enroll in your SMS program. It typically involves providing their phone number and agreeing to receive exclusive offers or notifications.
Opt-Out:
When subscribers indicate they no longer wish to receive SMS messages from your business. Failure to honor opt-outs can lead to penalties.
Express Written Consent:
A higher level of permission required from consumers before sending marketing messages, as outlined by the FCC.
Transactional Text Message:
Messages solely for updating or informing customers about essential information, like order confirmations.
Promotional Text Messages:
Marketing messages to generate sales or engage an audience with non-essential information. These require prior express written consent.
Text Spam:
Unsolicited SMS messages sent to consumers without their consent.
Privacy Policy:
A document disclosing your organization's data collection, usage, and protection practices.
Terms and Conditions:
Outlining your SMS program details, including message types, texting frequency, data rate notices, costs, privacy policy, opt-out instructions, and terms of use.
SMS Compliance Checklist
Follow these critical steps for SMS compliance:
Outline Program Details at Opt-In:
Present your SMS program clearly, including your business name, message types, texting frequency, data rate notices, terms and conditions, privacy policy, and opt-out instructions.
Receive Prior Express Written Consent:
Ensure you have explicit written consent before sending marketing messages. Failing to do so can result in fines.
Clearly Communicate Terms and Conditions:
Develop a page outlining your SMS policy, with a link in your initial disclosure text. Notify subscribers of any policy changes.
Confirm Opt-Ins:
Send a confirmation message to double opt-in participants.
Time Your Texts Appropriately:
Avoid texting before 8:00 AM or after 9:00 PM, as per TCPA regulations.
State Your Business Name:
Include your business name in every message for transparency.
Allow Easy Opt-Out:
Ensure subscribers can easily opt out, e.g., by texting "STOP."
Avoid Banned Language:
Follow CTIA rules, avoiding content related to sex, hate, alcohol, firearms, and tobacco without age gating.
Don't Message Opt-Outs:
Never text anyone on the National Do Not Call Registry or subscribers who have opted out.
SMS Compliance Guidelines for TXTImpact Users
At TXTImpact, we prioritize SMS compliance to ensure your messaging campaigns are both effective and compliant with industry standards. Here's a comprehensive guide to help you understand the essential aspects of SMS compliance and how to navigate them seamlessly:
Brand Registration Guide
When registering your brand with us, it's crucial to provide accurate information. Here are the key details required:
Legal Company Name: This should match your business's IRS registration (for US businesses) or Corporations Canada registration.
Brand Name or DBA: If your business operates under a trade name or pseudonym, provide it here.
Country of Registration: We currently accept registrations for the USA and Canada.
Type of Legal Forms: Select the appropriate entity type, such as Private, Non-Profit, Government, or Public, and provide the necessary identification details.
Universal EIN or TAX ID: Ensure that your Tax ID or EIN aligns with your legal company name and registration.
Service Address: Match this to the address on your EIN letter or the one used during registration with Corporations Canada.
Website/Online Presence: Include all relevant online platforms associated with your business, as this aids in verification.
Vertical Type: Specify the industry market that best fits your business.
Email Address and Phone Number: Provide your company's email address and phone number.
Campaign Registration Guide
When creating SMS campaigns, ensure you understand the campaign registration process:
Usecase: Declare the intended use case of your messages, whether it's account notifications, customer care, or 2FA.
Special Use Cases: Some sensitive use cases may require vetting or pre/post approval by MNOs (Mobile Network Operators).
Campaign & Content Attributes: Be accurate in describing your campaign attributes, such as direct lending, embedded links, embedded phone numbers, age-gated content, and more.
Terms & Conditions: Clarify that your campaign will not be used for affiliate marketing.
Campaign Description: Clearly explain the campaign's objectives and intended use to help users understand its purpose.
Sample Messages: Provide unique sample messages that align with your campaign description and include opt-out language in at least one sample.
Call to Action / Message Flow: Ensure an easy-to-understand Call to Action that clearly explains how users can opt-in to your campaign.
START / Opt-In Response Message: Include a response message confirming opt-in enrollment, contact details for help, and instructions on how to opt-out.
STOP / Opt-Out Response Message: Create a response message acknowledging the opt-out request.
HELP Response Message: Offer support contact information for users who need assistance.
Common Rejection Reasons
Avoid common rejection reasons by adhering to these tips:
Inappropriate Use Cases
Certain content is not suitable for SMS campaigns, including social marketing, financial services, gambling, gift cards, sweepstakes, and more. Avoid these topics to ensure compliance.
Tips and Best Practices
By following these SMS compliance guidelines, you can maximize the effectiveness of your SMS campaigns while staying in full compliance with industry regulations. For any further assistance or questions, don't hesitate to contact us at TXTImpact. Your compliance is our priority!
TXTImpact: Your SMS Compliance Partner
At TXTImpact, we understand that SMS compliance is the foundation of successful text messaging campaigns. We're here to guide you through compliance regulations and ensure that your SMS program meets all legal requirements. Let's work together to unlock the full potential of SMS marketing while staying within the boundaries of the law.
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