Many brands incorporate SMS marketing into their omnichannel strategy—and for good reason. SMS...
SMS messaging is undoubtedly a powerful marketing channel—it boasts a high open rate and delivers immediate results through two-way messages. Unsurprisingly, its market size in the US will likely hit $37.45 billion by 2031.
But this unprecedented growth also draws heightened scrutiny from regulatory bodies, and you don’t want to be in their bad books. Just having customers’ contact details doesn’t give you the right to send them telemarketing messages at any time you wish to.
Instead, you must first obtain consent and adhere to the Telephone Consumer Protection Act (TCPA) guidelines to ensure SMS compliance. TCPA violations attract fines ranging from $500 to $1500 per violation.
To get started, here's a simple way of looking at why you need texting consent:
Think of it this way — How would you feel if someone texted you and you had no idea how they got your number? Probably pretty angry. It's happened to all of us. Don't make that same mistake, especially with your business or brand. Get permission. It's not hard and makes all the difference in the world.
This guide covers all the essentials for SMS communications, helping you stay compliant while harnessing the power of text marketing.
Table of Contents
Understanding TCPA Regulations for SMS Marketing
Message Types and Their Compliance Requirements
Essential Elements for SMS Compliance
- Obtain Express Written Consent
- Provide Clear Opt-Out Options
- Honor Opt-Out Requests Promptly
- Maintain Accurate Records
- Never Use Third-Party Lists
Best Practices for Avoiding TCPA Violations
The Role of Technology in Ensuring SMS Compliance
Stay Up-to-Date on SMS Compliance with Mozeo
Understanding TCPA Regulations for SMS Marketing
Enacted in 1991, the TCPA statute regulates telemarketing calls and texts, and the Federal Communication Commission (FCC) holds the authority to enforce this law. The Act limits telemarketing solicitations and the use of automated tools to deliver communications.
Under TCPA regulations, businesses must acquire consumer consent before sending them automated texts. The rules also mandate businesses to:
- Offer an opt-out mechanism to allow consumers to stop further communications
- Inform recipients of the message’s source (in the message itself)
- State the reason for contacting the recipient
- Adhere to the 13-hour time restriction (8 a.m. to 9 p.m.) for contacting customers
These guidelines remain essential for protecting consumer privacy and preventing SMS abuse. Otherwise, consumers may exercise their private right of action to sue companies that violate the rules. If found culpable, companies face fines of $500 per infraction and $1500 per willful violation.
Message Types and Their Compliance Requirements
The TCPA outlines specific guidelines for different types of messaging. Here is what you need to know for each.
Conversational Messaging
Conversational messaging is the back-and-forth, real-time communication between a customer and a company, mostly initiated by the customer. For instance, a customer can text a store to inquire about a product, and the store can respond with details about the product and its location.
Under the TCPA, these interactions carry implied consent, meaning businesses face no compliance hurdles, provided the communication remains conversational and not promotional.
Informational Messaging
Informational messaging includes non-promotional updates, such as:
- Service notifications
- Order confirmations
- Emergency text message alerts
- Appointment reminders
Examples include restaurants sending an SMS to confirm a customer’s reservation or order and businesses reminding customers about their upcoming appointments.
Customers give prior express consent to these updates when sharing their numbers with businesses—this can be as simple as checking a box. The TCPA doesn’t require explicit written consent for these messages.
Promotional Messaging
Promotional messages refer to marketing or advertising texts, such as:
- Special offers
- Discounts
- Flash sales
- Free shipping
- Remarketing
For instance, a clothing retailer sending a text message to customers offering a 20% discount on their next purchase equates to promotional messaging.
Under the TCPA, these messages require prior express written consent. The consent must be clear, with a specific acknowledgment that the recipient agrees to receive such messages.
If you use a mobile keyword or collect contacts from your website, you must include vital information showing you're a trusted sender.
Here is a sample:
Message & data rates may apply. Message frequency will vary. Reply HELP for help or STOP to stop. For terms and privacy, visit INSERT YOUR LINK(S).
Essential Elements for SMS Compliance
Understanding the essential TCPA elements for SMS compliance is critical for businesses to maintain a good regulatory standing and foster customer trust. Here are the five key elements.
1. Obtain Express Written Consent
You can’t “cold text” your audience—you must obtain express written consent before sending them telemarketing messages. This is important to protect your business from penalties and potential lawsuits. Keep a record of all customer consent documents for future reference.
2. Provide Clear Opt-Out Options
You must allow customers to unsubscribe from your communications at any time. Ensure your messages have an easy-to-use opt-out mechanism for customers, as the TCPA requires it. This can be a simple text command like “Reply STOP to unsubscribe” at the end of the message.
3. Honor Opt-Out Requests Promptly
The TCPA requires businesses to honor customer opt-out requests within ten business days of receipt. You can simplify the process and ensure prompt removal of contacts from lists using automation tools like Mozeo. Note that failure to honor requests can attract penalties.
4. Maintain Accurate Records
Keeping records of consent, messages sent, opt-out requests, and dates provides a clear audit trail and ensures TCPA compliance. Use an SMS marketing platform that automatically records all the interactions with customers to log this activity. Be sure to maintain these records for at least 5 years to stay compliant.
5. Never Use Third-Party Lists
You can’t buy, sell, or exchange customer consent. The TCPA strictly forbids buying third-party contact lists from any individual or company. This includes purchased or rented lists and lists scraped from third-party sources. You should create your lists and obtain consent directly from customers.
Best Practices for Avoiding TCPA Violations
As noted before, TCPA violations can result in fines ranging from $500 to $1500. Here are the best practices for avoiding these penalties.
1. Regularly Update Compliance Procedures
The FCC keeps modifying and updating the TCPA rules to close loopholes in regulations and address emerging scenarios. For instance, a new rule on one-to-one consent that alters the definition of express written consent will be effective starting January 27, 2025.
It’s vital to keep up with these updates and periodically review your SMS marketing practices to ensure compliance. Work with legal professionals to understand these updates and how they will impact your operations. Also, encourage your team to re-train whenever there are updates.
2. Implement Robust Data Management
Regulatory bodies may carry out routine or targeted operations to confirm compliance. Be sure to implement a robust data management system to securely collect, store, and manage customer data and protect against TCPA violations.
Your system must support consent tracking, opt-out management, data audits, and customer segmentation. A reliable system must also have data encryption and access control capabilities to protect your data and prevent data loss.
3. Conduct Periodic Training
It’s crucial to offer your marketing teams periodic training on TCPA regulations. The training must cover every aspect, including:
- Customer consent
- Permissible hours
- Required disclosures
- Record keeping
- Opt-out management
- Regulatory penalties
- Do Not Call (DNC) limitations
TCPA training for employees is essential to avoid fines, protect your reputation, and ensure operational efficiency. Keep your training programs up-to-date as TCPA regulations evolve. You can implement a certification process for employees as tangible proof of their understanding of TCPA regulations.
The Role of Technology in Ensuring SMS Compliance
Monitoring every aspect of your SMS marketing operations to ensure TCPA compliance can be challenging, especially if you have high-volume operations. Technology eases this burden by allowing you to automate processes and maintain detailed records of customer interactions.
For instance, automated consent management streamlines the collection and management of express written content for easy tracking and storing. Opt-out handling systems automatically process requests to ensure prompt removal of contacts from future campaigns.
Advanced SMS marketing platforms can monitor campaigns in real-time and alert you to potential TCPA violations and compliance issues. Technology can also help with message personalization, collecting customer feedback, geo-targeting, and monitoring time and frequency limits.
Stay Up-to-Date on SMS Compliance with Mozeo
With the increasing adoption of SMS in marketing, operating within the accepted telemarketing guidelines is crucial to avoid fines or class-action lawsuits.
For some businesses, keeping up with TCPA guidelines and monitoring operations for compliance can pose a significant challenge. The FCC also regularly modifies the rules to ensure consumer protection, clarify legal interpretations, and adapt to evolving communication technologies.
You shouldn’t struggle with TCPA compliance alone—we are here to help.
At Mozeo, we provide a complete SMS marketing solution that automates and streamlines SMS compliance. Our opt-out system automatically processes opt-out requests, while our group-sending function makes it effortless to segment customers according to time zones to adhere to TCPA time limits.
Get started with Mozeo today and discover how we can help keep your SMS marketing TCPA-compliant.
