Textline boasts features that help ensure compliance with HIPAA and other legal regulations. (Source: Textline)
When using a text message marketing service, be sure to follow text message marketing laws and best practices.
“Text message marketing is a fun way to reach people but you want to stay on the right side of the law so you don’t get in trouble and so your customers can trust you,” said Ramsinghaney, who recommended only using “marketing services that put compliance first and provide tools for opt-in and opt-out list management.”
Ramsinghaney further stressed the importance of educating your team on the latest regulations, like those below.
Telephone Consumer Protection Act (TCPA)
The TCPA is overseen by the U.S. Federal Communications Commission. It outlines the laws you must abide by when collecting contacts and sending text messages. Not everything in the TCPA applies to text message marketing, but you should review the regulations specific to texting to ensure you comply.
“If you fail to comply, you can be sued and receive penalties in the form of fines per text sent,” said Wilson.
One TCPA requirement is that you get permission from each contact before you send text messages to them. Another is that you only send texts between the hours of 8 a.m. and 9 p.m. (in the recipient’s time zone, not yours).
CAN-SPAM Act
The Controlling the Assault of Non-Solicited Pornography and Marketing Act, designed by the Federal Trade Commission, prohibits sending unsolicited email and text messages that contain explicit or offensive content. The law also mandates advertising messages be readily identifiable as such and have clear opt-out options. Additionally, the law forbids sending marketing messages without consent. However, whether any given message is subject to the CAN-SPAM Act depends in part on whether it is considered commercial content (like an advertisement) or transactional content (like an appointment reminder).
Cellular Telecommunications and Internet Association (CTIA) and Mobile Marketing Association (MMA)
The CTIA and MMA guide companies on the appropriate use of text message marketing to consumers. Although these guidelines are not laws, they are considered best practices. Some of the recommendations include getting the consumer’s opt-in approval before sending messages to them, providing an easy mechanism to unsubscribe and not using the term “free” unless what you’re offering is truly free to the end user.
Campaign Registry
In recent years, consumers have been plagued by spam text messages. To address this, the Campaign Registry was established by the major cellular network operators, including Verizon, T-Mobile and AT&T. Their goal was to stop spam text messages so that, as a channel of communication, it would retain and strengthen the trust of consumers. Now, before any company can send a text message marketing campaign via a 10-digit-long code (10DLC), they must be on the Campaign Registry.
To apply, you must first provide information about your company, including its brand name, type of business, address, website address, company size and contact details. You also need to share why you want to use texting, the type of content you want to send out (including sample messages) and how you’ll manage subscribers opting in and out. Once registered, you’ll get higher deliverability on your text campaigns and be able to send more messages. There is a fee of $15 a month to stay on the service and all phone numbers from which campaigns are sent out must be on the Registry. Your text message marketing platform provider will normally assist you in this process.
You can be fined $500 to $1,500 for every illegal text message you send. All the services we investigated have active programs to help you stay on the right side of the regulations.