Text Message Compliance
This guide is for informational purposes only. We recommend contacting an attorney to seek additional advice pertaining to the TCPA (Telephone Consumer Protection Act) and SMS — text marketing best practices in general.
Below, we discuss the main regulations to help you remain in compliance throughout your text marketing campaigns and notifications.
There are three laws that will tell you everything that is required of marketers and advertisers who wish to use text messaging for commercial purposes:
To begin, identify what type of text message you are sending — periodic marketing message or a one-time message. The type of messages being sent is important to understand before composing your message.
Periodic (Marketing) Text Message
Periodic messages sent for marketing purposes require customers to actively express consent in writing (e.g. double opt-in) to receive your text messages. There are several methods a customer can subscribe to your texts, in each, the first message will always be a compliance message requesting their consent to receive text messages to their mobile number from your brand. It is not until they reply and confirm their consent that they will be able to receive further marketing messages from you.
For more information on on your text compliance flows, contact your Customer Success Manager.
Once the initial compliance messages have been sent and confirmed, make sure before sending any marketing text message;
Make your identity known! Start the message with your company name. Especially, if you are on a shared short-code you should always pre-fix your text message with your name to distinguish your messages from others.
At least once a month, disclose to customers useful information and opt-out instructions; tell your subscribers how to opt-out or ask for help. For example: “Text STOP to cancel, HELP for help.”
At least once a month, remind customers of any fees that they could be charged. For example, “Msg & Data Rates May Apply.”
Do not include content that involves illegal behavior or substances, violence, adult content such as nudity, profanity, or hate speech. You cannot text Sex, Hate, Alcohol, Firearms, and Tobacco in the text messages.
Generally, the best times to send are between the hours of 9 AM and 9 PM in local time.
Message thoughtfully and carefully.
Emoji’s are not supported.
An example marketing text message can sound something like this:
“Brand Name: Happy Ice Cream Day! Celebrate w/a free cone today only. Enter mobile # in-store to redeem. Text STOP to end, HELP for help. Msg&DataRatesMayApply.
Learn more about Periodic Marketing Messages in the Spendgo Dashboard.
One-time Text Message
A one-time text message is not marketing, you can only send the requested information by the customer once. These are commonly used for account notifications.
It is critical to keep in mind the following before composing any one-time text message:
Only send the information that was requested by the customer. Do not send any additional marketing as this is not in compliance.
Double opt-in is not required to send a one-time notification, but the message must be initiated by the customer first requesting or confirming the information to be sent to them.
Make your identity known! Always start the message with your company name. Especially, if you are on a shared short-code you should always pre-fix your text message with your name to distinguish your messages from others.
You do not need to include opt-out, messaging rates, or help content because these messages do not recur.
An example one-time text message can sound something like this:
“Brand Name: We’re confirming your support request. Points have been added to your account. View points here: https://my.spendgo.com/signin”
or
“Brand Name: Your order is ready to go! More info call 5555555555”
Learn more about One-time Text Messages in the Spendgo Dashboard.