SMS & Text Message Compliance Overview

SMS marketing can be a powerful channel because text messages are delivered directly to a customer’s mobile phone. That also means businesses need to treat the text message inbox with care. A customer’s phone is personal, and SMS campaigns should only be sent to people who have given proper permission.

Text message compliance is designed to protect consumers from unwanted messages, spam, misleading promotions, and misuse of personal contact information.

Organizations Involved in SMS Compliance

• CTIA: The Cellular Telecommunications Industry Association helps set messaging standards and best practices for the wireless industry.
• MMA: The Mobile Marketing Association provides guidance and standards for mobile marketing practices.
• FCC: The Federal Communications Commission regulates communications and oversees important consumer protection rules.
• FTC: The Federal Trade Commission helps protect consumers from deceptive, unfair, or misleading business practices.

SMS Compliance Key Terms to Know

Opt-In

An opt-in is the action a consumer takes to join your SMS program. This may happen when someone enters their phone number on a form, checks a consent box, scans a QR code, or texts a keyword to join.

Opt-Out

An opt-out happens when a subscriber no longer wants to receive messages. A common opt-out method is replying STOP. Businesses should honor opt-out requests quickly and remove the subscriber from future SMS campaigns.

Express Written Consent

Express written consent is the permission a business may need before sending promotional text messages. Customers can provide this consent by checking a form box, texting a keyword, or agreeing through another documented signup process.

Transactional Text Message

Transactional text messages provide important account or service information. Examples include order confirmations, appointment reminders, shipping updates, login codes, and payment notices.

Promotional Text Message

Promotional text messages are sent to market products, services, offers, events, discounts, loyalty rewards, or other non-essential updates. These messages generally require clear prior consent.

Text Spam

Text spam is an unsolicited message sent to someone who did not give permission to receive SMS communication from the business.

Privacy Policy

A privacy policy explains what personal information your business collects, how that information may be used, and how customer data is protected.

Terms and Conditions

SMS terms and conditions explain how your texting program works. They should include the types of messages subscribers may receive, message frequency, message and data rate notices, opt-out instructions, help instructions, links to your privacy policy, and other program terms.