Rules about SMS Compliance Businesses Must Know

Text messaging has become the alternative communication channel for businesses, as users get overwhelmed by electronic emails (emails). More people are into typing text instead of making phone calls and receiving emails. However, using short message service (SMS) requires enterprises to follow retention policies implemented by regulatory boards, such as the Securities and Exchange Commission (SEC).

Businesses that fail to meet text messaging compliance might face legal sanctions and hefty fees. Complying with the regulatory requirements is not as complicated if business owners know the process. These are the SMS rules to learn for compliance:

Express Written Consent

The 1991 Telephone Consumer Protection Act or TCPA provides that businesses cannot send automated promotional text messages once customers are yet to give “express written consent”. Telemarketers cannot bury this written consent in pages-long legalese and must be clear and conspicuous so that recipients learn what they are signing for. TCPA also requires businesses to include an automated interactive “opt-out” option.

Set Rules Before Importing Contacts

Customer written consents are not only for new subscribers but also for every contact and those imported. Because of this, businesses must ensure that their lists of contacts that have already provided phone numbers have authorized them to send promotional text messages.

Confirmation Message

The business’ first text message to the user must be a compliance message confirming the person’s subscription to their promotional messages. This message must also include important details, specifically: business identity, message frequency, information that the message and data rates might apply, and the opt-out process.

Businesses can invest in archiving tools to automate their data retention processes. Archiving makes it easier for them to comply with regulatory rules with other benefits.

Organizations can use to defend themselves during litigations with archived text messages. Recorded texts are a source of truth, especially against false claims by clients. Archived messages can also help create new yet effective marketing strategies. Businesses can review past messages to see if previous advertising techniques are successful or not.

LeapXpert can help businesses that use telemarketing to promote and sell products or services. Connect with us through our contact page for inquiries.