Even when using a separate SMS service, companies remain responsible for the content of their messages. Any violation will result in a fine of $500 per event. In other words, it`s the penalty for each message that violates TCPA compliance, not the penalty for the entire campaign. It`s important to know that to be TCPA compliant, you need to explain to potential SMS subscribers that they sign up to receive recurring automated text messages by joining your text program. You can`t hide this consent language at the bottom of your sign-in, on a landing page, or on a page that users must click to see. It must be clearly visible and close to the call to action. At the end of the day, SMS compliance isn`t that difficult. First of all, the golden rule is to obtain explicit written consent before sending text messages sent to people. Also, be transparent about what people can expect when they join your writing program and how they can unsubscribe if they wish. Under CASL, businesses that use electronic messages to communicate with consumers must obtain consent, provide identifying information and provide a means to unsubscribe. Simply put, the law requires you to send non-intrusive text messages to your customers, which we`ll define in more detail over time. To make sure you comply with all legal requirements, we cover everything you need to know about the legality of SMS marketing.
Under Australian law, it is illegal to send a single unsolicited commercial text message. To comply with the Australian Spam Act 2003, any email, SMS and commercial telephone message you send must meet the following conditions: Promotional text messages are those that contain content related to sales or marketing. If there is a link or call to action in the post, it is usually considered advertising, but this is not always the case. While the CADP and CTIA guidelines must be strictly followed, it is important to distinguish between the law and the regulations. There is a lot of overlap between the two, but you can think of the ACT as federal laws that prevent unwanted text messaging, and the CTIA guidelines as carrier regulations that further protect consumers. The Federal Trade Commission (FTC) has issued the Controlling the Assault of Non-Solicited Pornography and Marketing Act (CAN-SPAM) to combat unsolicited electronic messages with explicit or offensive content. It complements the TCPA by extending automatic dialer laws to all commercial companies. An authorized exception is for informational messages that do not encourage new business, such as the status of a purchase that has already been made; They can be sent to customers without express written consent. Note that this definition does not extend to messages related to an existing transaction or relationship, such as a delivery notification or non-commercial messages.
We often hear marketers ask, „Can I legally text my customers?” Another notable difference is that if you purchase a contact list from another organization and those contacts have agreed to receive messages from third parties, you can use the list in your own marketing communications. To ensure full compliance with the TCPA, the consumer must have received „clear and visible disclosure” of the text messages they receive from the organization and must agree to receive these messages at their specific phone number. Now that you know the four main regulators, what`s next? That said, as a text or mobile marketer, how do you know what`s legal and what`s not? This is where federal laws that govern text marketing come into play. In the United States, the two most important laws are the TCPA and the CAN-SPAM Act. There are also MMA Consumer Best Practices and the CTIA Short Code Compliant Handbook, which are not laws, but guidelines that outline industry standards. Add value to customers who sign up to receive your text messages. For example, subscribers can get discounts, limited-time offers, or additional features for your basic services, such as delivery tracking or real-time notifications. Think about how your favorite brands can convince you to provide your phone number, and then see how your business could use a similar approach. Before we help you determine whether you can legally text your customers, it`s a good idea to get some context on the law that determines whether or not you can legally text your customers. For example: „Text the word INFO to 555-555-5555 for more information about our loan/MBA/membership program.” When someone writes a text message, it`s the first opt-in. If you want to cover your bases (and we recommend you do), get a double opt-in starting with something like „We want to send you one to four SMS from us per month.
Is that okay with you? Please answer YES or NO. Regulations are in place to protect people from unwanted messages. They make the SMS landscape safer, more predictable, and less intrusive for individual consumers. Ultimately, SMS marketing regulations ensure that the consumer controls if, how, and how much they receive text messages from someone they choose. Businesses should send text messages using shortcodes, five- or six-digit phone numbers that prevent messages from being marked as spam. The use of short codes ensures that communication is regulated by mobile operators and CTIA policies. Informational messages require explicit consent. Since these types of messages are not promotional, the consumer must always give consent, but it does not need to be explicit written consent. Permission can be given by replying to an SMS, filling out a form, or even verbally. Canada has its own laws – Canada`s Anti-Spam Legislation (CASL) – but the differences between CASL and CADP are mainly related to email. If your SMS campaigns meet the criteria for express written consent as defined by TCPA and CTIA, they may be permitted under CASL guidelines.
If you`re not sure if your campaigns meet U.S. or international criteria, seek legal advice. As in Australia, previous customers may have a „soft opt-in” if they have already made a sale or negotiation with the company and provided their contact details (but not necessarily their explicit consent) in this way. Text opt-in laws state that the option to unsubscribe messages is also required for SMS compliance. When consumers opt for SMS marketing campaigns, the messages they receive must be clearly disclosed. You must also agree to receive these messages on your mobile device to get started. Express consent is valid until the recipient withdraws it, but implied consent usually has an expiration date of two years, after which you can no longer legally send CEMs. CAN-SPAM reflects the rules of the TCPA and is the primary anti-spam law in the United States. Under the CAN-SPAM Act, the FCC regulates commercial text messages sent to mobile devices, making it illegal to send unsolicited text messages to cell phone numbers. These unwanted messages are also known as robotexts. News should also be easily recognizable as an advertisement for the reader.
If the person answers „YES”, this constitutes a double opt-in. In addition, this active consent or relationship expires every 18 months. Use Mowgli automation in Salesforce to restore the opt-in 18 months after the first day each user subscribed to your text messages. As its name suggests, this law prevents customers from being spammed by solicited and unwanted messages. In conjunction with TCPA, this legislation makes it illegal for marketers to send unsolicited text messages to a customer`s mobile phone. It enforces what has been described in the TCPA and requires marketers to give customers the opportunity to opt out of messaging services and stop communications within ten days of the customer opting out. Yes, text marketing is legal as long as you follow the rules and regulations required by law. Follow us to learn how to be SMS compliant. Text messages that are merely informative in nature also require consent. In our opt-in methods section, we discuss the ways customers can choose to receive text messages from you. In short, they can agree to receive your messages in different ways, such as: Mogli has an opt-out backup with Salesforce`s standard automation.
This automation enables a checkbox for contact, lead, or other object record called the Disable Motgli checkbox, effectively blocking text messages from being sent in Salesforce to that contact, lead, or other object.