Text messages are generally considered a form of “informal communication” because they are a casual, quick way to communicate. They are often used in personal settings, and they use abbreviated language, and are less formal than traditional written communication, such as letters or formal emails.
However, in the age of digital communication, text messaging has become a helpful tool for businesses to connect with customers. Text messaging compliance involves adhering to a set of regulations designed to protect consumers from unwanted or deceptive messages. Navigating the complex regulatory landscape surrounding SMS marketing is crucial to avoiding legal pitfalls and maintaining customer trust.
Telephone Consumer Protection Act
The Telephone Consumer Protection Act (TCPA) is a United States federal law that protects consumers from unwanted phone calls, texts, and faxes. Passed in 1991 and amended several times since then, it requires businesses to obtain prior express written consent before sending marketing texts. This consent must be clear and visible at the point of sign-up, ensuring that subscribers understand they are agreeing to receive recurring automated messages.
Businesses needs to provide an easy way for recipients to opt out of future messages. Additionally, messages outside designated quiet hours—typically between 9 in the evening (9:00 p.m.) and 8 in the morning (8:00 a.m.) in the recipient’s time zone—are restricted to prevent disturbances during late or early hours when people might be resting.
Non-compliance with TCPA can result in substantial penalties ranging from $500 to $1,500 per incident. These fines underscore the importance of adhering strictly to these regulations.
Best Practices for Mobile Compliance
1. Obtain Express Written Consent
Before initiating any communication via text message, make sure that you obtain explicit consent from potential recipients. This can be achieved through online forms where users check boxes indicating their willingness to receive messages or via text-based opt-ins where individuals send specific keywords agreeing to receive communications from your business.
2. Provide Clear Opt-In and Disclosure
Once someone opts in, send an initial confirmation message detailing your organization’s name so there’s no confusion about who sent it. You should also explain important details, such as why you’re contacting them and how frequently they might expect messages.
3. Respect Opt-Out Requests
Include clear instructions in every message, allowing recipients easy ways out, such as texting “STOP” back whenever desired without hassle whatsoever! Regular reminders keep everyone informed regarding available options that are always accessible should needs change over time, moving forward smoothly indeed. This aligns with the mobile compliance mandated by the TCPA.
Conclusion
Your company can foster a mutually beneficial relationship with clients if you comply with mobile regulations. While they may seem unnecessary at first, you’ll soon realize their importance in converting leads and steering clear of legal hurdles.
