One evening, while relaxing at home and watching TV, you’re interrupted by a new text message notification on your phone. To your surprise, it’s an advertisement from a local clothing brand, despite not subscribing to any text alerts. Over the next few days, the company continues to send unsolicited messages.
This scenario likely irritates you, and it can similarly affect potential customers of your business if you engage in unwanted SMS messaging without adhering to SMS compliance regulations.
However, the dissatisfaction doesn’t end with your audience. The law also intervenes, as SMS marketing is subject to various regulations. To safeguard your business from legal repercussions, it’s crucial to maintain SMS compliance.
Understanding SMS compliance and implementing it in your SMS marketing efforts is essential. Keep reading to learn more and subscribe to Revenue Weekly, our email newsletter, for additional digital marketing insights from an agency with over 1,100 client testimonials!
SMS compliance refers to adhering to the laws governing SMS marketing texts. Spam texts are not only frustrating but also violate privacy, hence the regulations on how businesses should interact with users via SMS.
Text message compliance is about ensuring your business complies with these laws during SMS marketing campaigns.
The primary reason SMS compliance is vital is that it’s a legal requirement. Moreover, non-compliance can severely impact your business. Firstly, it may lead to spamming users with unwanted texts, potentially driving them away and reducing your customer base and revenue. Secondly, violating SMS marketing laws can result in substantial fines, further affecting your financials.
Bottom line: SMS non-compliance is illegal and detrimental to your business’s profitability.
Now that we’ve discussed the importance of SMS compliance, you might be wondering how to maintain it. Relax, as there are steps you can take to ensure compliance with both your audience and the law. However, please note that this article does not provide official legal advice. For detailed legal guidance, research the Telephone Consumer Protection Act (TCPA) and CAN-SPAM Act or consult a lawyer.
In summary, following these steps can greatly assist your business in maintaining SMS compliance, but they are not an exhaustive overview of the relevant laws.
Here are some critical actions to ensure SMS compliance:
1. Obtain informed consent
When initiating an SMS marketing campaign, the first step is to obtain informed consent from individuals you plan to text. Both “informed” and “consent” are crucial elements.
Begin by outlining the details of your SMS program, including who the messages are from, their content, and frequency. Ensure users are aware of your terms and conditions and privacy policy.
Then, obtain clear, recorded permission from users to send them texts. This can be done through a checkbox, a written statement, or a signature, as long as their consent is explicitly expressed.
Finally, send a confirmation text to verify their consent. If they don’t respond to the confirmation, refrain from sending further texts.
2. Use appropriate timing and frequency
Once you have obtained informed consent, ensure that you send texts at appropriate times and frequencies. Avoid sending marketing messages too early, too late, or too frequently throughout the day.
It’s advisable to send messages no more than once a week and during daytime hours, specifically between 8 AM and 9 PM. Avoid sending texts outside these hours and consider time zones when scheduling messages.
3. Include required and appropriate content
Besides being mindful of the timing of your texts, be cautious about their content. Certain topics are strictly prohibited in SMS marketing.
Specifically, avoid including content that falls into any of the following five categories:
Sexual content
Hateful content
Alcohol-related content
Firearm-related content
Tobacco-related content
Always include your business name in your texts to ensure users know who you are, as they may not save you as a contact.
4. Allow for easy opt-outs
It’s crucial to provide users with the option to opt out of your text messages. Just as you would include an “unsubscribe” button in an email, you should provide instructions on how to stop receiving texts.
Typically, users opt out by replying “STOP.” Ensure users are informed of this method when they sign up and remind them periodically in your texts. Always respect users’ opt-out requests and refrain from sending them further texts.
Additionally, avoid texting numbers on the National Do Not Call Registry, as it applies to texts as well as calls.
Ready to enhance your SMS marketing campaigns and attract more leads? WebFX, with over 28 years of digital marketing expertise, is here to help. We’ve generated over 24 million leads and $10 billion in revenue for our clients in the past five years. Partner with us to receive the same exceptional service we offer our clients!
Start your journey with us by calling 888-601-5359 or contacting us online today!