SMS marketing is a powerful tool that can be used to reach a large audience and drive engagement. However, there are a number of legal considerations that businesses need to be aware of before using SMS marketing. In the United States, the two main laws that govern SMS marketing are the Telephone Consumer Protection Act (TCPA) and the CAN-SPAM Act. The TCPA prohibits sending unsolicited text messages to wireless numbers, and the CAN-SPAM Act sets rules for commercial email messages, including text messages. The Telephone Consumer Protection Act (TCPA) The TCPA is a federal law that was enact in 1991 to protect consumers from unwant telemarketing calls and text messages. The TCPA prohibits sending unsolicited text messages to wireless numbers, unless the recipient has given prior express consent. There are a few exceptions to the TCPA’s consent requirement. For example, businesses can send text messages to wireless numbers without consent if the messages
Transactional messages such as appointment reminders or
Shipping notifications Messages that are sent to customers who have previously done business with the business Messages that are sent to customers who have given their consent to receive marketing messages by signing up for a loyalty program or subscribing to a newsletter Thet is a federal law that sets rules for commercial email messages, including text messages. The CAN-SPAM Act requires businesses to: Identify themselves in the message Include a physical address and Photo Restoration Service phone number Provide an opt-out mechanism Not use deceptive subject lines Not send excessive messages Other Legal Considerations In addition to the TCPA and the CAN-SPAM Act, there are a number of other legal considerations that businesses need to be aware of when using SMS marketing. These include: State laws: Some states have laws that are more restrictive than the TCPA. For example, some states require businesses to get written consent before sending text messages.
Industry regulations Some industries such as financial
Services and healthcare, have their own regulations that govern SMS marketing. Consumer privacy laws: Businesses need to comply with consumer privacy laws. Such as the General Data Protection Regulation (GDPR), when collecting and using contact information for SMS marketing. Best Practices for SMS Marketing Compliance To ensure compliance with SMS marketing laws, businesses should follow these News US best practices: Get express consent from recipients before sending them text messages. Make sure that your text messages are label as commercial messages. Include your physical address and phone number in your text messages. Provide an opt-out mechanism in every text message. Avoid sending text messages to recipients who have opted out. Do not send text messages that are deceptive or misleading. Do not send text messages that are spam.
