What Are the Laws & Guidelines for SMS Marketing?

Mobile marketing can be a great tool for your business, but you should know that Bulk SMS Marketing is not a free-for-all. There are some laws and best practices you should follow and consider when you plan your campaigns.

TCPA

The TCPA, or Telephone Consumer Protection Act, which was developed by the FCC, has some laws that you need to be sure you follow while you’re collecting contacts and sending out text messages. Not everything in the TCPA applies to text message marketing, but it’s still a good idea to review these laws and be sure you are compliant with them. Some protocols you want to be sure you follow include:

• Get permission from every contact before you start sending mass text messages to them

• Only send text messages between the hours of 8 am and 9 pm. Remember that this is in the time zone of the person you are texting and not necessarily the time zone from which you are sending messages.

CTIA & MMA

The CTIA (Cellular Telecommunications Industry Association) and MMA (Mobile Marketing Association) have similar guidelines on how to appropriately use text message marketing. These guidelines are not laws, but they do provide best practices you should consider following. Some of these best practices include:

• Don’t use the term “free” unless you have a free-to-end-user program

• All advertising should include program name, production description and quality, link to terms and conditions, stop instructions, and the message and data rates may apply message. Or, you can have all this information available when the customer texts HELP.

• Have opt-in approval prior to sending messages

• You must allow your customer the option of opting out

• Opt-in and opt-out records should be maintained for at least six months

• You should not directly advocate the use of tobacco, alcohol or other drugs

• Age verification may be required for some text message marketing campaigns

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