Sixty-nine percent of consumers across all age groups would like to be able to contact a business via text. But before you start texting all your customers, there are some rules that you need to follow. Here’s a rundown on what you need to know when texting consumers.
A marketing SMS text message is a message you send via SMS or MMS. Your message is received on your customers’ phones after they opt-in to receive texts from you (“opt-in” being the operative word).
It is against the law to send unsolicited messages via text, email, carrier pigeon, telegraph, fax or other means of communications, and your customers must opt-in in writing before you can send them SMS or MMS messages.
(If you want more information about what SMS/MMS messages are and how to effectively use them, check out
5 SMS/MMS Best Practices,
How to Use Text Message Marketing and
Generating ROI with SMS.)
The Federal Communications Commission (FCC) passed the Telephone Consumer Protection Act (TCPA) in 1991 in response to growing complaints about telemarketing calls, especially those that used robo dialers. Over time, the legislation has expanded to include SMS and email marketing.
In addition, the industry has developed guidelines and best practices to help marketing companies navigate the world of digital and cyber marketing.
The Mobile Marketing Association (MMA) issued the
U.S. Consumer Best Practices, which summarizes the TCPA provisions, and expects members of the MMA to adhere to the best practices and the regulations.
While there are no legal enforcement provisions, members who do not adhere to the
code of conduct can be removed from the association, and face reputational damage.
And because people can shop from anywhere now, if you do business with consumers in the European Union, you also need to be aware of the EU’s
General Data Protection Regulation, (GPPR), the strictest privacy and data security regulations in the world.
In simple terms, the TCPA states before a business can send marketing messages to a consumer, that business must get express written consent from the consumer. Consumers can specify what kind of communications they want to receive. They can also opt out, and that wish must be respected.
Consumers must give written consent before anything can be sent by SMS/MMS. Consent can come in different ways, for example:
Check out our article on
what opt-in locations are effective for SMS.
Once the initial opt-in has occurred, it is important to send a response that requires the consumer to confirm they are aware they are opting in to receive marketing messages, that they can unsubscribe at any time and there may be additional charges to receive SMS/MMS messages.
(In practice, every provider across the globe allows SMS messages, but not all of them accept MMS. Both SMS/MMS are considered text messages, so it won’t eat into data plans.)
The TCPA states SMS campaigns can be sent from 8 a.m. to 9 p.m. in the recipient’s timezone. It can be difficult to know a user’s location, and area codes are not a reliable indicator. So, practically this means 8 a.m. to 6 p.m. Pacific Time. That includes weekends and holidays.
Consumers have the right to opt-in for all, some or none of the marketing messages.
For example, they can opt in for delivery notifications and order updates or appointment reminders and opt-out of the marketing messages. They can opt-in for SMS and opt-out of email or vice versa. They can also change their minds and opt-out at any time. Businesses must honor consumers’ wishes.
Every SMS message should include instructions that give consumers a way to opt-out just by replying to the message with “STOP,” “CANCEL”, “END” or a similar keyword. Opt-out should be immediate.
Consumers also have the right to be placed on a “do not contact” registry, and businesses must comply with that request as well.
People shop from all over the world, and area codes may not tell the full story, so it’s good to be aware of the EU guidelines, especially if you allow international orders.
The GDPR applies to all personal identifiable information that could allow a person to be directly or indirectly identified. That includes name, address, phone number, customer number, etc.
If you process data you must follow
seven principles, including transparency, only using the data for what you need it for and for what the person agreed to, ensure that data is kept safe and secure and you must be able to show compliance at any time on demand.
There are also strict rules about what constitutes consent and opt-in, and under what circumstances you can use the data in the first place. If you adhere to GDPR guidelines, you will be compliant with any regulations anywhere else in the world.
The regulations themselves are more than 88 pages, so take some time to study them. Not only are they the most comprehensive, they are also expensive if you mess up: “There are two tiers of penalties, which max out at €20 million or 4% of global revenue (whichever is higher), plus data subjects have the right to seek compensation for damages.”
To sum up, here is a quick list of things to keep in mind:
For many people, their mobile phone has become their primary means of communication. When they give you their cell number, they are trusting you with their personal information.
Before you send any form of communication by SMS/MMS, make sure you are following all the rules. Not only can you be subject to hefty fines if you don’t, but it could cost you much more than that in terms of your reputation.
When you violate a customer’s trust in you, you may never get it back, and that kind of word tends to spread. Follow these guidelines and add a powerful tool to your marketing toolbox with SMS.