SMS compliance for business text messaging: A refreshingly brief overview of the essentials and best practices

Texting is so powerful, it’s protected. There are many organizations and laws that govern business texting, like:

• The Federal Communications Commission (FCC)
• The Federal Trade Commision (FTC)
• The FCC’s Telephone Consumer Protection Act (TCPA)
• The Cellular Telecommunications Industry Act (CTIA)
• The Campaign Registry (TCR)
• The Short Code Registry
• The Telemarketing Sales Rule (TSR)
• The FCC’s Truth-In-Advertising Laws
• Copyright laws
• Canada’s Anti-Spam Legislation (CASL)
• Mobile carriers like the one that powers your cell phone
• Messaging providers like SimpleTexting
• The local states where you text
• Texters like you

These regulations protect consumers from spam texts (among many other things). And that protection means texting as a business is a highly effective way to reach your audiences.

With all these rules, though, it can be tough to know — with confidence — if you’re doing it right.

SMS compliance starts as simple as:

1. Getting text subscriber consent to receive your message (before you text them).
2. Texting the right amounts of appropriate content at the right times from your verified business number.
3. Helping subscribers receive support and opt out if they no longer want to receive more text messages from your business.

Now, I totally get that this ^^^ sounds easy. But when I started at SimpleTexting and was learning everything I could about texting compliance, I had questions like:

1. What does consent actually mean? And how do I get it?
2. What are the right amounts of texts?
3. What should I know so I don’t accidentally send prohibited content?
4. When should I text?
5. What’s a registered business number? And how do I get one?
6. How do people actually opt out? How can I help them do that?

So if you’re a newbie to SMS messaging for your organization (like I was), I’m hoping you’ll dig this handy guide to understand texting compliance.

My goal here is to:

1. Keep it simple: SMS compliance may sound intimidating (it was to me). I want to help you know you’re doing it right (but I know you don’t want to spend forever learning this stuff).
2. Make it actionable: You don’t just want information about compliance. I’ll give you some best practices and advice to give you the confidence you can do this yourself.

For this first page, I’ll simply give you an overview of business texting compliance (like a TL;DR SMS compliance checklist) and a simple example of how to start a compliant texting program. The subsequent pages go into more detail on implementation.

Let’s go!

⚠️ This advice is for informational purposes only and is neither intended as nor should be substituted for consultation with appropriate legal counsel and/or your organization’s regulatory compliance team.

9 essentials of business texting compliance:

1. Register or verify your business texting number
2. Get your contacts’ opt-in consent before you text them
3. Set texting program expectations for your subscribers
4. Make it simple to get help
5. Make it simple to opt out
6. Text during the appropriate times
7. Text appropriate amounts
8. Don’t text prohibited content
9. Research local texting regulations

Your organization can text from a local ten-digit long code (e.g. 123-456-7890), toll-free number (e.g. 800-123-4567), or dedicated short code (e.g. 123456).

All of these numbers require registration to ensure your messages are delivered through the wireless carriers to your contacts as effectively as possible.

💡 As a best practice, we recommend you text from the number you use to conduct business currently or select a new business number from which you’ll text and accept phone calls. This should be your state-registered phone number, if applicable.

Note: SimpleTexting guides you through the number registration process after you start your trial. For you, registering your number is as simple as filling out a form — we’ll follow up with questions and submit the information on your behalf to The Campaign Registry or Short Code Registry.

There are three types of business texts:

1. Promotional (marketing)
2. Informational (product or service updates)
3. Conversational (two-way communication)

Depending on the types of texts you send, there are different types of consent.

That said, if you collect express written consent from the very beginning, you may send any of these three types of business text messages — all 100% compliant (as long as you also follow the other rules).

Compliant opt-in call to action example to get express written consent:

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Brand Name: By texting KEYWORD to 123-456-7890, you agree to receive promotional messages sent via an autodialer. You also agree to the term of service (website.com/terms) and privacy policy (website.com/privacy). This agreement isn’t a condition of any purchase. Message frequency varies. Message and data rates may apply. Reply STOP to opt out; HELP for more information.

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After a contact subscribes to receive texts from your organization, send a consent confirmation text message as soon as reasonably possible.

Compliant consent confirmation message example:

Note: SimpleTexting is the only online texting service that automatically sends compliance messages for you at no cost (so you don’t need to do this yourself — we got you).

💡 As a best practice, we recommend also texting a welcome message that includes program-specific expectations immediately following your consent confirmation message. This should include some context as to what kinds of content the subscriber can expect to receive from your texting program.

Best practice welcome message example:

Your opt-in calls to action and confirmation messages should include instructions to receive customer care and how to opt out of future messages:

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Reply STOP to opt out; HELP for more information.

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You must reply when someone asks for help with the business, program, or product name and provide further information on how to receive customer care.

Compliant customer care response message example:

Note: SimpleTexting automatically sends a customer care response message like this for you when someone texts “help” to your number (so you don’t need to do this yourself — we got you).

💡 As a best practice, we recommend monitoring your Inbox regularly to reply to inquiries as needed.

You must send a message to confirm opt outs and then send no further messages.

Compliant unsubscribe request response message example:

Note: SimpleTexting automatically sends an opt out confirmation message like this for you when someone texts “stop” to your number (so you don’t need to do this yourself — we got you). That said, we recommend monitoring your Inbox regularly to reply to inquiries as needed. To stay compliant, you must make a reasonable effort to monitor for various wording of unsubscribe requests like “please opt me out” or misspellings like “tsop”.

You don’t need to include “Reply STOP to opt out” in every program message you send. However, you must include opt out instructions at least once per month in one of your texts for promotional and informational messages.

💡 As a best practice, we recommend that you include opt out language in every promotional text you send. This way, you won’t risk “forgetting” to include opt out instructions in a given month.

In the United States, you may text from 8 a.m.-9 p.m.

There are some local exceptions, though. For example, states like Oklahoma and Florida only allow texts between 8 a.m.-8 p.m. in those respective time zones.

💡 As a best practice, we recommend texting between 11 a.m. and 8 p.m. Eastern Time, such that you can ensure you will send within 8 a.m. and 5 p.m. Pacific Time (i.e., this hourly range encompasses the time zones for the continental United States).

Many states have different rules for how many times you may send promotional texts per day, ranging from one every eight hours in Maine to no more than three per day total in Florida.

That said, most consumers (48%) want businesses to text them once every other week. Another 36% of consumers want businesses to text them once per week.

💡 As a best practice, we recommend not overdoing it with your promotional text messages. Err on the side of fewer, more impactful sends following consumer trends: Text promotions once a week or once every other week.

Note: You may reply as many reasonable times as necessary if a contact texts you unsolicited.

Inappropriate content includes sex, hate, alcohol, firearms, tobacco, spam, misleading messages, depictions of violence, profanity, cannabis, and endorsement of illegal drugs (among others).

Including content related to any of these topics in your call to action to join your text list or any of your text messages is one of the highest violations and may result in your business being banned from sending any further messages.

That said, there are a few exceptions to this rule. For example, you may send messages about happy hour specials. In instances like these, you must have an age gate preventing people under the age of 21 from signing up for your texts.

Note: If you plan on sending texts about alcohol or tobacco, check with SimpleTexting’s support team first so we can help ensure that you’re remaining compliant.

Some states like Oklahoma and Florida limit texts to no more than three per 24-hour period.

Other states like Minnesota allow texts from 9 a.m.-9 p.m. And some states like Alabama don’t allow solicitation telecommunication messages on Sundays.

At the end of the day, it is up to you to research and stay up-to-date with your local regulations and abide by them to send compliant text messages from your business.

To help you visualize how you could start texting for your business, I’ll walk you through your first:

• Text-to-subscribe keyword advertisement
• Compliance confirmation message
• Welcome text
• Double opt in text
• Campaign

Compliance in advertising is crucial to protect both the business and its customers. Adhering to regulations ensures that your marketing messages are clear, accurate, and respectful of consumer rights, building trust and a positive brand reputation. Non-compliance can lead to legal consequences, such as fines, lawsuits, and damage to the brand’s credibility. In severe cases, businesses may face restrictions or even be shut down, emphasizing the importance of staying compliant with advertising standards.

Your texting program begins by building a compliant text message contact list.

In this example, we use a text-to-join keyword with a compliance notice to get express written permission:

After someone joins your text list, you’ll send a consent compliance message as soon as reasonably possible.

In the instance of a text-to-join keyword, this compliance message will send automatically after joining the list:

You don’t need to send a welcome message to be SMS compliant. But it is a best practice to remind subscribers of what they’ve subscribed to receive from your business (and feel free to provide instant value like a coupon):

To ensure compliance, use SMS double opt-in, where users first receive a confirmation message requesting their explicit consent before receiving any further communications from your company. This approach guarantees that you are reaching a receptive audience and helps safeguard your business against compliance issues.

Opt-Out Information in Promotional Texts

• This law comes from The FCC’s Telephone Consumer Protection Act (TCPA) or The Cellular Telecommunications Industry Act (CTIA).
  • A best practice is that every message, whether promotional, transactional, or conversational should have the brand name and opt out instructions. Conversation could get awkward with that, but if you really wanna CYA your business, you’d do it.
  • For conversation, you could include your brand name and opt out in the first message then be OK not including those items in subsequent messaging. This is a good best practice whether business or contact initiates the conversation.

Specific Compliance Acts

SMS compliance is primarily governed by the Telephone Consumer Protection Act (TCPA) and the CAN-SPAM Act. The TCPA requires businesses to obtain explicit written consent before sending marketing texts and to provide an easy opt-out option. The CAN-SPAM Act, while focused on email, also applies to SMS by demanding clear identification of promotional messages, a valid physical address, and opt-out mechanism. Adhering to these regulations helps ensure your SMS marketing is both legal and respectful of consumer preferences.

If a legal situation ever occurs, it is your responsibility to prove a contact provided consent before you texted them. Double opt-in further validates express written consent.

Now you’re ready to send promotional SMS campaign texts.

Every outgoing promotional text message must include your brand name in it somewhere. A best practice is to begin your texts with your brand name followed by a colon, then the remainder of your message.

You must include opt out instructions at least once per month in your promotional texts. As a best practice, we recommend including opt out info in all promotional texts.

Opt-In is a process where individuals actively give permissions to receive communications, typically by signing up or subscribing. Opt-Out is a process that allows individuals to withdraw their consent to receive further communications. For text messaging, this usually involves replying with a keyword like “STOP” to unsubscribe from future messages. Providing an easy opt-out message is required through the Telephone Consumer Protection Act (TCPA). Expressing Written Consent is an explicit permission from an individual, given in writing, to receive communications, particularly marketing or promotional messages. For text messaging, written consent is required to send automated or promotional texts, and it must be clear that individuals agree to receive messages from a specific sender. Transactional text messages are sent to facilitate an agreed-upon transaction or provide information related to it. However, promotional messages are used to market products, services, or events. Understanding these terms is crucial for compliance with marketing regulations and for maintaining positive customer relationships.

It is vital to understand the difference between transactional and promotional messages. Transactional messages provide essential information related to a customer’s interaction, such as order confirmations, shipping updates, or appointment reminders, and do not require prior express written consent since they are not promotional in nature. On the other hand, promotional messages are designed to generate sales or engage the audience with marketing content like discounts, offers, or product announcements. Due to their marketing focus, these messages require prior express written consent, ensuring their recipients have explicitly agreed to receive such communications in compliance with regulations like the Telephone Consumer Protection Act (TCPA).

When it comes to messaging compliance, adhering to the CTIA’s SHAFT rules is crucial for maintaining a responsible and lawful communication strategy. SHAFT is an acronym that stands for sex, hate, alcohol, firearms, and tobacco. These rules prohibit sending content that falls under these categories to ensure that text messaging remains a safe and respectful channel for communication

1. Sex: Content that is sexually explicit or pornographic in nature is strictly prohibited. This includes any messages that may contain nudity, sexual acts, or suggestive language. 
2. Hate: Any messaging that promotes hate speech or discrimination against individuals or groups based on attributes such as race, ethnicity, religion, gender, sexual orientation, or disability is not allowed. This rule aims to foster a respectful environment and prevent the spread of harmful ideologies.  
3. Alcohol: While discussing alcohol is not inherently banned, sending messages that promote the sale or consumption of alcohol is prohibited. This includes advertisements or promotions related to alcoholic beverages. 
4. Firearms: Content that promotes the sale or use of firearms is also restricted. This includes any messaging that could be interpreted as encouraging violence or the use of weapons. 
5. Tobacco: Similar to alcohol, messages that promote the sale or use of tobacco products are not allowed. This includes advertisements, promotions, or any content that could encourage tobacco use.

By adhering to the SHAFT rules, businesses can ensure compliance with industry regulations and maintain a positive reputation with their audience. It is essential to review messaging content carefully to avoid any violations that could result in penalties or damage to brand credibility.

For companies that are selling alcohol, an age gate is required to ensure that only individuals of legal drinking age can sign up for promotional texts. This typically involves verifying the customer’s birth date before opting in. Additionally, messages must clearly state they are intended for those of legal age and comply with advertising laws that discourage false health claims and excessive consumption. These steps help promote responsible marketing and regulatory compliance. 

Businesses must not text individuals on the National Do Not call Registry or those who have opted out. Violating this rule can result in hefty fines, so it is essential to regularly update contact lists and respect opt-out requests immediately.

• Businesses should be aware it is illegal to text anyone on the Do Not Call list or subscribers who have opted out.
• Include information for small business owners on how to check if someone is on the Do Not Call List.
• Explain that this is not about texting someone who subscribed to you (such is permissible with consent). This pertains to those that buy lists of numbers.
• Explore what happens if someone signs up for promotional texts then signs up for the Do Not Call List. Is it legal to text them?

Compliance with texting regulations not only protects businesses from legal issues but also leads to higher response rates and better campaign performance. When customers trust that their consent and preferences are respected, they are more likely to engage positively with promotional messages.

• Add compliance notice disclaimers with your calls to action to join your text list.
• Send opt out instructions in at least one promotional text each month.
• Avoid sending too many texts in a 24-hour period, and send your messages mid-day.
• Don’t annoy, be aggressive, or send inappropriate content.
• Listen and act when people want help or to opt out.

⚠️ This advice is for informational purposes only and is neither intended as nor should be substituted for consultation with appropriate legal counsel and/or your organization’s regulatory compliance team.

By Nathan Ellering, published January 22, 2024