Broadcast Text Messaging enables direct marketing to contractors on their mobile phones. With 75% of consumers expressing a preference for receiving promotions via text, industry leaders are leveraging this medium extensively. Whether it’s for sales, promotions, events, general updates, or more, Broadcast Text Messaging is a powerful strategy for driving upsells, re-engaging customers, and capitalizing on every profit opportunity.
However, it's not as straightforward as sending mass texts to everyone in your contact list. The SMS inbox is personal, which is why reaching customers there can be highly effective. Consequently, there are federal guidelines that must be adhered to.
Broadcast Text Messaging - All You Need to Know about SMS Compliance
Like any channel, SMS is regulated and has specific requirements. For example, In many cases, it’s illegal to send text messages to your customers without their consent — and the penalties are not pretty — so it’s crucial to be informed of SMS compliance when building your strategy.
SMS Compliance Requirements at the Bird’s Eye View:
- Have subscribers explicitly opt-in for SMS Marketing through text, and be sure it’s a separate opt-in from email marketing.
- Make it clear what types of messages they’re getting and how they can opt-out.
- Be sure to respect opt-out requests.
- Refrain from sending text messages during federal- and state-specific “quiet hours.”
SMS Compliance - Must-Know TermsCTIA: A mobile industry association (formerly known as the Cellular Telecommunications Industry Association) that publishes a list of requirements for short code programs and audits program operators against these requirements on behalf of mobile carriers.Opt-in: The action of a consumer giving their explicit consent to receive recurring marketing text messages your company Opt-out (or Unsubscribe): The action of a subscriber telling you they no longer want to receive text messages (e.g., by replying with an opt-out keyword like STOP or END). Promotional messages: Text messages sent with the intention to drive sales These can be one-time SMS campaigns or triggered messages, like browse and cart abandonment reminders. SHAFT Regulations: A rule created by the CTIA that prohibits companies from sending content that contains or promotes hate, alcohol, firearms, tobacco, or more. Telephone Consumer Protection Act (TCPA): A federal statute requiring you to obtain written consent from mobile customers before sending them marketing text messages. Web Content Accessibility Guidelines (WCAG): Guidelines that provide standards for how to make web content more accessible for individuals with disabilities. |
In the United States, you need to abide by:
- The Telephone Consumer Protection Act (TCPA): is a federal law that requires you to get permission from subscribers before sending them marketing text messages.
- CTIA Guidelines: a trade association that outlines the US wireless communications industry and provides requirements.
- The Americans With Disabilities Act (ADA): a federal law that sets standards for making public accommodations accessible to people with disabilities.
Telephone Consumer Protection Act (TCPA)
The Telephone Consumer Protection Act (TCPA) is a federal law passed in 1991 that mandates that you receive consent from subscribers.
One key aspect of TCPA is making sure it’s clear to SMS subscribers that by joining your text program, they’re signing up to receive recurring automated marketing text messages. You can't beat around the bush or bury this consent language at the bottom of your sign-up page. It needs to be clearly seen and understood, close to the call to action.
You also need to make it easy for subscribers to opt-out, which you’re required to honor. Your SMS platform needs to recognize text responses like “STOP,” “end,” or “unsubscribe” as opt-out requests.
Pro tip - Enable double opt-in: After a potential subscriber has signed up to receive texts, they should be automatically prompted to send a message (reply “Y”) from that phone number to confirm their opt-in.
CTIA Guidelines
The CTIA is a trade association that represents the US wireless communications industry and provides requirements in its resources: Short Code Monitoring Handbook and Messaging Principles and Best Practices. Alongside the TCPA regulations, the CTIA sets self-regulatory requirements that you need to follow.
The CTIA created rules like the SHAFT Regulations that prohibit companies from sending content that contains or promotes hate, alcohol, firearms, tobacco, and other similar topics.
Key requirements articulated by the CTIA:Clear CTA: You need a clear call to action, and customers must understand exactly what they’re signing up to receive from you (recurring marketing text messages).Terms & Conditions: The opt-in unit should display clearly labeled Terms & Conditions and Privacy Policy links. Describe the Program: After a subscriber joins your SMS program, you need to send them a message that includes the description of the recurring program (For example, “Text alerts from Kevin’s Supply”), the message frequency (if it varies, say so), a disclaimer that message and data rates may apply, and information about how to get help or opt-out. Available Opt-Out: Subscribers need the option to opt-out at any time by responding with “stop,” “end,” “cancel,” “unsubscribe,” or “quit.” Available Help: Subscribers need to be able to get help by responding with “help,” which should automatically return the program name and information about how to get more help. Clear Branding: Outgoing text messages must include your business’s name. SHAFT Regulations: According to SHAFT Regulations set by the CTIA, content can not contain hate speech, certain firearms, and violence cannot be promoted via text message. Regular Reminder of Opt-Out: Programs must display opt-out instructions at regular intervals (at least once per month) in content or service messages. Opt-out information needs to be displayed on the advertisement or within the Terms & Conditions. |
The Americans with Disabilities Act (ADA)
Established in 1990, The Americans With Disabilities Act (ADA) sets standards to ensure that public accommodations are accessible to people with disabilities. This can be tricky when it comes to SMS marketing and the internet in general, so the Web Content Accessibility Guidelines (WCAG) 2.1 lays out a set of recommendations for making online content more accessible.
According to WebAIM, some of the most common accessibility failures include low-contrast text, empty links, and more.
Things to keep in mind when generating content for your Broadcast Text Messages include:
- Is the Content Perceivable: Everyone should be able to see, read, or listen to the content on your website. The visual representation of text and images of most text should have a contrast ratio of at least 4.5:1.
- Is the Content Operable: All users should be able to easily interact with and navigate through your brand’s website or the Broadcast Text Message.
- Is the Content Understandable: Everything on your website or sent via text should be clearly written and easy to understand.
This can be as simple as making sure graphics use a bold font, and that your CTA contrasts in color and is readable from far away. [source - attentive]
That’s a lot to keep in mind, so as you move forward, here are the top takeaways regarding
SMS compliance that you’ll need to understand:Get express written consent before sending Broadcast Text Messages: Consent needs to be clear, easily visible, and unambiguous. Make sure customers know exactly what they’re signing up for. It needs to be clear where they sign up, and that by sharing their phone number, they’re agreeing to receive marketing Broadcast Text Messages from you.Link to your Terms & Conditions and Privacy Policy where they sign up: Make sure these are clearly hyperlinked (i.e., underlined, bold, a different color, etc.) in your disclaimer so they’re bold and accessible. Send opt-in confirmation message after customers join: This should include a description of the program, the message frequency, a disclaimer that message and data rates may apply, information about how to get help and opt-out, and a link to your privacy policy. Include your brand’s name in all outgoing text messages: Your subscribers always need to know who they’re getting marketing messages from. Only send text messages at appropriate times. Don’t send text messages during “quiet hours,” which are 8 p.m. to 12 p.m. EST. Allow customers to opt-out at any time: Be sure that your SMS provider or Broadcast Text Messaging tool supports this and allows customers to opt-out easily. |
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SMS Compliance Checklist: |
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Ensure Your Opt-In Process is Compliant
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Your SMS is opt-in separate from email opt-in.
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Your sign-up CTA meets accessibility guidelines (e.g., a bold, legible offer, a legal disclosure, and an easily readable CTA). |
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The disclosure on your sign-up CTA clearly states that subscribers who join your text program will receive recurring automated promotional and personalized marketing text messages from you.
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The disclosure on your sign-up states that consent is not a condition of any purchase.
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Your sign-up CTA shares that message and data rates may apply.
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Your sign-up unit includes clearly labeled Terms & Conditions and Privacy Policy links (or full URLs written out). |
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Your confirmation message to new subscribers includes the following information: a description of the recurring program, message frequency, a "message and data rates may apply" disclosure, opt-out instructions, support information, and a link to your privacy policy. |
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New subscribers need to confirm they want to receive your text messages with double opt-in (e.g., reply “Y”). |
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Ensure Your Broadcast Text Messages is Compliant |
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Your company name is included in outgoing text messages. |
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Customers can get support at any time by responding with “help”. |
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Customers can opt-out at any time by responding with “stop,” “end,” “cancel,” “unsubscribe,” or “quit”. |
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You regularly remind your subscribers how to opt out of messages |
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You remove subscribers who opt out of your text messages from your SMS list. |
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You only send text messages during reasonable hours (i.e., never during "quiet hours") based on a subscriber's local time zone. |
Prokeep - Partner with a Provider that Empowers You to Meet Compliance Guidelines
Prokeep’s Broadcast Text Messaging Feature is powering distributors to re-engage customers, drive profitability, and meet SMS compliance requirements while doing so. The Broadcast Text Messaging Feature empowers you to:
- Segment Lists: Effectively separate populations of your SMS subscribers by demographics, purchase history, engagement level, and more to ensure you’re serving the right value to the right customer.
- Communicate Quickly & Effectively: With the press of a button, seamlessly send Broadcast Text Messages that meet compliance requirements, such as including your company name and reminding users how to opt-out.
- Monitor Progress: Prokeep offers built-in tracking and analytics capabilities that shed light on delivery status, open rates, link clicks, and other actions.
For Canadian Compliance Please Click Here
Are you looking for a tool that empowers you to meet SMS compliance regulations as you optimize your Broadcast Text Messaging strategy? Let’s get in touch and talk about how Prokeep can help!
