Don’t Break the Law: How to Be TCPA and CTIA Compliant for Text Message Marketing
This guide is for informational purposes only. We recommend contacting an attorney to seek additional advice pertaining to the TCPA (Telephone Consumer Protection Act) and SMS — text marketing best practices in general.
At Pony Express HQ, we want people to have a great experience sending and receiving text messages online with businesses and communities.
If you’ve never heard of the TCPA and CTIA, here’s a quick primer for how to follow best practices and guidelines for text message marketing. This post is meant for general information only; for legal advice, please consult a professional.
What is the TCPA, and why should I care?
TCPA stands for the “Telephone Consumer Protection Act” and was passed into law in 1991. The TCPA limits the use of robo-dialing systems, artificial or prerecorded voice messages, SMS text messages, and fax machines.
What happens if I violate the terms of the TCPA?
People may bring suit in local small claims court or the state court for damages up to $500 for each violation. 🚫
What is the CTIA, and why should I care? 👀
The CTIA, or Cellular Telecommunications and Internet Association, represents the U.S. wireless communications industry and the companies throughout the United States' mobile ecosystem, such as carriers and suppliers. The CTIA promotes the industry’s voluntary best practices.
What happens if I don’t follow the CTIA best practices?
While the TCPA is federal law, the CTIA is not. If you are not following CTIA guidelines, wireless carriers may be unhappy and decide their appropriate course of action, such as suspending your account.
What are the best practices for being TCPA and CTIA compliant?
- Get “Prior Express Written Consent”, written permission, to text message your customers. ★ Acquire the customer’s explicit consent to receive informational messages via SMS — text messages.
- Acquire the customer’s express “Prior Express Written Consent” to receive marketing messages via SMS — text message. Written permission may include electronic or digital signature forms (such as a website form, text message, or email).
- Maintain a record of each customer’s written consent.
See this blog post; the top 3 ways how to collect SMS text message opt-ins ✅
- Disclose useful information and opt-out instructions.📝 Offer the ability to revoke consent and opt-out at any time (e.g., “Reply STOP to quit”.)
See also this blog post for; how to opt-out from text campaigns 🚫
- If you are asking people to subscribe to a recurring SMS text message campaign (such as weekly or monthly updates), then clearly explain the regularity of text messaging (i.e., “sign up for weekly updates”).
- Message thoughtfully and carefully. ★
- Message people between the hours of 9:00 am and 9:00 pm, local timezone.
- You must make known your identity, the name of your company! Remind them who you are. Especially with your first text message to anyone. (If this is your first contact or if they didn’t save your number)
- Be specific. The purpose of the text campaign; why you are sending text messages, what your messages are about? Messaging “Text YES to ### subscribe to Pony Express HQ’s weekly update and receive deals” is more likely to increase your opt-in rate than a message like “Text YES to subscribe.”
- The intended message frequency; how many messages they will get per month, per week. (4 msgs/month)
- Disclose that message and data rates may apply.
- Be smart. Do not include content involving illegal behavior or substances, violence, adult content such as nudity, profanity, or hate speech in the text messages.
Can I send a text blast asking for people’s permission to send text messages?
The short answer is, no. You can not!🙅
It’s important to understand compliance before you send a message. Prior express written consent from your contacts is mandatory. Your first text message to new contacts must be a compliance message.
When someone signs up to receive your text marketing messages, please make sure you have explained clearly what they know what they are getting into. You can’t just subscribe to them on the basis of a one time text. Let your customer know exactly what types of messages they will receive (reminders, promotions, discounts, event announcements, RSVPs, last minutes updates, or etc.), estimated text frequency for monthly or weekly, and what they should expect from the campaign.
Remember, — customers give you access to their most personal and private device — their mobile phone number. Use this privilege wisely, respect people’s privacy, and treat others as you wish to be treated.
✅ Learn SMS Text Marketing: The Top 6 Reasons People Opt-in to Branded Text Messages
Are you ready to start experimenting with SMS text message marketing to make your business run better? It is free to sign up and 100 free text message credits from us. 🎉 No contracts, no credit card, and no coding required.
Go forth and text responsibly!
Happy Texting,
The Pony Express HQ Team 💬
See the original Pony Express HQ blog post: How to be TCPA and CTIA Compliant when Text Message Marketing ★
✅ Sign Up For Free Pony Express HQ, Text message marketing
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