Text messages are a highly effective way to communicate. In fact, 67% of people would rather text than talk or email.
But many businesses and organizations don’t know how TCPA compliance applies to SMS text messaging. This is especially true for text message marketing campaigns and bulk texting.
So in this article, I cover:
By the end, you’ll know all about consent, opt-in, and TCPA-compliant text messaging.
Read on for more.
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TCPA stands for the Telephone Consumer Protection Act. The TCPA is a set of laws and regulations set forth by the FCC. It was enacted in 1991 to protect consumers’ privacy and reduce abusive telecommunications and spam. The TCPA outlines various telecommunications violations. It also sets rules like requiring opt-in and opt-out language for businesses and organizations that text consumers.
In texting, "opt" means that you’re opting in and giving consent for a business, organization, or brand to text you. Opt-in and opt-out text messages allow people to give or revoke their consent and set text messaging communication preferences. This allows people to subscribe and unsubscribe from text lists using their mobile phones. All they have to do is text opt-in or opt-out keywords like SUBSCRIBE, STOP, and HELP.
Hi >! Thanks for joining our text subscriber list. You can expect a text from us every month with the best deals. Text STOP to opt out at any time or text HELP for help. Messaging and data rates may apply.
Delivered 01/06/23, 07:01 amHi >, sorry to see you go. You’ve opted out of all text messaging from >. You can opt back into text messages from us at any time by texting SUBSCRIBE. You can also text HELP for help.
Delivered 01/06/23, 07:01 amFor businesses and organizations, FCC text message guidelines, CTIA guidelines, and TCPA regulations all apply to texting.
These are the regulating entities you need to know:
Each regulator works to protect the consumer messaging experience. They do this through policies designed to reduce unsolicited advertisements and promotional messages.
FCC, CTIA, and TCPA regulations are all about consent, opt-in, and opt-out. They give people control over messaging preferences, frequency, and more.
What does this mean for businesses and organizations?
It means you can’t send unsolicited text messages to people - especially promotional texts. In most cases, you need to have implied, express, or express written consent to text.
You also need to set the right expectations when someone opts in and consents to receive messages from you. You need to be clear about what someone is opting into and how often they can expect to receive messages.
Generally, you need four things for FCC, CTIA, and TCPA compliance texting:
How do you send TCPA-compliant text messages as a business or organization? For starters, business text messaging isn’t like texting from your personal phone.
Some businesses and organizations allow employees and staff to use their personal mobile phones to text contacts, customers, and clients.
But consumer platforms like iMessage and Messages by Google don’t have built-in TCPA compliance tools. They don’t work when you need to send a promotional message to hundreds or thousands of people.
So here’s what you need to know to send TCPA-compliant text messages.
You have many business texting services to choose from. But consider what opt-in, opt-out, and TCPA compliance features you need before you buy.
Do you want to send promotional text messages to hundreds or thousands of people?
You’ll need business texting software that comes with features like:
Without these tools, you can’t send TCPA-compliant texts at scale. Carriers will flag your messages as spam and your texts won’t get delivered.
Do you need to text a few people one-on-one or in a small group? Then you’ll want a text service with a shared team SMS inbox.
An SMS inbox allows you to organize contacts and subscribers into text lists and manage opt-in compliance individually.
MessageDesk comes with all of the above texting features and more.
Regardless of the business texting service you choose, create a free account first. This gives you a chance to test-drive and understand how their opt-in and consent tools work.
You’re always free to meet with a messaging expert for answers to TCPA compliance questions. They can help you get started.
Next, you’ll need to get a text number that supports TCPA compliance.
Five and six-digit short codes used to be the only way to send TCPA-compliant SMS text blasts.
But you now have a range of SMS phone number options that come with the same compliance mechanisms. These numbers can also support high-volume text messaging.
Your top two phone number options include:
Note: You can also text-enable an existing business landline or another number with number hosting using MessageDesk.
Many business texting services come with consent and text message subscriber management tools. Consent is a big topic and I’ve got a lot more on it below.
But the short story is…
These tools can help you get consent from contacts and set messaging expectations. They also make it clear to people that they’re opting into your messaging terms and conditions.
Once you’ve gotten consent, you can also manage active and inactive subscribers with an SMS subscriber list.
MessageDesk’s subscriber list management features even include smart groups and custom fields.
These features are essential for promotional SMS marketing. They help you manage consent and stay compliant by:
The first message you send to new contacts should be an opt-in message. It should clearly state how to opt in and opt out of future communication.
Many business text messaging services help you send these messages using text message autoresponders.
Autoresponders are a versatile texting feature that can help you stay TCPA compliant. They send an automated text when someone texts STOP or HELP.
MessageDesk supports both STOP and HELP keywords out of the box. There’s no setup required to maintain TCPA compliance.
Some other business text messaging services require you set up your opt-out keywords manually.
Regardless, having the right opt-in procedures limits your liability. It reduces the chance that a contact who’s already opted out receives an unwanted message and reports it as abuse.
Contacts also need to be able to opt out of communications with your business or organization at any time.
The first text message a new contact receives from you should include a call to action (CTA). This should state how to opt-out of communication.
Specifically, opt-in and opt-out CTAs ensure that contacts agree to receive text messages. It also establishes that they understand the terms and conditions associated with your text message policy.
Compliant CTAs always include:
It’s important that your business or organization knows who they can and can’t text. You need a business texting service with a DNC or “do-not-contact” list to keep your records straight.
Many business text messaging services like MessageDesk come with systems to automatically keep track of this.
Documenting and saving opt-in and opt-out records also helps if you’re ever faced with an abuse complaint.
You want to protect yourself from liability and fines. So use a texting platform that automatically keeps track of who has and hasn’t opted into communication with your organization.
