What are the SMS marketing rules regarding consent and the Do Not Call list?
Summary
What email marketers say12Marketer opinions
Email marketer from Reddit says it's vital to maintain a record of consent. If someone claims they didn't consent, you need to be able to prove they did. Also, ensure your opt-out mechanism is working correctly; failing to honor opt-outs is a quick way to get into legal trouble.
Marketer from Email Geeks clarifies that consent overrides the DNC list. If someone provides explicit consent for SMS marketing, it overrides their presence on the DNC list. However, it's crucial to curate and store proof of consent to defend against potential TCPA claims.
Email marketer from Acquire.io highlights that a double opt-in process (where users confirm their subscription via a link or code sent to their phone) can help ensure consent is genuine and can increase the quality of the SMS opt-in list, thereby increasing customer opt-in rates.
Marketer from Email Geeks explains that you must have 100% demonstrable, verifiable consent for SMS marketing and MUST run numbers against the Federal Do Not Call list due to TCPA regulations. Sending marketing SMS to a number on the DNC list can lead to legal trouble.
Email marketer from SlickText answers that while the Do Not Call (DNC) list primarily targets telemarketing calls, it's still essential to maintain proper consent for SMS marketing. Even with consent, businesses should honor opt-out requests promptly to avoid potential legal issues.
Email marketer from SimpleTexting shares that some key aspects of TCPA compliance are: getting express written consent, sending messages only during permitted hours, and always including opt-out instructions.
Marketer from Email Geeks details that sending SMS marketing messages without explicit consent to numbers on the DNC list exposes businesses to direct legal action from individuals, potentially resulting in fines up to $1500 per message.
Email marketer from TextMagic explains that businesses must get explicit consent before sending text messages. This consent can be obtained through methods like web forms, SMS keywords, or paper forms. You must also provide a clear and easy way for people to opt out.
Email marketer from SMS Marketing Forum says the most important thing is permission. Always get consent before sending marketing texts. Make sure they know exactly what they're signing up for, and give them a clear way to unsubscribe.
Email marketer from MessageMedia details that consent should be freely given, specific, informed, and unambiguous. It should also be easy for people to withdraw their consent at any time.
Email marketer from MobileMonkey notes that it's essential to document how and when consent was obtained, including the specific language the consumer agreed to. This documentation can be critical in defending against potential complaints.
Email marketer from Tatango explains that SMS marketing requires express written consent from subscribers before sending any promotional messages. This consent must be clear and unambiguous, and subscribers must be informed of the type of messages they will receive.
What the experts say3Expert opinions
Expert from Word to the Wise notes that the foundation of ethical and legally compliant SMS marketing is consent. You should use compliant opt-in processes, as explicit permission is important to avoid breaking laws and causing user annoyance.
Expert from SpamResource emphasizes the importance of obtaining clear affirmative consent before sending SMS marketing messages. This consent must be freely given, specific, informed, and unambiguous. It also needs to cover the types of messages to be sent.
Expert from SpamResource answers that Sending SMS messages without proper consent can result in significant fines under the TCPA (Telephone Consumer Protection Act). Each violation can lead to penalties ranging from $500 to $1500 per message. There are also reputation implications that can harm your brand.
What the documentation says5Technical articles
Documentation from the CTIA (Cellular Telecommunications Industry Association) includes guidelines for SMS marketing, emphasizing the need for transparency with consumers and adherence to industry best practices for consent and opt-out mechanisms.
Documentation from Federal Communications Commission explains that the TCPA (Telephone Consumer Protection Act) is important here, which protects consumers from unwanted communications. You must have prior express written consent before sending SMS marketing messages.
Documentation from the Canadian Wireless Telecommunications Association covers CASL (Canada's Anti-Spam Legislation) which applies to SMS marketing. You need express consent before sending commercial electronic messages, and you must provide an unsubscribe mechanism.
Documentation from Twilio explains that SMS compliance includes obtaining explicit consent, providing clear opt-out instructions, and adhering to TCPA regulations. Twilio emphasizes the importance of maintaining records of consent and honoring opt-out requests promptly.
Documentation from Federal Trade Commission details that the Telephone Consumer Protection Act (TCPA) requires businesses to obtain prior express written consent before sending SMS marketing messages. Consumers must also be given a clear and easy way to opt-out of receiving future messages.