The Telephone Consumer Protection Act of 1991 was originally created to regulate telemarketing practices. It’s constantly being updated to adapt to changes in technology and how business is being conducted. The TCPA now includes amended sections to include SMS marketing communications and is overseen by the FCC (Federal Communications Commission).
The TCPA exists to provide consumers with protection against unwanted, spam, and illegal communication.
The TCPA outlines 5 requirements that businesses or commercial entities should follow to be in compliance:
For creative entrepreneurs, it’s important that wherever you obtain the opt-in, the information above is communicated and displayed clearly. This includes your —website, social media, email, in-store, in-person, etc.
You’ll want to ensure you are doing this 100% at all times BEFORE sending anyone a text.
Your business/brand falls under the Non-Consumer (A2P) Messaging category if you plan on using an SMS application/software like SUBFLOW to send communications to businesses or customers.
There are 3 types of messaging content that require different levels of consent. The 3 types of messages include:
Let’s take a look at MrBeast Burger, a virtual restaurant model that partners with local restaurants, and how they’re in compliance while using SMS. This’ll help illustrate what it means to obtain “EXPRESS WRITTEN CONSENT” online.
The TCPA compliance test:
Looks like MrBeast’s SMS capture form satisfies the TCPA compliance test!
You’ve probably encountered many of these “Express Written Consent” forms across the web or in person by scanning a QR code at a local store.
There’s one more organization with some skin in the game worth mentioning though, and that’s the CTIA.
The Cellular Telecommunications Industry Association (CTIA) represents the U.S. wireless communications industry. It includes companies and entities ranging from mobile app creators, mobile carriers to content creators.
They’ve also compiled their list of best practices in support of TCPA’s requirements.
Here is the link to their Messaging Principles and Best Practices resource
They add that SMS senders should include the following:
If you’re sending a promotional message, make sure that your product description is simple and obvious. You’ll want to include the privacy info link, opt-in fees, or charges in a concise manner.
An important thing to note is that the consumer’s consent to one campaign does not mean they’re eligible for other future campaigns. To maintain the integrity of the relationship between your brand and the consumer, provide the user with relevant SMS messages for what they signed up for and nothing else.
2. Consumer opt-in confirmation message for recurring messages
After a user provides express written consent by filling out the online form, you’ll want to automate a confirmation message. When compared to email marketing, this is equivalent to a double opt-in. You’ll send a message stating they’ve signed up for X product or campaign. To confirm receiving recurring messages you’ll have them reply with a short code like “YES” or a “1”.
3. Frequency of messages
Another element you’ll want to include in your Express Written Consent form is the frequency consumers can expect to hear from you.
If you’re a course creator using SMS to communicate with your students, explaining how often they’ll hear from you could be helpful so interested users know what to expect.
Aside from breaking the law, not being in compliance comes with serious fines. With many text messages being sent at once even one mistake can add up quickly.
Fine Formula:Whatever the fine is X the # of messages sent out = FAT fine. More details on how to avoid fines later.
This information isn’t to discourage users from implementing SMS marketing, but rather to empower businesses and brands to feel confident using this powerful platform.
Feel free to analyze and follow the example from MrBeast above to ensure you’re checking every compliance box.
These forms are prevalent when we’re surfing the web on community pages, product, or service websites. Chances are, you didn’t even read all the fine print when signing up to receive SMS messages from your favorite brand.
Use this checklist to ensure your Express Written Consent form is compliant.
• The online form should be completed by the person giving consent
Here’s another example of a template provided by Business.com Just ensure to add your brand’s personality and pertinent information.
SMS marketing is a highly effective tool you can leverage to connect and communicate with existing and new customers. As creative entrepreneurs, implementing a strategy that provides you with the opportunity to personalize and control your customer or student experience is worthwhile. You’re now equipped with the knowledge to confidently create a compliant SMS campaign.
As you move forward with your SMS marketing campaign, you’ll want to ensure you choose a reliable and compliant platform like SUBFLOW. We offer a user-friendly dashboard where you can monitor and create unlimited paid and free SMS memberships and campaigns. You’re empowered to create and send messages with confidence for your business or brand.
Try SUBFLOW out for yourself FREE for 14 days and see how it impacts your marketing goals.
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