Best Practices For SMS Compliance
Compliance with the TCPA is vital to a successful marketing campaign. Our research has outlined the following best practices for SMS compliance to ensure both successful communication and customer relationships.
- 1. Include Disclosures in Every SMS
While initial consent disclosures are essential, it is a good practice to include key disclosures in every marketing message. This can include a brief mention of how to opt-out (e.g., “Reply STOP to unsubscribe”) and a reminder that message rates may apply.
- 2. Use Consent Management Software
Many companies are now investing in consent management software to help track consumer opt-ins and opt-outs more efficiently. These systems allow businesses to easily manage their marketing lists, ensure compliance with TCPA requirements, and keep records of all consents and withdrawals.
- 3. Conduct Regular Audits
TCPA compliance requires continuous monitoring and updating of marketing practices. Regular internal audits can help identify potential risks and ensure that messaging systems are functioning in accordance with the law. This includes checking whether all messages have proper opt-in documentation and that opt-out requests are being processed correctly.
Given the complexity of TCPA regulations and the potential for costly lawsuits, businesses should regularly consult with legal counsel specializing in telecommunication laws. Legal experts can help interpret the latest changes to the TCPA, ensure that consent language is appropriate, and review automated dialing systems for compliance.
Ensuring that marketing teams are well-versed in TCPA regulations is critical. Companies should provide ongoing training to staff on the legal requirements for SMS marketing and the proper processes for obtaining and managing consumer consent. Empowering employees with the right knowledge will reduce the risk of accidental non-compliance.
Recent TCPA Developments
The interpretation and enforcement of the TCPA continues to evolve, especially as courts and lawmakers address modern communication technologies. The Supreme Court’s 2021 decision in Facebook, Inc. v. Duguid redefined what constitutes an ATDS, significantly narrowing its definition. As a result, businesses should stay informed of any regulatory updates or court rulings that may impact their SMS marketing practices.
Conclusion
TCPA compliance is an essential aspect of any SMS marketing strategy. By adhering to the law’s requirements—especially obtaining express written consent, providing a clear opt-out mechanism, and respecting time restrictions—businesses can protect themselves from costly fines while maintaining a positive relationship with their customers. Regular audits, legal consultations, and employee training will further strengthen a company’s compliance, ensuring that SMS marketing efforts remain effective and legally sound. Implementing the best practices outlined in this guide can help companies navigate the complexities of TCPA regulations while reaping the benefits of SMS marketing.