Posted: October 19, 2016
With the rise in use of cellphones, mobile marketing has become a great way to engage with consumers. According to Pew Research, 91% of U.S. adults use cellphones. This statistic gives organizations the power to meet consumers where they are while also increasing response rates. However, with great power comes great responsibility. If your organization is considering a text messaging campaign, it is important to note the different compliance implications between informational and solicitous campaigns.
Informational Text Campaigns:
Informational text campaigns sent using a manual method are not subject to Do Not Call (DNC) and wireless regulations. This means that there is no need to suppress against the DNC lists as long as there is no sales or promotional attempt in the content of the message, or the text message is not part of a program of a solicitation. However, when using automated technology, express consent is required to send an informational text.
Solicitous Text Campaigns:
Text messages that are solicitous in nature are subject to DNC and should be treated as phone calls for compliance purposes. Texts sent using a manual dial method are not required to have consent. However, cellphone numbers must be suppressed against the federal and state DNC lists when an established business relationship or prior express written consent does not exist. Further, some states require express authorization to send a text regardless of whether a relationship exists. In contrast, text messages sent using automated technology fall under the TCPA requirements. Thus, obtaining express written consent from the consumer is necessary (for more information on express written consent requirements, please see this blog post). Additionally, companies must remember to accept and honor Do Not Text and Opt-out requests.
We understand every aspect of text message compliance may be tough to navigate. Please feel free to reach out to us at email@example.com as we are happy to answer any questions you may have. You can also find additional information through our recorded Text Message Compliance webinar located in our Resource Center.
Alex Sharpe is a Consultant at CompliancePoint. She works with clients in a variety of industries and aims to keep them updated on the latest changes in the regulatory environment related to U.S. federal and state consumer contact requirements and direct marketing compliance. Her focus is on helping clients navigate and understand how the regulations affect their business. Alex has earned her Customer Engagement Compliance Professional (CECP) certification from the Professional Association for Customer Engagement (PACE) and has a B.B.A. in Management from the University of Georgia’s Terry College of Business.