SMS Compliance Guidelines: Here’s What You Need to Know

SMS Compliance Guidelines: Here’s What You Need to Know

Welcome. You made it. You’ve seen the light. You’ve finally discovered what so many other sales teams are learning the hard way: email campaigns and cold calling are dead. It’s the dawn of a new era. And – SMS is now king. 

It’s exciting. It’s exhilarating. But it’s also terrifying. You have no idea where to start. And then there’s the issue of SMS compliance. This keeps you up at night. How do you know your SMS won’t get flagged as spam? Or that your SMS campaign won’t land you legal hot water? Or worse yet, won’t damage your reputation? Don’t worry. We got you covered.

Say hello to the Telephone Consumer Protection Act (TCPA). This, along with other state-specific laws, ensures that consumers are protected from unwanted and intrusive communications. It sounds like a lot. But don’t let this put you off.

In this blog post, we take a deep dive into the world of SMS compliance, breaking down all the legalese so you don’t have to give it another thought. Let’s do this.

Quiet Hours for SMS Communications

As its name suggests, there are quiet hours for SMS. What this means is that the TCPA restricts when businesses can send SMS messages:

• Federal Guidelines: The TCPA prohibits sending SMS messages outside of 8 a.m. to 9 p.m. in the recipient’s local time zone. 

• State-Specific Rules: Several states have stricter regulations:

  • Florida, Maryland, Connecticut, and Washington: Text messages can only be sent between 8 a.m. and 8 p.m.

• New Jersey: Text messages are allowed from 8 a.m. to 9 p.m.

•  Oklahoma: Limits SMS messages to the 8 a.m. to 8 p.m.

window. It also restricts the number of messages a recipient can receive to three per 24-hour period.

Best Practice: To ensure full compliance, it is safest to restrict SMS communications between  8 a.m. and 8 p.m. in the recipient’s time zone, regardless of their location.

Requirements for US SMS Cart Abandonment Flows:

When you’re looking to re-engage customers who have left items in their online shopping carts, look no further than cart abandonment flows. These are super effective, but you have to be careful because of the strict rules that regulate them.

• Opt-In Requirements:

  • Double Opt-In: To protect consumers from unwanted messages, a double opt-in process is mandatory. This means that after the initial sign-up, recipients must confirm they want to receive  SMS messages.

• Explicit Consent: Consumers must explicitly agree to receive SMS messages related to cart abandonment. This consent should be documented during the sign-up process.

• Disclosures: Your mobile terms of service and privacy policy must include specific language that discloses the use of SMS for cart abandonment reminders. This disclosure should inform users that by opting in, they will receive reminders and marketing offers via SMS.

• Flow Restrictions:

  • Limited Messaging: Each cart abandonment flow is restricted to sending only one SMS message per recipient to minimize disruption and avoid overwhelming the customer.

• Timing: The SMS must be sent within 48 hours of the triggering event (i.e. when the customer abandons their cart). This ensures that the message is relevant and timely.

• Customer-Driven Transactions: Businesses are prohibited from completing transactions on behalf of the customer via SMS. Payment information cannot be collected through text, and purchases cannot be confirmed through a keyword response. The customer must finalize the purchase on your website.

• Required Disclosures:

  • Terms of Service: If your business uses SMS for cart abandonment reminders, this must be explicitly stated within your mobile program terms of service. 

• Privacy Policy: Your privacy policy must explain how your website captures information to identify when a cart has been abandoned. This may involve using cookies, plugins, or other tracking mechanisms. The policy should communicate how this data is used and the protections to safeguard customer information.

Final Thoughts

SMS sales can be overwhelming at first. But once you nail the basics and understand SMS compliance well, you’ll see that it’s the game-changer you’ve been looking for. Can we help you with your SMS compliance? Reach out, and let’s chat.