13 Tips to Ensure Text Messaging Compliance
As a communications professional, you know an omnichannel approach is crucial to reaching as many leads and customers as possible, using their preferred channels to optimize the customer experience. However, it’s no secret that text messaging can be complicated and stressful these days, with a merry-go-round of carrier rules and fees that change every other day—and now the Federal Communications Commission (FCC) is jumping into the fray.
It would be nice if we could just sit this one out till the dust settles, but with a 98% SMS/MMS open rate—within just 3 minutes—customers have spoken. Watch now as veteran messaging expert, Commio VP, and April’s Wise Guy Scott Navratil walks through 13 critical tips to keep your text campaigns flowing:
- Getting people to opt-in, then meeting their expectations
- Nailing the message – from SHAFT to tone to URL
- 10DLC brand and campaign registration process (Must we? YES!)
- The value of an internal compliance expert
- It’s not just the text: private policies and T&Cs
Download a summary of the video with our updated compliance checklist (PDF).
Also, we had several unanswered questions at the end of the session, here’s answers from our Wise Guys.
Do you happen to know why TCR does not allow us to change the connectivity partner after a campaign is approved?
We’ve been told that the TCR has considered this in the past. We think that it may be because the campaigns are not vetted directly by TCR, but rather by the approved DCAs (direct connect aggregators) which one might approve, while another might not. The nature of multi-layered CNPs could also cause an internal issue for them as well. In the meantime, it’s necessary to put your campaigns through the approval process again if you change connectivity partners.
Can I use an alphanumeric sender ID? As of now, it is not supported in America. Is there a workaround or plan to support it?
Though numerous countries around the globe support this feature, it is not supported by the US or Canadian mobile carriers at this time. There is no known workaround as the carriers require the use of 10-digit NANPA-compliant phone numbers for sender ID.
Is there a link where I could find examples of mobile terms and conditions? I know you say it’s important to have this on our brand’s websites that we’re registering.
Here are sample mobile terms and conditions for educational and reference purposes only.
SAMPLE MOBILE TERMS AND CONDITIONS. You, give permission for xxxxx to send to your provided cell number periodic texts regarding requests for your services or other important updates from the company. You also state that you are the rightful owner of the cell phone number provided. Text Alerts are enabled by xxxxxx.
There are no premium charges, however, standard carrier Msg&Data rates may apply. Text STOP any time to quit. This product is not compatible with all phone models or carriers. You must be 18 or older or have permission from a parent or guardian to participate. Text HELP for help. T-Mobile is not responsible for undelivered messages. Carriers are not liable for delayed or undelivered messages.
Finally, you agree to update xxxxxx (by replying STOP or calling customer service) prior to abandoning your ownership of the provided cell phone number. Carriers Supported AT&T, Sprint, T-Mobile®, Verizon Wireless, Virgin Mobile USA, U.S. Cellular®, Metro PCS, ACS Wireless, All West Wireless, Bluegrass, Boost USA, Cambridge Telecom, Cellcom, Cellular South, Centennial, Cincinnati Xxxx, Cricket Communications, Cellular One of East Central Illinois, Appalachian Wireless, Xxxxxx’x Mutual Telephone Company, General Communications, Golden State Cellular, PC Management, Inland Cellular, Illinois Valley Cellular, Nex-Tech Wireless, Nucla-Naturita, nTelos, Revol, Silver Star PCS (Gold Star), Snake River PCS, South Central, Syringa, Thumb Cellular, UBET Wireless, Unicel, United Wireless, and West Central Wireless.
Note: Express consent is required for SMS; therefore, sharing data is prohibited. Privacy policies must specify that this data sharing excludes SMS opt-in data and consent. Privacy policies can be updated (or draft versions provided) where the practice of sharing personal data to third parties is expressly omitted from the SMS program.
Any verbiage on the website that refers to sharing data should include this disclaimer for mobile opt-in:
“The above excludes text messaging originator opt-in data and consent; this information will not be shared with any third parties.”
Here’s a list of live mobile T’s & C’s examples:
https://www.signifyhealth.com/sms-terms-conditions
https://www.schwab.com/legal/sms-opt-in
https://www.ifit.com/mobile-terms-and-conditions
https://cleanlogic.com/pages/mobile-terms-of-service
https://legal.hughesnet.com/SMS-TermsandConditions.cfm
https://www.discover.com/privacy-statement/sms-terms-conditions.html
https://www.govexec.com/about/terms-and-conditions/text-messaging/
https://www.girlscouts.org/en/footer/help/SMS-terms-and-conditions.html
Does receiving a “stop” request have to be an automatic removal? And do I need to send an immediate confirmation?
Yes. It needs to be an automatic removal, no further messages should be sent to that subscriber for that campaign. An opt-out confirmation text is allowed under TCPA and is advisable. However, that confirmation cannot include any additional messaging for marketing purposes.
Can 10DLC campaigns have messages written in other languages, like Spanish or French?
There is nothing that prevents submitting campaigns in other languages. As long as the vetting DCA can translate it and confirm everything is in compliance it should be ok. If it cannot be translated and verified it will most likely be rejected. This is subject to change per the DCA.
What are your biggest issues around cloud communications? Register now for next month’s Telecom Wise Guys on May 11 and let us know! Email your questions to us ahead of time, or wait to ask live. (Busy May 11? Register anyway, and we’ll share the recording!)
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