The Importance of Business Texting Laws: Understanding the Need for Express Written Consent in 2024

The Importance of Adhering to Business Texting Laws in 2023

In the past few years, text messaging has become an integral part of our daily communication. Not just personal communication, but businesses have also started to use texting to communicate with their customers. However, with this increased usage comes the responsibility to adhere to the laws and regulations set by the government. In this blog post, we will delve into the laws governing business texting in 2023 and explore why it is crucial for businesses to adhere to them.

DISCLAIMER: The information provided below is not legal advice and is for general informational purposes only. You must obtain advice from a legal council on SMS Compliance for TCPA and CTIA as you assume all responsibility for all legal matters. It is essential to be aware of the potential consequences of non-compliance with texting laws. Failure to adhere to these regulations may result in financial penalties ranging from $500 to $1,500 per occurrence. It is crucial to take these laws seriously and ensure that your business operates within the legal boundaries to avoid such financial repercussions.

‍

What is Business Texting?

Business texting is the use of text messaging for commercial purposes, such as sales, customer support, and marketing. It is a fast and efficient way for businesses to reach out to their customers and clients. This is due to several reasons, such as the high open and response rates of text messages. Research shows that text messages have an open rate of up to 98%, which is significantly higher than the open rate for emails. In addition, the response rate for text messages is much faster compared to emails or phone calls. On average, it takes people only 90 seconds to respond to a text message, compared to 90 minutes for an email. However, it is important to note that there are certain laws and regulations that businesses must follow when using text messages for commercial purposes.

How to Send Text Messages from a Business Number

To send text messages from a business landline number, you can use a text messaging service that allows you to send and receive texts using your business landline number. One such service is Texty Pro, which allows businesses to send and receive text messages from their existing landline or VoIP phone number. To get started with Texty Pro, you need to sign up for an account and verify your current business phone number you want to text-enable. Once your number is verified, you can start sending and receiving text messages using the Texty Pro dashboard or business texting app. Simply compose your message, choose the recipient, and hit send. The recipient will see your business phone number as the sender. With features like automated greetings, scheduled messages, private notes within text messages, team collaboration chat, and more, Texty Pro is designed to make business communication easy and streamlined.

‍

Business Text Messaging Laws in 2023

The laws and regulations governing landline text messages sent from businesses are constantly evolving. In 2023, businesses need to be aware of the following laws and regulations related to business texting to avoid legal issues, protect consumer privacy, and maintain ethical standards in their communication practices:

‍

1. The Telephone Consumer Protection Act (TCPA)

The Telephone Consumer Protection Act (TCPA) is a federal law that governs the use of automatic telephone dialing systems (ATDS), artificial or prerecorded voice messages, and text messages for telemarketing purposes. The TCPA requires businesses to obtain prior express written consent from consumers before sending them telemarketing messages. The law also requires businesses to provide an opt-out mechanism for consumers who do not want to receive telemarketing messages.

• The Telephone Consumer Protection Act: The Federal Communications Commission (FCC), an independent government agency responsible for overseeing radio, television, and phone activity, has created the Telephone Consumer Protection Act (TCPA) in 1991. The TCPA act subjects all marketing calls, faxes, and text messages to government regulation.

• Express Written Consent: Express written consent in text messaging refers to the explicit agreement given by a consumer to receive text messages from a business. This consent must be given in writing, either physically or electronically, and must include specific information, such as the nature and frequency of the messages, and the consumer's right to opt-out at any time. Businesses are required to obtain express written consent from consumers to send text messages to them, in compliance with laws and regulations such as the Telephone Consumer Protection Act (TCPA) and the General Data Protection Regulation (GDPR). Obtaining express written consent is an important step for businesses to ensure that their texting practices are legal, ethical, and respectful of consumer privacy.
• Opt-out Mechanism: Opt-out mechanisms in text messaging refer to a way for consumers to unsubscribe or stop receiving text messages from a business. This can be done by providing a reply message with a specific keyword, such as "STOP" or "UNSUBSCRIBE," that indicates the consumer's desire to opt-out. Businesses are required to provide opt-out mechanisms in their text messages to comply with the Telephone Consumer Protection Act (TCPA) and other laws and regulations related to business texting.

2. The CAN-SPAM Act

The CAN-SPAM Act is a federal law that governs commercial email messages. Although it does not specifically apply to text messages, it does cover any messages that are sent to an email address. The law requires businesses to provide clear and accurate identification information in their email messages, including the sender's name/business name, email address, and physical address. The law also requires businesses to provide an opt-out mechanism for consumers who do not want to receive commercial email messages.

3. The General Data Protection Regulation (GDPR)

The General Data Protection Regulation (GDPR) is a regulation established by the European Union (EU) to protect the privacy and personal data of EU citizens.

Although it does not specifically apply to text messages, it does cover any personal data of EU citizens that is collected by businesses. The regulation requires businesses to obtain explicit consent from consumers before collecting and processing their personal data. The regulation also gives consumers the right to access and delete their personal data.

4. The California Consumer Privacy Act (CCPA)

The California Consumer Privacy Act (CCPA) is a state law that governs the collection, use, and sale of personal information by businesses. The law applies to businesses that operate in California or collect personal information from California residents. The law requires businesses to provide consumers with a notice of their data collection practices and to obtain explicit consent from consumers before selling their personal information.
‍

5. National Do Not Call Registry

The National Do Not Call Registry is a list maintained by the Federal Trade Commission (FTC) in the United States of phone numbers belonging to people who have opted out of receiving telemarketing calls. Telemarketers are required by law to check the list before making telemarketing calls, and are prohibited from calling any phone number on the list unless they have received prior permission to do so. The National Do Not Call Registry is designed to protect consumers from unwanted telemarketing calls.

‍

‍

How Businesses can Comply with Business Texting Laws

To comply with business texting laws, businesses can follow a few key steps. First, they should obtain express written consent from customers before sending marketing messages. Opt-out mechanisms must also be provided, allowing customers to easily unsubscribe from receiving messages. Additionally, businesses should ensure that their messages are not sent outside of designated hours and that they include the necessary identifying information. Keeping records of all consent and communication can also help businesses stay compliant. By following these guidelines, businesses can maintain legal compliance and ensure that their texting practices align with the regulations governing business texting in 2023. Below are the guidelines that must be followed to comply with business texting laws:

‍

1. Obtain Prior Consent

As per the TCPA, businesses must obtain prior express written consent from consumers before sending them telemarketing messages. This consent should be obtained through a clear and conspicuous disclosure that informs the consumer that they are giving consent to receive marketing messages.

• Violations of these rules can result in significant financial penalties, with statutory damages ranging from $500 to $1,500 per violation (per each text message).

2. Provide Opt-Out Mechanisms

Businesses must provide an opt-out mechanism for consumers who do not want to receive marketing messages. This mechanism should be easy to use and should be clearly communicated to the consumer. If a consumer wishes to stop receiving messages, they should be able to respond with a designated keyword like "STOP" or "UNSUBSCRIBE." This action indicates their desire to opt-out, and it is necessary for the business to remove their phone number from their list either manually or automatically.

3. Identify Yourself or Your Business

Businesses must clearly identify themselves as the sender of the message. This includes providing the business name, contact information, and physical address.

4. Provide Clear and Accurate Information

Businesses must provide clear and accurate information in their messages. This includes the purpose of the message, any fees that may be charged, and any terms and conditions that apply.

5. Keep Records

Businesses should keep records of the consent obtained, opt-out requests received, and messages sent to consumers. This will help in case of any disputes or legal issues.

6. Comply with TCPA and CCPA

If businesses collect personal information from consumers, they must comply with the GDPR and CCPA regulations. This includes obtaining explicit consent from consumers and providing them with the right to access and delete their personal information.

7. Monitor and Update Policies

Businesses should monitor the changing laws and regulations related to business texting and update their policies accordingly. It is important to stay informed and adapt to any new requirements or guidelines to avoid legal issues.

‍

Best Practices for Business Texting

Best Practices for Business Texting are essential for businesses to effectively communicate with their customers while remaining compliant with applicable laws and regulations. One key practice is to keep messages short and to the point. Customers receive many messages daily, so businesses need to ensure that their messages are concise and easy to understand. Another practice is to personalize messages by including the recipient's name, which can help to build a stronger relationship with the customer. It's also essential to use a clear call to action in messages, directing the customer to a specific action such as visiting a website or replying with a specific keyword. Adding value to the message by offering promotions, discounts, or other incentives can also increase engagement and response rates. Finally, businesses need to be mindful of the timing of their messages to avoid sending messages outside of reasonable hours and ensure that customers can opt-out of receiving messages at any time.

‍

1. Keep Messages Short and Sweet

Consumers have limited attention spans, so it is best to keep messages short and to the point. Avoid sending lengthy messages that may overwhelm the consumer.

2. Personalize Messages

Personalization can make consumers feel valued and increase engagement. Businesses can use the consumer's name and previous interactions with the business to personalize their messages.

3. Use Clear Calls to Action

Include clear calls to action in messages, such as "Reply with YES to confirm your appointment." This will make it easy for consumers to take action.

4. Provide Value

Businesses should provide value to consumers through their messages. This can include exclusive deals, important information, or updates on their account.

5. Be Timely

Send messages at appropriate times, such as during business hours or when the consumer is most likely to be available. Avoid sending messages at odd hours or too frequently, which can annoy the consumer.

6. Text Enable Landline

Signing up and text-enabling your landline is easy. Start by visiting Texty Pro, a business text messaging service that allows business owners to send and receive text messages using their existing landline or VoIP phone number.

‍

Closing Thoughts on Business Text Messaging Laws in 2023

Business texting has become an indispensable tool for businesses to communicate with customers, providing a convenient and effective means of interaction. However, it is important to comply with the laws and regulations set by the government to avoid legal issues. Businesses should obtain prior consent, provide opt-out mechanisms, identify themselves as the sender, provide clear and accurate information, keep records, comply with GDPR and CCPA, and monitor and update policies. By following these guidelines and best practices, businesses can use text messages as a powerful tool for customer engagement and satisfaction.