SMS Compliance Guide for Businesses and Organizations

What is SMS Compliance for TCPA and CTIA?

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.

A few important facts that businesses and organizations may not be aware of is that in order to send promotional or marketing text messages to a consumer’s mobile phone in the United States, they must adhere to the TCPA federal law and legally obtain explicit written consent prior to sending them to avoid fines.

They must also follow the CTIA’s Best Practices Guidelines for SMS Marketing and Communications to avoid getting their messages blocked by carriers. Lastly, they must register with the FTC to get access to the National Do Not Call Registry to make sure that they are not sending text messages listed on the registry.

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What is TCPA Compliance?

FCC (Federal Communications Commission) established the TCPA (Telephone Consumer Protection Act of 1991), a federal law in the United States created back in 1991 that regulates how brands and organizations can communicate with consumers via text message marketing. This legislation restricts telemarketing communications through various communications channels including SMS text messages.

How does it affect businesses that are sending text messages to consumers?

Before sending out promotional marketing text messages, all businesses and organizations in the United States must legally obtain explicit written consent from the recipients. The standard penalty for violating the TCPA is up to $500 per each unwanted text message or up to $1,500 per violation for knowing or willful violations.

Section (4) and (5) of the Telephone Consumer Protection Act 47 U.S.C. § 227 applies the most to businesses and organizations who are looking to send SMS messages for marketing.

(4) The term “telephone solicitation” means the initiation of a telephone call or message for the purpose of encouraging the purchase or rental of, or investment in, property, goods, or services, which is transmitted to any person, but such term does not include a call or message (A) to any person with that person's prior express invitation or permission, (B) to any person with whom the caller has an established business relationship, or (C) by a tax exempt nonprofit organization.
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(5) The term “unsolicited advertisement” means any material advertising the commercial availability or quality of any property, goods, or services which is transmitted to any person without that person's prior express invitation or permission, in writing or otherwise.

Learn More about the TCPA

What industries are texting with consumers through business SMS text messaging?

With an open rate of over 98% and an average response time of 90 seconds, SMS business text messaging with Texty Pro is one of the most effective and preferred way of communicating with customers and business contacts. Take a look a few industries below that are striving through business SMS text messaging while remaining TCPA compliant.

Save Mart: Reply Y to subscribe to recurring automed marketing text messages from Save Mart.

Save Mart: Welcome to Save Mart Text Alerts! Consent not req'd for purchase. Msg&Data rates may apply. Msg frequency varies. Reply HELP for help or STOP to cancel. Terms: www.web.com/tos

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Legally obtain explicit written consent from text message recipients prior to sending marketing text messages.

How can I sent TCPA compliant business text messages?

TCPA (Telephone Consumer Protection Act of 1991) is a federal law in the United States that regulates how brands and organizations can communicate with consumers via text message marketing.

To be TCPA compliant, businesses and organizations must legally obtain explicit written consent from text message recipients prior to sending text messages. The standard penalty for violating the TCPA is up to $500 per each unwanted text message or up to $1,500 per violation for knowing or willful violations.

Company Name: Let text message recipients know who you are.
Message Frequency: How many messages you plan to send every month.
Value Proposition: Deliver the offer or reward that the recipients are opting in for.
Costs & Fees: Disclose potential SMS and data usage costs and fees.
Opt-out & More Information: Provide an option to opt-out or get more information.

Explain what the text message recipient is giving consent to

Are you sending SMS text message alerts and reminders? Promotional coupons? Order and delivery confirmations? Let your text message subscribers know what you'll be sending so that they know whether to subscribe to it or not.

Cabana Shop: Reply Y to receive automatic recurring promotion txt msgs from Cabana Shop. Up to 4/mo. Msg&Data rates may apply. Reply HELP for help or STOP to cancel.

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What is CTIA?

CTIA (Cellular Telecommunications Industry Association), established in 1984 is a trade organization for the wireless industry that includes members such as AT&T, Sprint, T-Mobile, Verizon, plus more that creates messaging principles & best practices to protect consumers from unwanted messages.
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Brands and organizations must follow CTIA’s messaging principles & best practices guidelines to ensure that their text messages are delivered. CTIA may block your SMS traffic if the principles are not followed. Click here to view CTIA’s latest Messaging Principles and Best Practices updated on July 2019.

Learn More about the CTIA

Style Hunter: Reply Y to receive automatic recurring promotion txt msgs from Style Hunter, max 6/mo. Msg&Data rates may apply. Reply HELP for help or STOP to cancel.

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Disclose the frequency of the text messages you'll be sending

How many text messages will you be sending out? Let your subscribers know if they'll receive 1 text message a month, or if they'll receive multiple recurring text messages. You must include the frequency of text messages the subscriber will receive in given time such a day, week or a month.

Allow the recipient to opt-out by replying “STOP” or similar keywords such as CANCEL or UNSUBSCRIBE

Per TCPA (Telephone Consumer Protection Act) law, businesses and organizations that are sending text messages to consumers must provide a clear way of opting out of receiving the text messages.

Let recipients know that that they can opt-out of receiving your text messages by frequently letting them know about the keywords.
Allow text message recipients to opt-out of receiving your text messages with keywords such as STOP, CANCEL or UNSUBSCRIBE.

Store Beyond: Reply Y to receive automatic recurring promotion txt msgs from Store Beyond, max 4/mo. Msg&Data rates may apply. Reply HELP for help or STOP to cancel.

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What is The National Do Not Call Registry?

The National Do Not Call Registry is a database created and maintained by the United States federal government ((Federal Communications Commission in partnership with the Federal Trade Commission) in 2003 that lists telephone numbers of people who have requested that telemarketers do not contact them. The Do Not Call Registry applies to both phone calls and SMS text messages. A brand or an organization must register with the FTC to get access to the National Do Not Call Registry to make sure that they are not sending marketing text messages to anyone who have opted out.

Learn More about the National Do Not Call Registry

Only send text messages during business hours

Under the TCPA, businesses cannot make calls or send text messages to residential subscribers before the hour of 8AM or after 9PM in the time zone your text message recipient is in.

You must comply with quiet hours. Do not send text messages before 8AM or after 9PM.

Check with the National Do Not Call Registry before sending

Businesses and Organizations (sellers, telemarketers and other service providers) in the United States must honor the National Do Not Call Registry. To gain access to the list, set up a profile and register your business by visiting the National Do Not Call Registry page for telemarketers. Violators may be subject to fines of up to $46,517 per violation. Each call may be considered a separate violation.

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I'm the Director of Programming for a locally owned group of radio stations and we wanted to add texting to our existing request line numbers. During the trial period before subscribing to the full service the team at Texty was on hand, often times within a minute of messaging them to answer any questions I had regarding how the system worked and best practices for things like FCC disclosures.

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I had no clue about this company or the fact that our company used TextyPro. At first mention, our account had been suspended due to a payment issue. Not having a full grasp of the situation, I reached out to support with an SOS. I quickly got a call from David who was very kind and patient with me as he listened to my ranting of the whole matter. David then went over every aspect my problem in detail and offered helpful suggestions which assisted me in resolving the whole issue. Best Customer Service EVER!!!

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The set up was instant. I did get a notification that it could take up to 24-hours to send and receive texts from our existing, web-based phone lines, but it took about 24 seconds. There was an immediate issue, which had me scared, but a representative was live (a half-hour before their normal hours of business) within a minute and kept me on the chat while their team of engineers untangled it, which took about 25 minutes. I was blown away at the live service and how ready their engineers were. So far, very impressed.

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Once we signed up with Texty Pro we were able to send and receive texts our regular landline telephone number. Very handy and easy to use!

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Questions about business text messaging

Frequently asked questions about business text messaging.

Have other questions? Here are 10 frequently asked questions about business text messaging including why you should use your current business landline phone number instead of getting a new one.

Learn how you can save time and build better customer relationships

Start by learning the ins and outs of business text messaging today. When you're ready to get ahead, give the free trial a try.

5 Creative Ways to Use SMS for Law Firms: Enhancing Client Support with Text Messaging

Text messaging can significantly enhance client support for law firms by providing efficient, immediate communication. Key ways to use SMS include sending appointment reminders and court date updates, which ensure clients stay informed and punctual. Texts can also prompt clients to submit necessary documents and provide urgent contact options for legal emergencies, ensuring quick access to legal counsel. Regular updates and check-ins via text strengthen attorney-client relationships, as clients appreciate timely updates on their cases. Using the office number for text communications maintains professionalism and privacy, making SMS a valuable tool for law firms.

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What are the best practices for business text messaging?

Maximize your business communication with effective text messaging practices. Emphasizing professionalism and clarity, these best practices guide you through tone, timing, and content to ensure your messages are well-received. Discover the importance of context, the impact of privacy considerations, and techniques for personalizing your texts. Learn to balance automation with a human touch and integrate texting seamlessly with other communication channels. Whether for customer service, marketing, or internal communication, these guidelines will help you utilize text messaging as a powerful tool for your business.

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Want to learn more about how you'll benefit with business text messaging?

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SMS Compliance Guide for Businesses and Organizations

What is SMS Compliance for TCPA and CTIA?

What is TCPA Compliance?

How does it affect businesses that are sending text messages to consumers?

What industries are texting with consumers through business SMS text messaging?

Automotive

Healthcare

Home Services

Insurance

Veterinary Care

Legal Services

Real Estate

Restaturants

Retail Business

Spas & Salons

Gyms & Fitness

Small Business

CPAs & Accountants

Auto Repair Service

Bicycle Shops

Chiropractors

Churches

Cleaning Services

Dropshippers

Electricians

Hotels

Landscaping

Limo Services

Pharmacies

Pizzerias

Plumbers

Print Shops

Realtors

Recruiters

Takeout Retaurants

Towing Service

Vacation Rentals

How can I sent TCPA compliant business text messages?

Explain what the text message recipient is giving consent to

What is CTIA?

Disclose the frequency of the text messages you'll be sending

Allow the recipient to opt-out by replying “STOP” or similar keywords such as CANCEL or UNSUBSCRIBE

What is The National Do Not Call Registry?

Only send text messages during business hours

Check with the National Do Not Call Registry before sending

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Frequently asked questions about business text messaging.

What is Texty Pro Business Text Messaging Service?

What phone numbers can I use?

How long does it take to sign up?

How can customers contact my business?

Can I message my employees through Texty Pro?

Sending a text message to a group of recipients

Can I receive a phone call and message at the same time?

Can I use my cell phone number?

Is the 14 days free trial really free?

What is the character limit for SMS text messages?

Are incoming SMS text messages free?

Learn how you can save time and build better customer relationships

5 Creative Ways to Use SMS for Law Firms: Enhancing Client Support with Text Messaging

How to Improve Your Text Messages with Apple Intelligence

What are the best practices for business text messaging?

Want to learn more about how you'll benefit with business text messaging?