What rules do I have to follow in executing a text message program?
The rules governing text messages are fluid and come from many sources. First, it is important to note that the wireless carriers themselves are the ultimate sheriffs on what the requirements are for using their gateways. The wireless carriers can develop individualized rules that everyone must follow and generally publish these rules via “Codes of Conduct.” Furthermore, your text platform provider likely has internal rules that must be followed for a customer to send messages over through its platform. The CTIA, the wireless industry trade association, sets best practices in accordance with the wireless carrier requirements and recommendations. Lastly, various federal and state laws apply to text message communications, often depending on the specific industry involved.
Do I need to get a customer’s consent before I send a text message?
Yes, you should obtain a customer’s consent before sending a text message. The type of consent you need depends on the content of the text message—specifically, whether the message is promotional in nature. If you are replying to a customer-initiated or requested message, consent is implied. If you are sending an account-related message to a customer with an open account, the Telephone Consumer Protection Act (“TCPA”) requires prior express consent. If you are sending a promotional message, the TCPA requires prior express, written consent.
How do I get a customer’s consent before sending messages?
There are many options for obtaining a customer’s consent before sending text messages. You can create calls-to-action requesting that customers join your recurring message program and include them on statements, on your website, or in other non-text communications. You can include a section within your contractual agreement with the customer that would grant you permission to send text messages. Solutions by Text can assist you in developing multiple options to request and obtain customer consent to ensure the best results from your texting program.
Can I send text messages to customers who have replied STOP?
No, you cannot send text messages to customers who have replied STOP and opted-out of your SMS campaigns. One of the many advantages of partnering with Solutions by Text is our Stop Safety NetTM. SBT serves as the system of record for customer opt-ins and opt-outs. If you inadvertently attempt to send a message to a customer who has not opted-in to receive your messages, SBT’s Stop Safety NetTM will catch that message, fail it, and notify you. SBT maintains a master opt-in database of your customers and we will consult with you on how to maintain each customer’s opt-in/opt-out status on your side.