What Are the Text Message Marketing Laws?
Text messaging is one of the most modern and advanced ways to get your message through. With a very high open rate, it seems to have taken over the world by storm. Businesses find it suitable to text messages for marketing. if you are not on board yet, it is time you make the transition. However, let us first discuss the text message marketing laws that people tend to miss out on.
Text message marketing – is it legal?
Text message marketing is legal. However, some laws set boundaries on how you can use this service.
One of the main reasons for setting boundaries is so that the recipient is not bombarded with unwanted messages. These come under spam. Spam is not only annoying, but it gives a major privacy concern. If the privacy of your number is out, then companies may use it for unethical reasons.
To ensure that the text message marketing laws are thoroughly followed, there are plenty of established agencies. Let us talk about the laws in the United States.
Text message privacy laws in the USA
The United States has strict text message marketing laws. These laws are closely regulated on a federal level. Moreover, each state has its own rules as well. Businesses that fail to follow these laws may find heavy penalties on them. They may even face a trial. Additionally, they may go on the blacklist from ever sending messages again.
The following are regulating acts:
- Telephone Consumer Protection Act (TCPA)
The telephone consumer protection act is an extension of the federal communications commission. This act is the leading regulator for telemarketing laws and works on intent. All the business text marketing is under this act.
Under the TCPA, businesses can in no way shape, or form send marketing messages to an individual regardless of the relationship. However, they can use it when the owner of the number gives prior written consent.
The written consent can be in any form – the idea is to have tangible documentation. The receiver can signup to a form, subscribe by sending messages, or any other way. Moreover, the business is bound to be transparent about what the receiver can expect when they signup. These include the frequency of messages, type of messages, and everything else. - CAN-SPAM Act
The CAN-SPAM act is another product of the federal communications commission. This act works along the TCPA to regulate spam.
Under this act, the FCC gets the rights to monitor the messages sent. This helps prevent spam and keep text marketing ethical and legal.
Under this act, businesses cannot send unwanted texts for any reason. However, this does not apply to messages regarding transactions, or notifications.
The CAN-SPAM act makes it mandatory for the receiver to have a way out. This means that whatever the message sent, there should be an option to opt-out of receiving them at any time.
Stakeholders that oversee wireless device laws in the US
Apart from these acts, the monitoring of wireless device laws in the USA is by four stakeholders.
- Federal communication commission
The FCC is an independent government agency. This agency regulates and monitors electronic and media communications by wire, satellite, cable, TV, and radio. - Cellular Telecommunications Industry Association
The CTIA is a group that represents all the wireless communication industry. - Mobile Marketing Association
MMA is an association that helps keep tabs on modern ways of marketing. Moreover, they particularly focus on innovation through mobile devices. - Federal Trade Commission
The Federal Trade Commission regulates complaints and the breach of laws. This agency helps protect consumers if media communications break laws and such.
How does ExpertTexting help in this?
ExpertTexting strongly follows the text message marketing laws. Once you signup to ExpertTexting for marketing, we assure you that you abide by all laws for safe and ethical mass texting.
Talk to us today for assistance and further communication.
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