SMS Regulations You Must Know to Send SMS in the USA

Are you trying to enhance your customer experience using SMS? 

Are you doing this in the USA? 

The business SMS experience in the US is complex and may seem overwhelming. 

You may even risk legal action if you send a single SMS to your customer at the wrong time.

We contacted SMS marketing experts in the US and gathered their feedback to write this article.

In this article, you’d understand the SMS regulations in the US. Armed with this information, you will unlock the power of SMS marketing.

Let’s dive in.

See Best Practices For Transactional SMS That Marketing Experts Swear By 

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5 SMS rules you need to comply with in the USA

SMS marketing can be effective, but there are a few rules and regulations.

What are those rules? We’ll tell you. 

The following are five SMS rules and regulations to comply with in the United States. 

Access Our Mini Email Course about SMS Rules in the USA for Free

1. Consent, consent consent

Consent is a crucial part of sending SMS in the US. You must acquire your customer’s consent before legally sending an SMS to them.

How can you get your customer’s consent?

Sit back. Let the industry experts help you understand how to get your customer’s consent. 

Elene Alti, the CMO of Grupo Salinas, says, “Every business that wants to communicate with customers via promotional messages must acquire express written consent.

This is part of the Telephone Consumer Protection Act (TCPA) requirements. 

Here’s where most people might get it wrong. 

You can’t present this written consent in the form of long legal papers. Instead, you should mention your consent clearly. You should also ensure that your customer knows exactly what they are signing up for. 

Failure to stick to these consent guidelines is a possible violation of the TCPA.” 

Elene continues, “Here’s one more thing to note as well. Even text messages that are not promotional and contain information such as delivery status or financial transactions require consent from your customer.

So how can you get consent from your customers in the US?

Here are a few easy ways to get consent from your customers. 

You can: 

• Get your customers to sign-up in person when they visit your physical store. 

• Get your customers’ consent when they sign an online web form with your business. 

• Make your customers respond to ads with a keyword and a toll-free number. 

Also, you should refrain from forcing your customer to join your SMS list. Neither should you deny your customers your products, goods, or services if they refuse to join your SMS list. 

To get your customers willingly and with consent, ensure that you include a clear CTA with your associated opt-in method”. 

2. Use optimised CTA 

Your CTA needs to be structured in a way that complies with the SMS rules and regulations in the US. 

Elene Alti gives a more nuanced view of this, ” A CTA or a call-to-action is a mechanism that prompts your customers toward an action that will benefit your business.” 

Elene continues to add, “ CTAs are crucial in SMS marketing in the US.” 

Here is an example of a compliant CTA.

The CTA should consist of a few components, such as:

• Consent: The federal rules in the US clearly state that you require your customers’ consent to send them marketing messages. So, mention that clearly in your CTA. Furthermore, you must also mention that it’s optional for them to sign-up for your SMS service.
• The purpose: Mention the purpose of an SMS in your CTA. Tell your customers if they are getting tips, discounts, reminders, or anything else. Be purpose-driven with your CTAs.
• Message and data cost: In your message, you always need to inform customers about the cost they would pay if and when they interact with your SMS.
• Terms and conditions: Just beneath your CTA, you should list all your terms and conditions. Alternatively, you can also provide the link to the same. In the list, you should mention the name of your business/brand/program, customer care contact information, the description of your product, and the opt-out instructions. 

Note: You would also need to mention your privacy policy or provide a link beneath the terms and conditions.

3. Import contacts with consent

The consent applies to all your customers, even if you are importing their contacts to send SMS from other platforms like sign-up forms or click-to-text forms.  

Simon Taylor, the Head of Strategy and Content from Sardine, explains, “Written consent isn’t just for your new customers that sign up for your promotional messages.

It applies to ALL your customers. Yes, it even applies to the ones that you import. 

So if you’re manually adding numbers into your SMS marketing software, you still have to ensure that the number is of a subscriber and that you’ve collected their consent. 

So before you import your numbers into software, ensure that every customer and number has a consent attached.”

4. Send a confirmation message

What’s the first message you send your customer? A confirmation SMS.

Simon Taylor asks you a simple question “So now you’ve got customers signing up? What do you send them? 

Well, if you answered as a confirmation message. You are right. 

Confirmation is the first SMS you need to send your new customer and confirm they’re opt-in. 

This message should contain the following: 

• Your business’s name 
• The message frequency of your campaign 
• Terms and conditions (link) with the data and rates may apply message
• Opt-out procedure 

So here’s a simple template you can use directly as a confirmation message for your business. 

Thank you for signing up with *your business name* Only 1msg/week. Msg&data rates may apply. Reply HELP for help, STOP to unsubscribe.”

5. Follow SHAFT rules

SMS content that contains Sex, Hate, Alcohol, Firearms, and Tobacco (SHAFT) is prohibited in the US & Canada. 

But if you are a SHAFT brand, what then? 

There are a few exceptions to sending SHAFT SMS content to your customers.

Kristina Petrosian, an SMS Account Manager at Fortis Communication, shares that “The CTIA (Cellular Telecommunications and Internet Association) holds all the US wireless communications industries and companies accountable to their guidelines. 

According to the CTIA, SMSes that contain content related to SHAFT topics will face a grave violation. It could even lead to a ban and severe legal action. 

Not only your content but even your CTA shouldn’t consist of any of this objectionable content. 

There are, however, some exceptions to the SHAFT rule. 

For example, if you own a club/bar, you can send SMS to your customers about happy hours or special discounts. 

Also, SHAFT brands need to operate on a dedicated toll-free number. These numbers have an age gate and prevent anyone below 21 from signing up. “

These are the five major SMS regulations you need to pay attention to. Compliance with these regulations will help you ensure you send legal SMSes in the USA.

Where do these regulations originate?

What government laws control the use of SMS in the USA?

We answer this question in the next section.

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The major SMS regulatory laws In the US

There are three SMS regulatory laws in the United States governing SMS marketing. 

1. The Telephone Consumer Protection Act (TCPA)
2. Cellular Telecommunications and Internet Association – CTIA
3. CAN-SPAM Act

Each of these laws aims to safeguard consumers from unwanted solicitation. 

Let’s learn about each SMS regulatory law in detail. 

1. Telephone Consumer Protection Act (TCPA)

TCPA is a US federal law that governs the operation of telephone calls. Especially automated calling. 

It applies to telemarketing calls and messages. TCPA allows customers to take a brand or business to court, and the penalties are harsh. 

The fine for not following TCPA is 500$ per violation and can sometimes touch 1500$ per violation. 

As a business owner, ensure that you comply with TCPA and follow up with their latest rules and regulations directly on their website. 

2. Cellular Telecommunications and Internet Association – CTIA

CTIA governs the rules and regulations for the wireless communications industry and the companies in the industry. 

CTIA ensures that SMS marketers, carriers, and others follow fair business practices. Also, CTIA  policies extend beyond the reach of TCPA.

In addition, CTIA is the body that conducts regular audits of the commercial communication of brands to ensure compliance. 

CTIA can shut down short and long code SMSes for violations, even if TCPA thinks it’s not a violation.

To stay CTIA compliant, learn about their rules and regulations on the CTIA official website.

3. CAN-SPAM act

The Controlling and Assault of Non-Solicited Pornography and Marketing Act sets the rules for commercial communication, particularly email.

Though this article is about SMS regulations, we wanted to add this as a bonus.

Each violation of the CAN-SPAM act could lead to penalties of $ 46,517. To stay CAN-SPAM complaints, learn about their rules and regulations on the official website.

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Why should you comply with these SMS regulations?

The answer is simple.

Following these regulations save both you and your customers. 

On the one hand, complying with these regulations saves your customers from receiving unwanted messages. They give consumers more control, predictability, and less intrusion when it comes to SMS messages. 

On the other hand, complying with these regulations puts you on the right side of the law. And, in extension, saves you and your business from the wrath of the law. 

This is because not following these SMS rules could lead to litigations and fines that can negatively impact your business. 

For example, Papa John’s 2012 shelled over $16 million to settle a class action lawsuit against them for improper content usage.

A whopping $ 16 million.

Big brands like Papa John’s can bear this kind of fine. But if you run a small business, this can send you packing.

Easy and essential, be compliance-ready 

The key takeaways from our experts:

• Understand compliance and the regulations in the US. 
• Written consent is everything, and ensure you collect it from your customer.
• Use optimised CTA.
• Always ensure your first SMS to a new customer is a confirmation message.

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US SMS regulations FAQ 

Here are a few frequently asked questions about SMS rules in the USA, with their answers.

Does CANSPAM apply to send Spam SMS messages?

No, it doesn’t. However, TCPA has strict rules about Spam SMS. 

What are TCPA and CTIA best practices? 

Here are a few you can follow to ensure SMS compliance:

• Send your SMS between 8 am-9 pm local time
• Include opt-out text
• Don’t rent or share your contacts 

What bodies and laws regulate SMS marketing? 

The FCC (Federal Communications Commission) primarily regulates the industry. It falls under the Telephone Consumer Protection Act (TCPA)

What to do if customers opt out of my SMS campaign? 

Ensure that you honour it within ten days of receiving an opt-out request via SMS or any other medium, such as email. You’d also have to stop SMSing them.