Overview
SMS service is built upon the FCC's regulations. However, compliance with all SMS regulations is on you. This article highlights important regulations and guidelines that pertain to SMS text message compliance, but compliance is ultimately your responsibility.
IN THIS ARTICLE
1) You must obtain explicit consent before sending text messages
2) Delivery frequency and content are vital
3) Compliance with local regulatory agencies
4) Identification, opt-out, and data privacy
Potential fines
Spam blocking
1) You must obtain explicit consent before sending text messages
Clients are generally considered to have given consent because of your business relationship with them, but we still recommend getting explicit consent to comply with changing regulations.
You can do this by:
- Including opt-in language for text messaging in your email communications.
- Obtaining verbal consent during phone calls. For example:
“Here’s the number you can text me at. Thanks for giving me permission to text you. If you ever want to stop, just reply STOP.” - Using Analytics fields (Settings > Analytics) to track text message consent. You can also incorporate this field into your Sales Workflow as trigger criteria.
2) Delivery frequency and content are vital
Send text messages at a reasonable frequency with relevant, useful information.
Only three messages can be sent per week. Over-sending or sharing irrelevant content can lead to opt-outs and reports of spam.
Track your SMS delivery rates and opt-outs/blocks in Reports > SMS Delivery Report.
Filter by Sales Workflow to check and see if any are generating a high level of opt-outs. If you find one, review and make adjustments.
Keep your messages short and concise and clearly state your intentions in the messaging.
The messages must be limited to healthcare information and not contain marketing, advertising, other business-related information, etc. The messages must also be HIPAA compliant and clients given opt-out choice, which must be acted upon promptly. For more information on HIPAA compliant texting and telehealth see HIPAA Compliant Texting.
Avoid "Sales-y" and aggressive language.
Examples of “Sales-y” language include phrases like, “no cost,” “free,” “limited offer,” “gift,” “you've been selected.” Examples of aggressive language include phrases like, “call now,” “urgent,” “click here,” “don't delete,” or using ALL CAPS or emojis.
Learn about Forbidden Message Categories. This article is provided by Twilio.
3) Compliance with local regulatory agencies
Make sure you’re in compliance with the Telephone Consumer Protection Act (TCPA) (US) and your State regulations. Learn more about the evolving regulations at the federal level.
Review the FCC's TCPA on robocalls and telemarketing and CAN-SPAM Act regulations, including the text/calling restrictions as of 12/2023.
4) Identification, opt-out, and data privacy
AMS+ has auto-stamps on your text messages to comply with these regulations. You'll see "Sent by YOUR ACCOUNT NAME. Reply STOP to unsubscribe." on every SMS message other than in a direct reply thread.
AMS+ is HIPPA compliant, so your data is secure.
Potential fines
If you are texting a T-Mobile customer, they are getting very strict about fines. We recommend assuming this is not just a T-Mobile concern, but that you should always be compliant with SMS regulations by the federal government, by states you do business in and per the carrier requirements.
We trust that our customers use texting in a compliant manner and provide our best practice recommendations on how to use texting wisely. However, we are passing this information on to you as AMS+ will pass any associated fines on to the account owner of the offending sender.
"T-Mobile has introduced A2P 10DLC non-compliance fines for messages including prohibited content. If T-Mobile detects any messages that violate the tiers listed below, they will issue a Sev-0 violation (the most severe consumer violation), a non-compliance fine, and Twilio will immediately block the offending messages.
This applies to all commercial messaging non-consumer A2P products (SMS or MMS short code, toll-free, and 10DLC) that traverse the T-Mobile network."
Because you are in charge of your messaging, Radius will pass on these fines to you for every Sev-0 violation. "These fines include, but are not limited to, the following:
-
Tier 1: $2,000: Phishing (including simulated phishing sent for security testing or similar purposes), smishing, and social engineering.
- Social Engineering is a technique used to manipulate someone into sharing private information, like passwords or credit card numbers.
- Tier 2: $1,000: Illegal content (content must be legal federally and in all 50 states).
- Tier 3: $500: All other violations in commercial messaging including but not limited to, SHAFT (sex, hate, alcohol, firearms, and tobacco) that do not follow federal and state law and regulations (e.g. age-gate).
These non-compliance fines apply to violations across any A2P messaging product (SMS/MMS short code, toll-free, and 10DLC).
T-Mobile reserves the right to permanently suspend any brands, campaigns, and your company’s access to the T-Mobile Network in the event violations are deemed to be excessive. If you are subject to these fines, Twilio will send you a Sev-0 violation notice and will subsequently charge the respective fine amount.
For more information, review T-Mobile’s Code of Conduct Section 5: Prohibited Campaign Content." - Twilio
Spam blocking
You can check if your campaign is getting a high number of blocks by going to Reports > Sales, Servicing, & Agency > SMS Delivery.
Run a report on a specific automated workflow (or all) by a date range to see how successful your campaign is. If you have a high percentage of blocks, you may want to look at your campaign and reassess.