SMS marketing is one of the easiest and most effective ways for businesses to connect with their customers. From small local shops to big companies, many use text messaging to share promotions, updates, and offers to grow their businesses.
But here’s the catch: you can’t just send text messages to anyone. There are important laws and guidelines about who you can message and how you do it. These rules help protect people’s privacy and ensure fair marketing practices.
To help you get started, we’ve outlined some of the most important laws for SMS marketing in the United States, Canada, and Australia. Keep in mind, this is not a complete list, and different locations may have their own rules. Always consult a legal expert before launching a text marketing campaign.
Text Messaging Laws Around the World
United States: Key Rules to Follow
1. Telephone Consumer Protection Act (TCPA)
The TCPA is a U.S. federal law designed to prevent annoying and intrusive calls or texts. If your business uses automated systems to send texts, you need prior express consent from recipients.
Here’s what to remember about the TCPA:
- Get Written Consent: You need written consent before sending marketing or telemarketing texts.
- Respect Time Limits: Don’t send marketing texts before 8 a.m. or after 9 p.m. in the recipient’s local time.
- Avoid the Do Not Call (DNC) List: Don’t text anyone on the DNC list unless you have explicit permission.
- Honor Opt Out Requests: Always let recipients opt out and respect their decision.
- Keep Records: Maintain records of all opt ins and opt outs.
2. CAN SPAM Act
While this law primarily regulates email, it can apply to text messages. The CAN SPAM Act requires:
- Accurate sender details.
- A clear opt out method.
- No misleading information.
- Prior express consent for marketing messages.
3. CTIA Messaging Principles
The CTIA is a U.S. industry group that offers best practices for SMS marketing. Their guidelines include:
- Clear program terms and disclosures.
- Easy opt out options.
- Data protection for recipients.
- Honoring customer preferences.
4. State and Local Laws
Laws vary across states. For instance, Florida has additional TCPA like rules. Privacy laws like California’s CPRA also affect how you collect and use customer data for texting.
Canada: Complying with CASL
Canada’s Anti Spam Legislation (CASL) applies to all commercial electronic messages (CEMs), including texts, emails, and instant messages.
Key points of CASL include:
- Get Consent: Either express (clear permission) or implied (existing relationship).
- Provide Clear Information: Include your business name, contact details, and an easy way to unsubscribe.
- Follow Privacy Laws: Canada’s PIPEDA law regulates how businesses handle personal information.
Provincial laws in British Columbia, Alberta, and Quebec may have additional privacy requirements.
Australia: Staying Within the Spam Act
Australia’s Spam Act regulates electronic messages, including SMS. Here’s what it requires:
- Consent: Express or inferred consent from recipients.
- Sender Details: Include the sender’s contact information.
- Unsubscribe Option: Provide a clear and functional way for recipients to opt out.
- The Australian Communications and Media Authority (ACMA) ensures compliance with these rules.
3 General SMS Marketing Rules to Remember
Regardless of where your business operates, there are a few universal rules to keep in mind:
1. Get Permission Before Sending Texts
Permission is the foundation of responsible SMS marketing. This is often referred to as “opting in.” Here’s how you can collect opt ins:
- At Sign Up: Add a checkbox for SMS consent during the customer registration process.
- Online Forms: Use a widget on your website to collect phone numbers and consent.
- Text to Join Campaigns: Encourage customers to text a keyword (e.g., “JOIN”) to your number.
- In Store Signage: Place signs explaining how to opt in.
- Social Media and Emails: Promote your text marketing program on platforms where your customers are active.
2. Always Respect Opt Out Requests
Giving recipients an easy way to stop receiving texts is essential. Make sure:
- Opt out instructions are clear and simple.
- Opt out requests are processed immediately.
- You avoid messaging anyone who has opted out.
Respecting customer preferences goes beyond opt outs. Consider how often you send messages and avoid overwhelming your audience.
3. Be Transparent About Your SMS Campaigns
Transparency builds trust. When people know what to expect, they are more likely to stay engaged. Always:
- Identify your business clearly.
- Share what your SMS program offers (e.g., “2 texts per week about exclusive deals”).
- Explain how to opt out or get help.
Growing Your Business with SMS Marketing
SMS marketing is a powerful tool, but it comes with responsibilities. By following the laws and respecting your customers, you can build a successful text marketing program that drives growth for your business.
If you’re ready to use SMS marketing, Omniwink can help you simplify the process. Their tools make it easy to collect opt ins, send messages, and manage your campaigns while staying compliant with legal requirements.
Remember, the rules may vary based on where you and your customers are located. Before starting any SMS campaign, take time to understand the laws that apply to your business. Consult a legal professional if you’re unsure about compliance.
By focusing on permission, transparency, and respecting customer preferences, you can create a text marketing strategy that benefits your business and your customers.
