Obtaining customer consent is only the first step. Even businesses with proper opt-in procedures may encounter issues like messages flagged as spam, difficulty unsubscribing, or delivery failures. Here are five key SMS compliance mistakes and practical tips to avoid them.
1. Assuming a Phone Number Equals Consent
Providing a phone number does not automatically equal permission to send SMS messages. Industry guidelines from sources such as The Campaign Registry (TCR), TCPA, and GDPR clearly state that documented opt-in is required.
- Use active opt-in methods, such as checkboxes or confirmation steps.
- Keep written records of opt-in consent.
- Avoid pre-selecting opt-in boxes and consider double opt-in via SMS confirmation.
2. Auto-Enrolling Customers Without Clear Opt-In
Automatically enrolling customers into SMS lists can lead to compliance issues, spam reports, or customer complaints.
- Provide manual opt-in choices for customers.
- Clearly outline consent and SMS terms.
- Avoid auto-enrollment based on purchases or form submissions.
- For more guidance, refer to Twilio’s A2P 10DLC Compliance Guide.
3. Not Offering an Easy Opt-Out Option
If customers cannot easily unsubscribe, they may mark your messages as spam, causing delivery issues or carrier restrictions.
- Include clear opt-out instructions in every SMS.
- Process opt-out requests immediately.
- Refer to the FCC’s guide on unwanted text messages for further details.
4. Not Providing Key SMS Disclosures
Transparency is crucial for SMS compliance. Businesses must disclose the number of messages and any potential carrier costs clearly.
- State clearly how many messages customers will receive and associated costs.
- Provide direct links to privacy policies and terms of service.
- Place disclaimers visibly near opt-in checkboxes.
- Consider using Termly’s Privacy Policy Generator for creating disclosures.
5. Not Staying Updated on SMS Compliance Standards
SMS regulations frequently change. Ignoring updates can result in blocked messages or delivery issues.
- Regularly review carrier policies (AT&T, Verizon, T-Mobile) and updates from TCR and TCPA.
- Ensure SMS providers like Twilio, Plivo, or Telnyx comply with current standards.
- Perform routine audits of your SMS opt-in processes.
How Imagine Monkey Supports Businesses With SMS Compliance Efforts
Effective SMS messaging requires staying current on best practices and compliance standards. At Imagine Monkey, we offer:
- Website updates aligning with current TCR and industry SMS opt-in guidelines
- Implementation of SMS opt-in forms and disclaimers
- Updates to privacy policies and terms of service
- Website audits identifying potential SMS compliance gaps
- Integration with platforms like WordPress and Gravity Forms
Need Help Reviewing Your SMS Opt-In Process?
If you require assistance ensuring SMS compliance or reviewing your current processes, contact Imagine Monkey today for a complimentary review.
Disclaimer:
While we assist in updating websites for SMS opt-in compliance, full compliance approval depends on your SMS provider, mobile carriers, and TCR requirements. We do not provide legal advice; consult your SMS provider, TCR, or legal counsel for full compliance details.
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