SMS marketing compliance

As of 2025, businesses engaging in SMS marketing must adhere to updated compliance requirements under the Telephone Consumer Protection Act (TCPA) and related regulations. Key changes include:

1. One-to-One Consent Rule (Effective January 27, 2025): Businesses are required to obtain explicit, written consent from consumers before sending SMS messages. Consent must be specific to each individual seller; blanket consents covering multiple sellers are no longer permitted. This ensures consumers are fully aware of who will be contacting them and for what purpose.

2. Simplified Opt-Out Process (Effective April 11, 2025): The Federal Communications Commission (FCC) has mandated that businesses must provide a straightforward and standardized process for consumers to revoke consent. Upon receiving an opt-out request, businesses are required to promptly honor it to prevent further communications to the individual.

3. Campaign Registration with The Campaign Registry (TCR) (Enforced from February 1, 2025): Businesses utilizing SMS for communication must register their campaigns with The Campaign Registry. This involves submitting detailed business information and obtaining a unique campaign code, which verifies the sender and ensures compliance. Unregistered campaigns may face message delivery issues or fines for non-compliance.

Best Practices for Compliance:

• Obtain Explicit Consent: Clearly inform consumers about the nature and frequency of messages they will receive and ensure they provide explicit consent.

• Implement Double Opt-In: After initial consent, send a confirmation message prompting consumers to confirm their subscription, ensuring genuine interest.

• Maintain Accurate Records: Keep detailed records of all consents, including timestamps and the context under which consent was given.

• Provide Easy Opt-Out Options: Include clear instructions in every message on how consumers can opt out, such as replying with “STOP.”

• Stay Informed: Regularly update your knowledge of TCPA regulations and any changes to ensure ongoing compliance.

By adhering to these updated requirements and best practices, businesses can effectively engage in SMS marketing while respecting consumer rights and avoiding potential legal issues