SMS Regulations – United States of America (USA)

SMS (Short Message Service) is a simple but very useful and effective service for business marketing. Despite that, it had become an issue when SMS is being misused by some marketers. In United States, the Federal Communications Commission has come out with rules in order to ensure that marketers are make good use of SMS and the rules fall under The Telephone Consumer Protection Act (TCPA) and CAN-SPAM Act.
The TCPA restricts telephone solicitations (i.e. telemarketing) and the use of automated phone equipment. TCPA limits the use of automatic dialing systems, prerecorded voice messages, SMS text messages and fax machines. Hence, marketers are required to identify themselves, include their contact information, to obtain customers’ consent and so on to comply with the guidelines of TCPA.
The CAN-SPAM Act was established as the response from the increasing of complaints on over spam e-mails. The CAN-SPAM Act establishes requirements for commercial messages and gives recipients right to have you stop emailing them. It covers all commercial messages that contain commercial advertisement or promotion of product & service but transactional messages.

Key Requirements for SMS Marketing:

Here are some key requirements for bulk SMS service user to comply with the SMS regulations when they are going to do SMS marketing campaign especially in the United States.
1. Marketers should set up their SMS campaign properly and to adhere Federal Communications Commission rules.
2. Consumers have the right for not to receive unsolicited marketing messages.
3. The content of SMS marketing messages should not contain any inappropriate words that offend the recipients.
4. Marketers must follow the opt-in and opt-out status their consumers choose to be. For opt-in status, marketers must first obtain consent from consumers, to inform what type of content their consumers will receive and to keep record of consumers’ consents. For opt-out status, marketers must respect their consumers’ will to stop receiving marketing messages and to send a confirmation message to consumers to confirm their opt-out status.