Business Texting Guidelines

Texting provides a rapid and effective method to engage with your customers instantly. But before taking advantage of this channel, you need to understand the SMS compliance that exists to protect consumers. These regulations safeguard consumers from spam texts and ensure that business texting remains a highly effective way to reach your customers. Navigating these rules can be challenging. These guidelines will help set you up for success.  

Disclaimer: The information provided herein is intended solely for informational purposes and should not be construed as a substitute for professional consultation with appropriate legal counsel and/or an organization’s regulatory compliance team. The content does not constitute legal advice and should not be relied upon as such. Please seek the guidance of legal counsel or a regulatory compliance team for any questions or concerns regarding legal matters or compliance requirements.  

Texting Laws and Rules  

These are the most important text message marketing laws for businesses to know.  

• The FCC’s Telephone Consumer Protection Act (TCPA) aims to protect consumers from unwanted telemarketing calls, texts and faxes. It also includes the Do Not Call Registry.  

• The Telemarketing Sales Rule (TSR) is a regulation enforced by the Federal Trade Commission (FTC) to ensure transparency and fairness in telemarketing practices, safeguarding consumer rights and privacy.   

• The FCC’s Truth in Advertising Laws require that advertisements must be truthful, not misleading, and backed by scientific evidence when appropriate.  

Midco will enforce regulations at the messaging provider level, including managing 10DLC registration, offering basic guidance on texting, and informing of best practices for op-out compliance.   

The Essentials of Business Texting Compliance   

10DLC Registration  

10DLC refers to 10-digit telephone numbers designed to support business texts from a local number. Registration is required by mobile carriers to verify your business and ensure your messages are legitimate and not spam. It also ensures  your messages are delivered consistently and avoids being filtered or blocked by carriers. Midco Business Client Care will assist you with the registration so you can start connecting with your customers.  
  
Opt-In and Opt-Out Compliance and Language  

Customer consent is required before you can send text messages to your customers. There are three types of consent for compliant business texting.   

1. Express written consent is used for promotional messaging for sales or marketing purposes. Express written consent relies on the recipient signing a form, checking a box, or actively confirming they want to receive messages.   

Types of text messages you can send when you have express written consent: 

• Informational messages, like appointment reminders or order confirmations  

• Discounts and upcoming sales  

• Product recommendations  

• Launches for your new services or products  

• Special occasion offers  

• Loyalty or referral program promotions   

Sample text language: Hi Tom, it’s Fit X Factory. Ready for exclusive promos? Reply “YES” to opt in, or “NO” to pass. Msg frequency may vary. Std msg & data rates may apply.  

2. Express consent is getting written or verbal consent from a customer to send informational messages that are related to the service or product they’re purchasing.   

Types of text messages you can send when you have express consent: 

• Conversational and informational  

• You are not allowed to send promotional messages if they’re not directly related to the product or service the customer originally consented to receive.   

Sample text language: Hi Tom! Your appt with us is on Monday at 3:00 PM. Reply “YES” to confirm. Std msg & data rates may apply. Questions? Call 1-800-123-4567.  

3. Implied consent is used for conversational messaging for back-and-forth two-way conversations. Implied consent isn’t granted by the customer but is instead granted by their actions.   

Types of text messages you can send when you have implied consent:  

• Implied consent only lets you send conversational text messages to customers. You cannot start sending promotional messages because the customer hasn’t explicitly consented to receiving them. You will need to get express written consent before you move forward.  

Type of text language: Hi, is your refer-a-friend promotion still running? It sure is! Here’s a Fit X Factory link to claim your special offer: http://tx.st.fxfraf  

The important thing to remember is just because someone has given your business their cell phone number doesn’t mean they have agreed to receive promotional texts from you. Without written proof of their agreement to receive texts, including the required opt-in terms, you risk violating regulations.   

And hang onto those consents, because it is the sender’s duty to prove that they sent a text with the customer’s prior express consent. Avoid violations and potential fines by getting express written consent for any type of business texting. You’re then not as limited to what you can send and can’t send.