Avoiding TCPA Fines: Best Practices for SMS Marketing

The Telephone Consumer Protection Act (TCPA) is a federal law in the United States designed to protect consumers from unwanted telemarketing calls, text messages and faxes. If contact centers do not comply with the rules set out by the TCPA, they are subject to consequences such as hefty fines and lawsuits. 

With SMS communication rising in popularity, contact centers must understand the role TCPA regulations play in successful SMS communication.

Best practices for obtaining consent in SMS marketing

The TCPA requires contact centers to obtain explicit, written consent from their consumers before they can reach out to them on any channel. This consent is typically obtained immediately after acquiring a customer’s phone number. A common method involves sending an initial text requesting a “Y” reply to opt-in to messages. This message should clearly outline the type of messages the customer agrees to receive. 

It must be just as easy for customers to unsubscribe from messages as it was for them to subscribe in the first place, such as replying “N” to the message thread. These requests should be honored promptly, and reminders of the ability to unsubscribe should be clearly included in every communication. 

To avoid TCPA violations, contact centers must avoid deceptive practices like pre-checked opt-in boxes, making consent a purchase condition or using ambiguous consent language. 

Best Practices for maintaining compliance

Maintaining consent gets complicated when customers change phone numbers. Utilizing solutions like TCN’s Reassigned Numbers Database can help contact centers prevent accidental contact with new number holders who have not consented to be contacted. 

Regularly scrubbing contact lists against the Do Not Call list, a national registry that tracks those who do not consent to be contacted, is also vital in keeping your contact center compliant.

In addition to these tasks, meticulous internal record-keeping is vital. Promptly document and process opt-out requests. These records are essential for demonstrating compliance in case of disputes. 

Best practices for the content and frequency of messages in SMS marketing

Under the TCPA, marketing messages are generally permitted if the content is clearly identified as an advertisement or solicitation. Transactional messages, such as order confirmations or appointment reminders, are typically exempt from TCPA consent requirements.

The TCPA doesn’t explicitly state a limit on message frequency, but excessive messaging can irritate consumers and increase the risk of opt-outs. It’s advisable to establish a reasonable sending schedule and avoid sending messages late at night or early in the morning.

While adhering to TCPA guidelines, contact centers should focus on creating valuable and relevant content that resonates with their audience. Personalized messages, exclusive offers and timely information can help maintain engagement and build customer loyalty. 

Avoiding TCPA fines in SMS marketing

By following these guidelines, you can significantly reduce your risk of TCPA violations and build a strong foundation for your SMS marketing campaigns.

Staying compliant is not just about avoiding penalties – it’s about building trust with your customers and protecting your business reputation. TCN is committed to helping your contact center stay effortlessly compliant. Check out TCN’s guide to TCPA compliance to learn more about how you can maintain compliance in your contact center.