Text Marketing (SMS text marketing) is one of the most effective additions you can add to your marketing strategy. But before getting started with text messaging, it’s important to have a quick review of the US laws and regulations applicable to text marketing, to ensure your text marketing program complies with and operates within the defined parameters of federal and industry regulations.


Disclaimer: This article is not provided as legal advice, nor is it a substitute for legal counsel. Please note that if your business is in Canada, Australia, or the UK, laws and regulations may differ. Perform due diligence to ensure your business is following local laws.

Federal & Industry Regulators


Federal & Industry Regulators
  • Federal Communications Commission (FCC) – Responsible for the regulation of all US media communications, to maintain industry integrity.

  • Federal Trade Commission (FTC) – Oversees enforcement of FCC regulations. This US agency collects reports and acts on complaints of scamming, theft, deception, and violence in media.

  • Telephone Consumer Protection Act (TCPA) – US legislative act codifying and regulating rules for text messaging, unsolicited faxes, pre-recorded calls, auto-dialed calls, and telemarketing.

  • Cellular Telecommunications Industry Association (CTIA) – International, nonprofit trade group representing the wireless industry’s interests.

  • Mobile Marketing Association (MMA) – Nonprofit international trade group representing the interests of mobile marketing companies.

  • Mobile Carriers (Sprint, Verizon, AT&T, T-Mobile, etc.) – Carriers may independently regulate how text marketing is used over their network.

  • Messaging Providers (Vagaro, etc.) – Groups that work to facilitate text marketing between businesses and carriers, adhering to federal and industry regulation.

  • Senders (Your business) – As the business using text marketing, it’s important for you to know and adhere to federal and industry regulations, as well as carrier restrictions.

How Text Marketing Is Regulated


The Telephone Consumer Protection Act (TCPA) regulates how marketers contact people. For many small business owners, navigating the TCPA was initially an obstacle to launching a text marketing program. However, with the advancement of modern smart phones, complying with TCPA protocols has become simpler and more streamlined. Complying with TCPA protocols requires businesses to gain explicit consent from subscribers to send text marketing messages. Because customers aren’t charged per text, the way they were at the beginning of texting, it’s easier to get written consent for marketing texts. Businesses must also provide clear-cut disclaimers, such as the number of estimated texts subscribers will receive.

Examples of text message opt in language include:


  • Message and data rates may apply

  • Text YES to opt-in

  • Reply Y or YES to confirm that you want to receive SMS messages

  • Txt STOP to cancel at any time

  • Msg & data rates may apply. 4msgs/month. Reply HELP for help, STOP to cancel


These simple automated messages, sent out to new subscribers or at the launch of your text marketing program, are critical to staying compliant. They’re so important that text marketing programs like Vagaro automate your opt-in messages the first time you use the service. In fact, Vagaro includes your requisite opt-in messages as a bonus that doesn’t count towards your plan, so you can simply get started and know your business is complying.

The Rules


  • For commercial texts, opt-in consent must be in writing.

  • Confirmation texts must include an estimated number of texts to be sent monthly. (e.g., “4msgs/month.”) Exceeding this number significantly is considered unsolicited.

  • Adhere to appropriate texting times, between 8 a.m. and 9 p.m. (local time of the receiver.)

  • Tempting as it may be, stay away from purchasing subscriber lists, as it’s against the law.

  • Using text to send confidential information, threats of violence, and hate speech violates regulation.

  • Unlicensed copyrighted or trademarked material may not be sent via SMS.

  • Alcohol-related messaging may only be sent to age-verified subscribers.

The Rules, In Plain Language


  • Examples of customers consenting to text marketing in writing include texting back Y, YES, or CONFIRM.

  • In your initial text blast, include an estimate of how many texts you’ll send, e.g., “4msgs/month.”

  • Make sure you’re not scheduling texts to arrive before 8 a.m. or after 9 p.m.

  • Only add subscribers that have come to your business organically—never from a purchased list.

  • Keep messages appropriate and on-message.

  • Don’t send content that isn’t yours through text messages.

  • If your message contains content related to alcohol, you need subscribers to verify age.


Disclaimer: This article is not provided as legal advice, nor is it a substitute for legal counsel. Please note that if your business is in Canada, Australia, or the UK, laws and regulations may differ. Perform due diligence to ensure your business is following local laws.


Vagaro logo Now that you know your responsibilities when it comes to text marketing, let Vagaro help you get started! We take care of your opt-in notifications so you can get started on your first campaign knowing your business is compliant with all laws and regulations.

 

Header Image: Mia Montemayor via Vagaro