SMS Marketing Compliance Guide

At Emotive, we take compliance seriously - and you should, too. Without using proper compliance measures, your campaigns and long-term brand success face significant risks. That’s why we’ve created this comprehensive guide that provides all the information you need to create perfectly compliant SMS/MMS marketing campaigns. This guide will cover:

• What is the TCPA?
• TCPA Compliance Checklist
• The Basics of Compliance
• Language Requirements for Compliance
• Abandoned Cart and Checkout Flow Automations
• SMS Quiet Hours Compliance
• List Upload Compliance Regulations
• Emotive Compliance Guidelines

Emotive will help you brush up on these concepts so you aren’t left guessing - or worse, out of compliance and in jeopardy of sanctions. 

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What is the TCPA?

 The Telephone Consumer Protection Act (TCPA) was passed by United States Congress to regulate how companies can contact customers with SMS and MMS text messaging services. When working with Emotive to send messages to consumers, you agree to and are complying with all relevant TCPA regulations. As such, your team should be familiar and follow TCPA laws for the relevant industry guidelines surrounding your products, including text message marketing CTIA guidelines. The core messaging of TCPA compliance as it relates to SMS is that consumers should retain the right not to receive unsolicited marketing messages via SMS, and must consent to receive automated marketing text messages. If your brand follows these guidelines, it is a great start - but it is also extremely important to understand the other nuances of the TCPA and SMS marketing compliance.

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TCPA Compliance Checklist

Emotive allows you to send consumers text messages so that they can interact with your online storefront. Before we begin an Emotive campaign together, your brand must: Researched and reviewed all applicable laws, regulations, and guidelines related to text message marketing, including the TCPA and applicable CTIA guidelines. Implement a Terms of Service Agreement and a Privacy Policy for my online store’s use of Emotive to send SMS/MMS marketing campaigns. Obtained TCPA-compliant written consent from each consumer, and have gathered an agreement to receive automated marketing messages from your brand.

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The Basics of Compliance

Under TCPA guidelines, you can only send a person automated marketing messages if that consumer provides you with prior expressed written consent. You can gather consent electronically, including using text message opt-in keywords. Under these compliance protocols, consent must contain explicit language for each element listed below, and the consumer must individually acknowledge each:

1. Agree to receive recurring marketing messages on the consumer’s mobile phone number.
2. Agree that text messages may involve the use of an automatic telephone dialing system (“ATDS”).
3. Acknowledge that consent is not a condition of purchase.

Your team should also ensure that they are familiar with the latest version of CTIA’s Short Code Monitoring Handbook and CTIA’s Messaging Principles and Best Practices Guide. Following these practices is paramount for staying up-to-date with compliance laws and ensuring that your messages are being sent properly according to the nation’s wireless carriers.

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Language Requirements For Compliance

Whenever a consumer supplies consent to receive automated marketing messages, you should include TCPA and CTIA-compliant language. This includes, but is not limited to:

• Emails containing opt-in links
• Pop-ups
• Form fills
• Social Media Stories
• QR Codes

Below is TCPA and CTIA-compliant language for these automations:

*I agree to receive recurring automated marketing text messages (e.g. cart reminders) at the phone number provided. Consent is not a condition to purchase. Msg & data rates may apply. Msg frequency varies. Reply HELP for help and STOP to cancel. View our Terms of Service and Privacy Policy.

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Abandoned Cart and Checkout Flow Automations

Abandoned cart sends and all other cart recovery messages, can only be sent to individuals who have opted in to an SMS program compliantly prior to abandoning their cart. Additionally, carriers have been made to enforce policies regarding abandoned shopping carts and abandoned checkout flows to ensure that their end consumers receive a consistent experience.

When using Emotive’s automations related to abandoned cart and abandoned checkouts, make sure to:

• Limit automations to only one message.
• Send the message within 48 hours of a trigger event.

These policies are not created or enforced by Emotive, and they affect every SMS platform. Carriers began blocking non-compliant senders starting in June of 2021.

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SMS Quiet Hours Compliance

 SMS quiet hours are loosely designated times during the day when you should avoid sending text messages to your subscribers such as:

• Early morning hours
• Late night hours
• Hours in which customers might be sleeping

 Messages sent during these hours often lead to higher unsubscribe rates and a greater likelihood of customer complaints and spam reporting - not to mention a higher rate of overall customer dissatisfaction. There are no explicit quiet hours for promotional text messages via federal law, however TCPA and FCC guidance suggests that text messages should not be sent before 8 am and after 9 pm in the recipient’s local time zone.

Some states such as Washington and Florida laws impose stricter requirements that mandate text messages only be sent between the hours of 8 am and 8 pm in the consumer’s local time zone. Additionally, Oklahoma also limits the number of messages a subscriber can receive to 3 messages in a rolling 24-hour period.

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Emotive’s Experience Schedules

Each experience can be given a custom schedule. By default it will go from 9am-5pm Pacific time, although you can adjust it based off your business needs. 

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List Upload Compliance Regulations

If you are new to Emotive, you may be able to upload a list of SMS subscribers you have collected elsewhere. However, these subscribers must have been collected in a TCPA-compliant manner in order for Emotive to allow them for subscription use. You can upload your list by completing this form. Please note that by submitting a list for upload, you certify that you collected subscribers in a TCPA-compliant manner. If you’re not sure, please consult a TCPA defense attorney. SHAFT regulations protect consumers by prohibiting brands from sending content containing sex, hate, alcohol, firearms, or tobacco (CBD—included) to inappropriate audiences.  These regulations are industry-wide and affect every SMS platform, including Emotive. While SHAFT content has been heavily regulated in SMS marketing for years, the CTIA tightened its rules surrounding this content in May 2021. As a result, Emotive can no longer service brands that offer or communicate about sex, hate, firearms, tobacco (CBD included) products. Brands that sell alcohol and adhere to specific CTIA requirements (including age verification both on the website and in the SMS thread) are able to promote their brand via SMS marketing. 

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Emotive Compliance Guidelines

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Avoid Sending Spam + Profanity in Messages

While using Emotive, it is crucial that you adhere to our anti-spam policy, as outlined in our Terms of Service, as well as all relevant laws and regulations where you operate (such as the Telephone Consumer Protection Act (“TCPA”)). Violations of the TCPA can lead to damages of $500-$1,500 per message, while violations of CTIA guidelines can lead to being prevented from using the wireless carrier networks. While not a comprehensive list, here are two critical guidelines to always follow when adding subscribers to your text message marketing program:

1. Clearly display TCPA & CTIA-compliant opt-in language. Clearly display language that states what the subscriber is signing up for and ensure that the language complies with all relevant laws and regulations, such as the TCPA and CTIA. 
2. Do not pre-selected checkboxes on opt-in forms. Avoid prechecking boxes on any subscriber opt-in forms such as your checkout page. This helps ensure customers aren’t automatically subscribed.

Please note that failure to follow the above guidelines violates our terms of use, and can lead to suspension or termination of your Emotive account.