TL;DR

• TCPA text messages are subject to the Telephone Consumer Protection Act (TCPA) and generally require prior express written consent before businesses send marketing SMS messages.
• Non-compliant text message campaigns can trigger statutory damages of $500–$1,500 per violation, class action litigation, and FCC enforcement risk.
• TCPA text message opt-in requirements include clear disclosures, documented consent, and notice that consent is not a condition of purchase.
• TCPA text message opt-out requirements require businesses to provide a simple revocation method, such as replying “STOP,” and honor requests promptly.
• Businesses should maintain auditable consent records, follow Do-Not-Call and time-of-day restrictions, and understand when limited TCPA exemptions apply to informational, healthcare, and emergency messages.

Text message or SMS marketing is a powerful way for businesses to engage with their audience and drive conversions. However, navigating the Telephone Consumer Protection Act (TCPA) is essential for maintaining legal compliance and avoiding hefty fines. This guide will cover everything you need to know about TCPA text messages, including compliance rules, key requirements, and how tools like TrustedForm can simplify the process.

Does TCPA apply to text messages?

Yes, the TCPA applies to text messages. Initially enacted in 1991 to regulate telemarketing calls, the TCPA also governs SMS messages, particularly those sent for marketing purposes. Any business using SMS for marketing must adhere to stringent TCPA requirements, including obtaining prior express written consent from recipients.

Failing to comply can result in severe penalties, ranging from $500 to $1,500 per violation, as well as potential class-action lawsuits. Thus, understanding and following TCPA rules is non-negotiable for businesses engaging in SMS marketing.

What are TCPA text message rules?

TCPA text message compliance refers to the adherence to the specific guidelines for sending SMS communications to consumers. These regulations are designed to protect consumers from receiving unwanted or unsolicited marketing messages while ensuring businesses operate transparently and responsibly.

Compliance requires businesses to follow specific legal protocols, primarily focusing on obtaining explicit consent from consumers and providing clear mechanisms for them to opt out of future communications. TCPA compliance is critical for maintaining consumer trust and avoiding legal risks. By following the rules, businesses can:

• Demonstrate respect for consumer privacy and preferences.
• Avoid significant financial and reputational damage caused by non-compliance lawsuits.
• Build stronger relationships with their audience by fostering transparency and accountability.

Core TCPA requirements for text messages

Navigating the TCPA text message complexities is essential for businesses that use SMS marketing to engage their audience. Compliance not only protects your organization from legal risks and costly penalties but also demonstrates respect for consumer rights and privacy. 

To achieve compliance, businesses must focus on addressing a few core requirements that serve as the foundation for legal and responsible SMS communications. These principles guide how businesses obtain consent, communicate transparently, and manage ongoing interactions with consumers. Here’s what you need to know to meet TCPA consent standards and safeguard your marketing efforts.

1. Clear disclosures

Transparency is critical in TCPA compliance. Before obtaining consent, businesses must provide clear and conspicuous disclosures that inform recipients about:

• Explicitly stating that the recipient agrees to receive automated marketing messages from a specifically stated company.
• The type of messages they will receive (e.g., promotional, transactional, or informational).
• Potential charges, such as message and data rates, may apply.
• A stated option to revoke consent at any time.

2. Obtaining prior express written consent

Before sending any SMS marketing messages, businesses must secure prior express written consent from the consumer.  Be careful if using simple “call to action” messages to get campaign sign-ups, such as signs or ads saying ‘Text “SAVE” to 54321…’.  There have been numerous TCPA lawsuits asserting that just sending a response word as identified in a campaign is not full consent to receive marketing or promotional messages.  Consider this  when looking to present compliant consent language:

• Consent should be presented and collected in a way that is clear and unambiguous, such as through a web form or robust text-to-join program instructions and responses that identify agreement to receive messages.
• Making it clear that consent is not a condition for purchasing goods or services.
• Specifying the phone number and the types of messages the recipient will receive.

3. Providing clear opt-out mechanisms

TCPA regulations mandate that businesses offer recipients an easy and straightforward way to opt out of receiving future messages. Every message must include a simple opt-out option, such as replying with “STOP.” Businesses must process opt-out requests within 10 business days and cannot send promotional messages after receiving an opt-out request. 

This includes:

• Clear instructions on how to stop receiving messages (e.g., replying “STOP” or any other reasonable words that indicate revocation of consent to future messages).
• Processing opt-out requests promptly.
• Avoiding additional promotional messages after an opt-out request has been made. Businesses may send a final confirmation message acknowledging the opt-out, but it must not include any promotional content.

4. Record keeping requirements

Robust record-keeping is an essential component of TCPA compliance. Maintaining detailed and accurate records of consent is your strongest defense in the event of a TCPA complaint or legal dispute. These records not only demonstrate your compliance but also help build trust with your audience by showing your commitment to ethical communication practices.

What businesses must track:

• When and how consent was obtained: Record the exact date and time consent was provided, along with the method used to collect it (e.g., web form, SMS opt-in, or paper form).
• Exact language of the consent agreement: Preserve the specific language presented to the consumer during the consent process to show that it aligns with TCPA requirements. This includes disclosures about the nature of messages, potential charges, and the opt-out process.
• Contact details of the recipient: Maintain accurate records of the recipient’s contact information, including their phone number, to ensure messages are only sent to those who have provided consent.

Using tools like TrustedForm can automate this process by securely documenting and storing proof of consent, minimizing the risk of human error and bolstering compliance.

5. Additional requirements

Comply with time-of-day restrictions

• The TCPA prohibits sending text messages outside of “quiet hours,” defined as before 8 am and after 9 pm in the recipient’s time zone.
• Many states enforce even stricter time-of-day restrictions. Research state-specific rules to avoid unintentional violations.
• For nationwide campaigns, adjust for time zone differences. A text sent at 9 am Eastern Time may still fall within quiet hours for recipients on the West Coast.

Scrub against Do-Not-Call (DNC) lists

• Federal DNC compliance: The National DNC Registry protects consumers from unsolicited communications. Scrub your contact list against this registry regularly to maintain compliance.
• State DNC registries: Some states maintain their own registries, which may include additional restrictions or requirements beyond the federal list. Cross-reference these lists for added compliance.
• Reassigned Number Database (RND):  It is common for consumers to change phone numbers when they get a new phone or service.  Establish a process to scrub phone numbers against the RND service before making any calls or sending text messages to numbers that may have been reassigned to a new owner. The RND is a national database service that contains information about recently changed phone number owners and permanently disconnected phone numbers.  By regularly checking the RND, businesses can determine whether a number has been reassigned since the last time they obtained consent from the consumer

Consult your compliance team

• Expert review: Before launching any text message campaign, involve your legal or compliance team to verify adherence to TCPA requirements.
• Policy updates: Compliance rules can change. Regularly consult with your team to stay updated on the latest regulations and keep your campaigns aligned with both federal and state laws.
• Thorough documentation: Keep detailed records of your compliance processes, including scrubbing practices, time-zone adjustments, and campaign reviews.

By observing these requirements, you’ll not only avoid penalties but also build trust and credibility with your audience. Always prioritize compliance to maintain positive engagement and safeguard your organization.

TCPA text message exemptions

Certain categories of messages qualify for TCPA exemptions, allowing them to be sent with less formal consent — as long as strict requirements are met.

Below are the primary TCPA text message exemptions:

1. Informational texts (non-marketing)

These messages do not promote or advertise anything:

• Appointment reminders
• Delivery notifications
• Account updates
• Password resets
• Transactional notifications
• School or government alerts
  

Required consent: Prior express consent.

2. Emergency purposes (full exemption)

Messages sent for “health or safety emergencies” are fully exempt. Examples:

• Severe weather alerts
• Public safety warnings
• School lockdown notifications
• Medical or COVID-19-related emergencies
  

Required consent: None.

3. Healthcare messages under HIPAA

HIPAA-regulated entities may send certain health-related texts without written consent:

• Appointment confirmations
• Prescription notifications
• Pre-op instructions
• Lab result notifications
  

Required consent: Prior express consent.

4. Purely non-commercial texts

Messages without any commercial intent may fall outside marketing rules:

• Political messages
• Nonprofit or charity outreach
• Surveys
• Advocacy communications
  

Required consent:

• Often treated as informational: Prior express consent
• Some political messages may have additional nuances depending on state rules

Important compliance note

If you believe your message might qualify for a TCPA exemption — or if you’re considering changing message content, workflows, or campaign structure to fit an exemption — seek legal counsel or a TCPA compliance expert.

They can confirm whether:

• The message truly meets the exemption criteria
• Additional language or disclosures are needed
• Your consent collection method is defensible
• Your documentation creates a strong compliance record
  

Exemptions are nuanced, and professional guidance is essential to establish a defensible compliance position.

How to manage TCPA for informational text messages and marketing text messages

Managing TCPA informational text messages and marketing text messages requires a clear understanding of the law’s requirements and consent rules. Here’s a detailed breakdown to help you navigate both types:

1. Understand the difference between informational vs. marketing texts

Informational texts

• These are messages that provide useful information from the product or service that the consumer has acknowledged or agreed to receive.
• Informational text message campaigns should not include any promotional or marketing message content.
• Examples: appointment reminders, shipping updates, account notifications, or service alerts.
• Consent required: Prior express consent (PEC) or invitation (not necessarily written). PEC to receive information text messages is a lower standard of consent. An example is a consumer knowingly providing their number to receive informational texts from a service by filling out a form.
• PEC or invitation could be provided orally by the consumer or by sharing a business card, but this is harder to document and retain evidence of an agreement or consent to receive these messages.

Marketing texts

• These include any message that promotes or advertises a product or service.
• Examples: discount offers, product announcements, and upsell campaigns.
• Consent required: Prior express written consent (PEWC), which is a higher standard of TCPA consent (can be electronic, like a selection action on a checkbox form). 
• Must clearly state the user agrees to receive marketing messages.
• Consent language and webform design presenting a sign-up or opt-in to receive marketing messages require the presentation of specific items in a webform, many of which are detailed below.
• It is recommended to consult with your legal and compliance function early for any marketing campaigns around SMS messages to allow review and approval of the notice or sign-up language, webform design, opt-in language, font size, “agree” button language and location.

2. Obtain and document consent

• For informational: A consumer giving their number in the context of a transaction (e.g., booking an appointment or placing an order) usually qualifies.
• For marketing: You must provide a clear, conspicuous notice disclosure that:
  • They’ll receive marketing texts.
  • Consent is not a condition of purchase.
  • Message frequency, data rates, and privacy terms are clear.
  • You collect a timestamped, documented version of their opt-in.

3. Include required opt-out language

Every message – especially marketing ones – must include a simple way to opt out.
Examples:

• “Reply STOP to unsubscribe”
• “Text STOP to opt out”
  

Even if it’s an informational message, include opt-out language if there’s any chance the recipient might interpret it as promotional.

4. Maintain opt-out and consent logs

• Keep detailed logs of when, how, and from where consent was given.
• Promptly honor opt-outs – systems must suppress opted-out numbers from all future sends. Process opt-outs as soon as possible or within 10 business days, as required by the TCPA.  
• Regularly audit your SMS campaigns and database for compliance.

5. Stay updated & use a reputable messaging provider

• TCPA rules evolve with technology and court rulings.
• Partner with a provider that offers:
  • TCPA-compliant tools
  • Dynamic opt-out handling
  • Consent capture solutions
  • Carrier compliance monitoring (e.g., for “Spam Likely” flags)

TCPA text message consent language examples

Here are several TCPA text message consent language examples, tailored for different scenarios.

These are examples only. Use of this example language by itself in a campaign is not enough to present TCPA compliant consent. Seek review by your legal and compliance functions covering your whole marketing campaign for their advice on the best TCPA consent language to present to the consumer.

Standard marketing consent (online form)

“By checking this box, you agree to receive recurring automated promotional and personalized marketing text messages (e.g., cart reminders) from [Your Company] at the mobile number provided. Consent is not a condition of purchase. Msg & data rates may apply. Msg frequency varies. Reply HELP for help, STOP to cancel. View our Privacy Policy.”

Short version for in-store or one-on-one use

“By signing up, you agree to receive automated marketing texts from [Your Company]. Consent not required for purchase. Msg & data rates may apply. Reply STOP to opt out.”

Double opt-in confirmation message

“You’re almost done! Reply YES to confirm you want to receive marketing texts from [Your Company]. Msg & data rates may apply. Reply STOP to cancel.”

Informational only (e.g., appointment reminders)

“By providing your number, you consent to receive automated service-related messages (e.g., appointment reminders) from [Your Company]. Msg & data rates may apply. Reply STOP to opt out.”

Educational consent for lead forms (long form)

“By submitting this form, I consent to receive autodialed and prerecorded calls, text messages, and emails from [Your Company] and its partners related to my inquiry. Consent is not a condition of any purchase. Msg & data rates may apply. You may unsubscribe at any time.”

If you’re sourcing leads from third parties, you’ll want to capture and store a detailed audit trail of this consent, including IP address, timestamp, and a screenshot of the consent language presented at the time of submission – tools like TrustedForm can help automate that.

How TrustedForm bolsters compliance with TCPA text messages

Managing TCPA compliance can be complex, but TrustedForm offers a streamlined solution. This tool provides independent proof of consent, helping businesses mitigate legal risks and confidently run SMS campaigns.

Key features of TrustedForm:

• Consent documentation and storage: Record and retain consent details, including the time, date, and method of collection.
• Automation: Reduces manual processes by automating the approval or rejection of consent language variations at the time of acquisition.

By integrating TrustedForm into your lead generation and SMS campaigns, you can simplify compliance, reduce risk, and focus on delivering impactful marketing messages. With the TCPA enforcement only increasing–litigation surged by 95% in 2025 alone–guardrails like TrustedForm are essential.

FAQs

1. Is a text message considered TCPA regulations?

Yes. The TCPA applies to text messages, including SMS and MMS messages. Businesses that send marketing texts must comply with TCPA requirements, including obtaining the appropriate consent and providing a clear opt-out method.

2. What are TCPA text message opt-in requirements?

For marketing text messages, businesses generally must obtain prior express written consent (PEWC) before sending messages. Consent disclosures should clearly explain the types of messages consumers will receive, state that consent is not a condition of purchase, and describe how recipients can opt out.

3. What are TCPA text message opt-out requirements?

Businesses must provide a simple way for consumers to stop receiving messages, such as replying STOP. Opt-out requests must be honored promptly, and no additional promotional messages may be sent after consent has been revoked.

Final thoughts

TCPA lawsuits have risen nearly 27% to start 2026 compared to 2025. Staying TCPA-compliant is essential for running effective and ethical SMS marketing campaigns. By following TCPA rules—securing prior express written consent (PEWC), providing clear disclosures, and honoring opt-out requests—you can protect your business from legal risks and build consumer trust.

Investing in compliance today can keep your SMS marketing efforts both effective tomorrow and beyond. Tools like TrustedForm can simplify compliance by providing robust consent management and documentation capabilities. To learn more about how TrustedForm can help you navigate TCPA text message regulations, discover TrustedForm now.

The post TCPA text messages: Rules and regulations guide for 2026 appeared first on ActiveProspect.

Text messaging, including SMS, MMS, RCS, and iMessage, among others, has become a powerful marketing tool for businesses. However, SMS regulations govern how businesses can use text messages for marketing to protect consumers from spam and privacy violations. Companies must comply with the FCC’s requirements, mainly TCPA SMS regulations, and the FTC’s SMS regulations, to avoid legal penalties and remain aligned with ethical marketing practices.

Understanding these regulations is crucial for marketers looking to maintain compliance and build trust with their audience. This guide will cover the key SMS marketing regulations, best practices for compliance, and how tools like TrustedForm can help businesses stay within legal boundaries.

Key SMS marketing regulations

TCPA SMS regulations

The Telephone Consumer Protection Act (TCPA) is the primary law governing SMS marketing in the U.S. Enacted in 1991, the TCPA was designed to curb unsolicited telemarketing calls and texts, better protecting customers from spam and privacy violations. Over the years, the law has been updated to address emerging technologies, including automated messaging systems and robocalls.

The TCPA SMS regulations require businesses to:

• Obtain prior express written consent from consumers before sending marketing text messages. This consent must be clear, conspicuous, and include an acknowledgment that the consumer agrees to receive automated, auto-dialed, or prerecorded marketing messages.
• Provide an opt-out mechanism in marketing message campaigns. This can be a simple instruction, such as “Reply STOP to unsubscribe,” that allows consumers to withdraw their consent easily. Be sure to align with updated revocation requirements taking effect in April 2025.
• Maintain an internal Do Not Call (DNC) list that aligns with both state and federal DNC lists.
• Avoid sending marketing texts outside of appropriate hours (before 8 a.m. or after 9 p.m. in the recipient’s local time) to prevent intrusive and unwanted messaging.
• Be mindful of frequency limitations to avoid overwhelming recipients with excessive marketing messages, which could be perceived as spam.

Violating TCPA regulations can result in hefty fines, with penalties ranging from $500 to $1,500 per violation, depending on whether the violation is deemed negligent or willful. In recent years, class-action lawsuits related to TCPA violations have resulted in multimillion-dollar settlements, making compliance a critical priority for businesses engaging in SMS marketing.

The Federal Communications Commission (FCC) plays a crucial role in overseeing TCPA enforcement and regulating marketing texts. As the primary regulator for SMS marketing, the FCC oversees businesses’ adherence to federal guidelines that protect consumers from unsolicited and unwanted communications.

FCC SMS opt-in regulations have become increasingly stricter over the years, helping protect consumers from unwanted spam or robocalls. Furthermore, FCC SMS regulations prevent using autodialers to send text messages for marketing purposes without first obtaining express written consent.

In addition to the TCPA requirements outlined in the section above, the FCC is always looking to evolve as it monitors and regulates emerging marketing communication technologies. Carrier-level enforcement has also become stricter. After AT&T shut down its email-to-SMS gateway (@txt.att.net) in June 2025, businesses sending compliant marketing texts began shifting to carrier-registered AT&T email-to-text alternatives that support both 10DLC registration and TCPA requirements. However, the FCC is not the only government entity with which your business needs to align.

FTC SMS regulations

Federal Trade Commission (FTC) does not directly regulate SMS marketing but enforces consumer protection laws that apply to text-based communications. The FTC SMS regulations focus on preventing deceptive, misleading, and unfair marketing practices to ensure consumers are not misled or exploited.

Key areas of FTC SMS regulation include:

• Preventing false advertising and misleading promotions. Businesses must maintain that all SMS marketing messages accurately represent their products, services, and offers, avoiding exaggerated claims or hidden fees.
• Protecting consumer data collected through SMS marketing. Businesses must safeguard personal information obtained through SMS interactions and comply with data privacy laws to prevent unauthorized sharing or misuse.
• Cracking down on fraudulent or scam text messages. The FTC aggressively pursues businesses and individuals who engage in fraudulent SMS schemes, including phishing attempts, fake giveaways, and deceptive sales tactics.

While the FCC primarily regulates SMS compliance, the FTC collaborates with the FCC in cases where businesses engage in fraudulent or deceptive SMS marketing. Marketers should ensure their campaigns are transparent, truthful, and compliant with consumer privacy laws to avoid regulatory scrutiny.

Navigating SMS opt-in regulations in 2025

With SMS marketing becoming more common, understanding and following SMS opt-in regulations is key to staying compliant and building trust with your audience. In 2025, businesses are expected to obtain clear, written consent before sending promotional texts, and to provide transparent information about message frequency, purpose, and opt-out options. Using a double opt-in process is encouraged, as it helps confirm that recipients truly want to join your list.

Updates to the FCC’s revocation rules also emphasize the importance of honoring opt-out requests submitted through any reasonable method within 10 business days. Following these guidelines not only supports compliance, but it also helps create a better experience for your customers.

Best practices for SMS compliance

To bolster compliance with SMS regulations, businesses should follow these best practices:

1. Obtain proper consent

• Use a clear and conspicuous opt-in mechanism.
• Document and store proof of consent from consumers who actively agree to receive marketing texts.
• Maintain accessible records of consent for legal protection.

2. Provide an easy opt-out

• Every message should include a simple opt-out option (e.g., “Reply STOP to unsubscribe”).
• Honor opt-out requests promptly.

3. Respect consumer privacy

• Do not sell or share consumer phone numbers without a compliant notice and consent language and full disclosures of data selling or sharing practices in privacy policy language.
• Secure and protect consumer data collected via SMS campaigns.

4. Follow message frequency and timing rules

• Avoid sending too many messages that could be considered spam.
• Send texts only during legally permitted hours.

5. Use TrustedForm for bolstered compliance

TrustedForm is the ultimate compliance solution that helps businesses:

• Document and store proof of consent.
• Maintain compliance with FCC and FTC regulations.
• Mitigate the risk of TCPA lawsuits.

Final thoughts

Staying compliant with SMS marketing regulations is more than just a legal requirement—it’s a fundamental aspect of building customer trust and maintaining a positive brand reputation. Non-compliance can lead to severe financial penalties, reputational damage, and loss of consumer confidence, making it imperative for businesses to follow best practices and remain proactive in monitoring regulatory updates.

By adhering to the FCC’s SMS regulations, mainly the TCPA, and the FTC’s SMS regulations, businesses can create effective, ethical, and legally compliant SMS campaigns that drive engagement and customer loyalty. Leveraging tools like TrustedForm helps bolster proof of consent and compliance verification, providing businesses with the protection they need against legal risks.

Don’t leave compliance to chance—stay informed, implement best practices, and use the right tools to safeguard your SMS marketing strategy.

Stay compliant. Stay trusted. Get TrustedForm today.

DISCLAIMER: This page and all related links are provided for general informational and educational purposes only and are not legal advice. ActiveProspect does not warrant or guarantee this information will provide you with legal protection or compliance. Please consult with your legal counsel for legal and compliance advice. You are responsible for using any ActiveProspect Services in a legally compliant manner pursuant to ActiveProspect’s Terms of Service. Any quotes contained herein belong to the person(s) quoted and do not necessarily represent the views and/or opinions of ActiveProspect.

The post A complete guide to SMS regulations appeared first on ActiveProspect.

In our recent webinar, “Actionable strategies for TCPA-compliant texting and lead gen,” our Director of Professional Services, Michael Peronto, gathered experts Kristen McCormick, Head of Marketing at Hatch, and Bryan Behan, Senior Marketing Consultant at Socius Marketing, to share insights and strategies on complying with the recent changes in the Telephone Consumer Protection Act (TCPA), specifically focusing on the implications of the new one-to-one consent rule on SMS marketing.

ActiveProspect has taken strides to educate lead generation professionals about the importance of following appropriate texting channels that adhere to the new FCC TCPA updates. The potential impact this rule could bring to lead generators and marketers is expected to change the entire industry’s dynamic. So don’t wait, and don’t let it find you unprepared. 

It’s time to take measures to comply with the new regulations, and we’ve gathered some helpful strategies to help you do that!

A little bit of background history of the TCPA

As Bryan says, the Telephone Consumer Protection Act (TCPA) was established in 1991 when Congress enacted the legislation and it was signed into law by President George H.W. Bush. 

This law mandates that businesses must obtain explicit written consent before employing automated dialing systems for telemarketing. Over the past three decades, many companies have learned that non-compliance can lead to penalties, legal actions, and fees. In December 2023, the FCC introduced several critical amendments to these regulations that everyone should be aware of and prepare for, as they will come into effect in January 2025.

One key update is the clarification of “one-to-one consent,” which requires consumers to provide express written consent for calls and texts from each specific business they wish to hear from. This change means that lead aggregators can no longer sell leads to multiple brands unless they have one-to-one consent for all possible brands.

Additionally, the scope of the Do Not Call (DNC) list has been broadened to include cell phones, smartphones, and text messages, which were not commonly used when the law was first passed.

Another significant revision is that AI-generated phone calls will also require written consent, ensuring they are covered under the TCPA. Furthermore, calls and texts must now directly relate to the consent provided. For example, if someone fills out a form through a lead aggregator for home improvement services, they can only be contacted regarding home improvement, not real estate or any other unrelated service.

Lastly, the FCC has tightened regulations around disclosures. The requirement now is that disclosures must be clear and conspicuous, informing consumers that they may receive robocalls and robotexts from the marketer they are engaging with. This adjustment addresses previous ambiguities and enforces stricter compliance.

Things you should consider implementing now

There are several key considerations to keep in mind regarding compliance with the updated FCC rules:

1. It’s crucial to ensure that your lead providers’ forms and disclosures are capturing one-to-one consent correctly. This means the disclosures must clearly specify the organization to which the consumer is giving consent.

2. It’s important that your lead generator or provider is accurately recording and maintaining the consent event within their system. According to the updated FCC rules, both the buyer and the seller of the lead must have a record of the consent, necessitating the use of technologies that facilitate this documentation. Michael also suggests storing proof of consent in your CRM system and downstream data warehouses for reporting purposes.

3. You should begin implementing these changes promptly and discuss with your lead providers their timeline for making these adjustments. The FCC’s ruling does not limit its applicability to leads generated only after the new rules take effect in January 2025. For example, if your legal team interprets that you can contact leads up to 90 days from submission, you would need your lead providers to implement the consent changes 90 days earlier. Therefore, initiating these discussions with your providers soon is advisable.

Gather and store documentation of consent with TrustedForm

ActiveProspect offers an easy and reliable solution to help both lead buyers and sellers gather and store proof of consent: TrustedForm, the ultimate compliance solution for documenting TCPA consent on digital lead capture forms.

You can start using TrustedForm Certify to create records of consent. This allows you to view a session replay that clearly shows the exact time and location where prior express written consent was obtained during a lead capture event.

After the certificate is generated, use TrustedForm Retain to make the certificate available for five years. This allows you to easily retrieve proof of consent in case you need it to address any TCPA-related legal challenges.

Begin certifying leads with TrustedForm right away! It’s simple. Just follow these steps:

1. Register for a free ActiveProspect account.
2. Copy the TrustedForm web SDK JavaScript snippet.
3. Insert it into your web forms.

How the one-to-one consent rule is going to impact the industry

Bryan expects that the cost of leads from lead aggregators will likely increase as these aggregators adjust to new operational methods and attempt to compensate for lost revenue. 

However, this could also lead to improved lead quality. With the new system, individuals filling out lead forms will specify particular brands they are interested in, creating an expectation that those selected brands will be the ones to make contact. This marks a shift from the current system where the identity of the caller is often unknown to the person filling out the form, potentially enhancing the quality of leads.

Bryan also foresees a potential advantage for larger companies that have well-established brands, more resources, and larger budgets. These companies typically have professional websites, invest in SEO to enhance organic search results, and run their own paid media campaigns, either in-house or through agencies. This comprehensive approach to lead generation, combined with their brand recognition, positions them favorably as people will likely choose familiar brands from a list provided by lead aggregators.

This scenario places smaller and medium-sized companies at a disadvantage, emphasizing the importance for these businesses to focus on building and strengthening their brand presence. 

Lastly, Bryan anticipates a disruption in sales for companies heavily reliant on purchasing bulk lead lists or those excessively dependent on lead aggregators, as the new regulations will transform how leads are generated and distributed.

To this regard, Michael highlights one more change he expects to see. Under the previous system, when a consumer filled out a form and submitted it, the disclosures would mention potentially hundreds of companies to which their information could be sold. This often resulted in the consumer receiving numerous phone calls and text messages, leading to frustration. In some cases, this annoyance drove consumers to leave negative reviews online for the first company they could identify, blaming them for the barrage of communications.

Michael believes that such negative reviews will decrease under the new FCC regulations. He also thinks that the work environment will improve for employees who make calls based on shared leads, as they will be contacting consumers who are expecting their call, potentially leading to more productive and positive conversations.

How the new compliance changes are affecting SMS marketing

As Kristen explains, the TCPA has been in place since 1991, but it’s only recently been clarified that it applies to text messaging, which had been largely unregulated for a long time. Consequently, there’s been a push for corrective measures.

A few months ago, a new 10 digit long code (10DLC) registration process was introduced. Now, if you want to use a texting platform to reach your customers, you must register. This registration process helps establish evidence and reporting of an ongoing TCPA compliance chain by participants. Currently, texting providers are working with mobile carriers to secure reviews and approval for their clients. These carriers are not only vetting their websites to ensure they meet compliance standards but are also continuously checking to ensure ongoing compliance.

TCPA texting compliance requirements

As Kristen explains, whenever you decide to utilize a texting platform, you must register for 10DLC, which we mentioned above. During the registration process, certain elements on your website can be scrutinized, so consider:

• Should you have a dedicated SMS terms and conditions page?
• Should you include an SMS-specific section in your privacy policy?
• Are you using appropriate consent language on your web forms related to SMS?
• Are you outlining internal rules you follow for your messaging campaigns, such as purpose and frequency?

Kristen then discusses the consent language and the SMS-specific requirements.

As you can see from the slide shared by Kristen, the wording on your form may not be visually appealing, but it’s now a mandatory standard that everyone must adopt. Here’s a breakdown of what needs to be included:

1. Clear opt-in messaging or checkbox: If your form has a submit button, it should be accompanied by clear language such as “by clicking submit, you are authorizing [specific company name]” or “by checking this box,” making it clear and conspicuous.
2. Explicit mention of SMS and your company name: The form should specify not just that “this company can contact you,” but explicitly state “via text message,” using the actual company name instead of “we.”
3. Purpose of the campaign: Clearly state the reason for contact, for example, “ABC company will reach out via call, email, or text with information about your project needs.”
4. Message frequency: Indicate how often messages will be sent.
5. Standard messaging: Include the phrases “message and data rates apply” and “consent is not a condition of purchase.”
6. Links to SMS-specific policies: Provide links to your privacy policy with SMS section, or any specific SMS terms and conditions pages. You may have a general privacy policy with a section dedicated to SMS, or a separate SMS-specific page, as long as there is a section clearly focused on SMS.
7. Optional privacy statements: You can optionally include statements like “we will not sell your data” and provide information on how users can opt out at any time.

These elements are crucial, as Kristen points out, considering that actual individuals, not algorithms, are reviewing these details to vet businesses, making every detail significant.

First text requirements

When you’re initiating an SMS marketing campaign, there are two primary requirements:

1. The initial text message of any campaign must include your company name. This is mandatory whether it’s an automated response to a lead form submission, such as “hey, thanks for reaching out,” or any subsequent messages in a follow-up campaign. Each new campaign must restate the company name.

2. The message must provide instructions for opting out. The directive “Reply STOP to stop text communication” should be included, and the word “STOP” must be in all caps. While there are several variations like unsubscribe, cancel, quit, and end, “STOP” is universally effective. For instance, if you instruct customers to reply “END” and they respond with “STOP,” the opt-out request will still be processed. It’s crucial to use all caps for these instructions.

Kristen advises paying close attention to the wording used, recommending the straightforward instruction “reply STOP to unsubscribe.”

Tips and tricks for sending text messages

We’ve discussed the essential requirements, but it’s important to understand that the rules aren’t entirely black and white; there’s no exact science to it. Kristen has observed some common reasons why messages get blocked and offers tips to improve message deliverability:

1. Aim to keep your texts conversational rather than sales-oriented. People are sensitive to overly promotional content, so a more natural tone is preferable. Additionally, while it’s tempting to provide all the details to build trust, remember that one of the appeals of texting is its brevity and simplicity. Kristen suggests focusing on eliciting a response rather than making a sale. Even a reply like “I can’t talk right now” counts as engagement and can lead to further conversation.

2. Keep messages brief. Although the character limit might be as high as 320, Kristen recommends aiming for no more than 150 characters to keep the message digestible. Also, avoid including different phone numbers in your texts. Messages that prompt recipients to respond to a different number than the one they were contacted from are likely to be filtered out.

3. Be cautious with your language; any attempt to circumvent filters, like misspelling “stop,” can backfire. Carriers are adept at identifying such tactics, and it’s important to respect users’ desires to unsubscribe.

4. Be mindful of your messaging metrics, such as message volume, opt-out rates, and delivery rates. Using the right texting platform can provide insights into whether your messages are being delivered. Some platforms set limits on how many texts can be sent per day to ensure delivery, which actually supports more personalized and effective messaging. According to Kristen, it’s crucial to choose a platform that allows you to segment and tailor your messages for smaller, more targeted campaigns.

Final thoughts

In our webinar “Actionable strategies for TCPA-compliant texting and lead gen,” we discussed the recent changes to the TCPA by the FCC and its implications on text marketing strategies. 

Our expert panelists emphasized the need for businesses to ensure they are TCPA compliant when using a texting platform. This includes making sure that the disclosures on the lead forms capture one-to-one consent and that they are clear and conspicuous.

Moreover, they offered several strategies for businesses to adapt to the changes in TCPA regulations. These include investing in the business’s brand, running advertising campaigns, and focusing on organic channels to generate leads. They also advised businesses to be mindful of their SMS messaging, keeping it short and personalized, and being aware of their message volume and opt-out rate.

As always, ActiveProspect is here to help you navigate the intricacies of the new TCPA regulations by sharing knowledge and thought leadership. Never miss a TCPA update: Watch the entire episode and subscribe to our FCC webinar series now!

DISCLAIMER: This page and all related links are provided for general informational and educational purposes only and are not legal advice. ActiveProspect does not warrant or guarantee this information will provide you with legal protection or compliance. Please consult with your legal counsel for legal and compliance advice. You are responsible for using any ActiveProspect Services in a legally compliant manner pursuant to ActiveProspect’s Terms of Service. Any quotes contained herein belong to the person(s) quoted and do not necessarily represent the views and/or opinions of ActiveProspect.

The post SMS marketing do’s and don’ts with the new FCC TCPA regulations appeared first on ActiveProspect.

This guest post is courtesy of our partners at Drips, the Conversational Outreach Platform. The Drips Conversational AI Platform has over 1,000,000+ humanized engagements per day and is backed by a team of conversational outreach experts dedicated to helping  you achieve your unique business objectives. 

If you’re in the telecommunications loop, you’ve likely heard about 10DLC TCR. (Wow, our industry really loves acronyms, don’t we?) The resulting changes will significantly impact the way your SMS campaigns work.

Let’s take a look at what’s changed and why.

What is 10 DLC Campaign Registry?

10 Digit Long Code (10DLC) is the sanctioned standard for A2P text messaging utilizing a traditional 10-digit phone number. Although similar to the existing long code, 10DLC is a reliable messaging channel with throughput levels suitable for SMS campaigns and is sanctioned by mobile operators. In addition to messaging, 10DLC supports voice calls on the same number used for Commercial SMS.

The Campaign Registry (TCR) is the registration body for all A2P 10DLC messaging campaigns. TCR works with North American mobile operators and companies in the messaging business to register Application-to-Person (A2P) text messaging Campaigns.

The registry supports a sanctioned A2P 10 Digit Long Code text messaging campaign ecosystem and provides visibility into the messaging source and content, allowing mobile carriers to offer a more reliable and predictable messaging service for Campaign Service Providers (CSPs) and brands. Vetting through TCR’s external partners represents a more detailed review of the brand focusing on its reputation in the messaging space. The result is a 0-100 score that will place the brand in one of the available Carrier Tiers.

The Vetting Score, which can be obtained through TCR or imported, refers to a more profound series of checks which include the reputation in the messaging ecosystem of the brand you submitted.

Isn’t This the Same as STIR/SHAKEN?

They are not, though they have the same mission: to introduce transparency to stop robo spam and scam calls and messages.

If 10DLC sounds very similar to STIR/SHAKEN, you’re not wrong. However, there is one key difference: 10DLC focuses on the brand and the campaigns that a company wants to execute (the use cases). This includes looking at the legitimacy of the business, the outgoing messages, and whether that brand has processes for handling Opt-in/Opt-Out by consumers.

Conversely, STIR/SHAKEN is a simpler binary process or protocol that “signs” phone calls as legitimate. One of the purposes of STIR/SHAKEN is to combat fake or spoofed robocalls by assigning a “token” to a phone number. The absence of a legitimate token tells the carrier, provider, or device that the phone number may not be legitimate.

In short, 10DLC TCR is like a “Verified” status on Twitter for brands and campaigns—it shows that the messages sent from your campaign are legitimate. Validating your messages are from a real company, STIR/SHAKEN validates the caller is real and owns the phone number.

SMS Deliverability Impact

While new regulations may seem confusing, bothersome, or even annoying, this update may positively impact your campaigns. Carriers have visibility into the “who” and “what” of each messaging campaign which allows them, in turn, to provide a better quality of service for 10DLC messaging. That means brands can have confidence knowing that they are using an officially sanctioned messaging channel and may benefit from better service for their messaging campaigns.

There’s good news for Drips partners, though — although the changes and pivots to 10DLC have happened quickly, Drips was prepared, and our team has already developed solutions to cause as little friction to campaigns as possible.

Drips has always ensured that we are a partner to our clients. This change is simply another opportunity for us to help our clients navigate our quickly changing industry.

Want more information on Drips, 10DLC, or how to integrate Drips within your existing LeadConduit account?

Contact us.

Disclaimer: This blog and all information contained in it does not, nor is it intended to, constitute legal advice; instead, all information and content herein is for educational and informational purposes only. Information in this blog may not constitute the most up-to-date information, and Drips, the writers of this blog, and any contributors or contributing law firms herein disclaim any obligations relating to the timeliness or accuracy of the information contained here. No warranties should be implied. All liability with respect to any actions taken or not based on the contents of this blog is expressly disclaimed. Readers should consult with an attorney to obtain advice with respect to any particular legal manner, and no reader should act or refrain from acting on the basis of information on this blog without first seeking legal advice from counsel in the relevant jurisdiction.

The post What Is the 10 DLC and the Campaign Registry? appeared first on ActiveProspect.

Let’s face it: Today’s consumers are getting burned out from an overwhelming amount of email and call marketing. Spam folders, call flagging, and call blocking are all making it harder for performance marketers to get their message to the right people. A whopping eight out of ten Americans no longer pick up calls from unknown numbers, and privacy regulations are growing stronger by the day. 

However, amidst this burnout is a new opportunity for marketers: SMS messaging. 

After all, the average person spends a whopping four hours per day on their mobile device, and checks their phone over 150 times per day. The variety of use cases for SMS are abundant. Texts can be used for a wide range of marketing purposes, from new user acquisition and remarketing or reengagement promotions, to creating a two-way dialogue between the brand and customers that builds stronger relationships.

At the 2021 Contact.IO conference, we attended a session hosted by Monica Woller, VP of Program Management at Drips, and Bryce Marshall, VP of Key Accounts at Drips, to find out how marketers can use psychological tactics to create SMS texts that convert.

The Psychology of Messaging 

There are nine psychological messaging tactics that can be used to get your prospects or customers to convert. Let’s take a look at each and how they work:

1. Scarcity
   As we all know, people always seem to want what they can’t have! An easy way to convince people to make a purchase decision is to make them feel like your product or service is limited. This tactic makes them more likely to buy now since they feel it might not be an option for them later.Some examples of this tactic include messaging like:
   • This is a 20% limited time offer.
   • Only five seats left…
   • Invite-only!
2. Concession
   When people perceive a business conceding to them with a discount or promotion, they’re more likely to purchase it, even if they don’t need it. This is due to the perceived value of the product! An example message could say “[X] Was $500 – now, get it for 20% off!” or “This discount is for existing customers only!”.
3. Liking
   This may seem obvious, but it’s overlooked more than you might think: We’re more likely to buy from a brand or person if we like that brand or person. This is the same psychology behind brands using pet mascots or celebrity spokespersons to increase their fan engagement. Sending personalized messages that make your prospect or customer feel they’re in a two-way relationship with you goes a long way
4. Social Proof
   What better example of social proof than the classic line from the movie “When Harry Met Sally,” wherein a fellow diner at the restaurant proudly said, “I’ll have what she’s having.” Simply put: People trust other people, and will follow suit when they hear that someone they trust is happy with a service or product.
5. Recency/Explanatory
   This tactic refers to timeliness and context behind the interaction: Why are you contacting this person? Pre-empt the “Who is this?!” question by reminding them that they have a previous connection with you. This timeliness in the right context makes people want to convert more quickly in today’s fast-moving landscape.
6. Reciprocity
   A great way to get a consumer to trust you right off the bat is by providing something of value to them upfront – before asking the consumer for their consideration. This “value” can be found in anything from a free webinar to a complimentary eBook. 
7. Consistency and commitment
   Another strategy to try is getting your foot in the door before asking for any kind of commitment. It’s certainly easier to get someone to agree to something simple and small than to immediately ask for a huge commitment like a contract signing. Once a person agrees to a small commitment, you can make a second step or larger commitment. This works because no one wants to go back on their word! An example of this tactic is simply asking them to opt in to hear about future offers from your brand or to be alerted when similar products are available in the future. 
8. Priming
   Get the initial “yes” before the big “yes”! Create interactions that ultimately lead to the outcome you want. Essentially, you should provide appropriate stimuli based on the consumer’s behavioral history and encourage positive responses before you ask for the sale. 
9. Authority
   Consumers inherently respect authority figures, so job titles matter within your messaging! Write SROs or use testimonials from people with leading titles like President, VP, CEO, etc. to gain more trust and credibility from your audience.

Last, but not least…

Now that you’re a pro at crafting texts that convert, don’t forget to ensure that all of your SMS outreach is fully compliant with federal and state privacy regulations! Telephone Consumer Protection Act (TCPA) violations can cost anywhere from $500 to $1,500 per text. For example, if a business sent 10 text messages to one consumer, there is a potential statutory fine of $5,000 to a single consumer if they can prove a willful TCPA violation. 

Luckily, you can send SMS messages with peace of mind when you document consumer consent with TrustedForm! 

TrustedForm is considered the highest standard for documenting proof of TCPA consent for both text messages and outbound calls. With its video replay, marketers can easily pull the URL with video playback to dismiss a potential lawsuit before it ever becomes a problem.

SMS outreach – conducted with the proper TCPA precautions in place – shows incredible promise as a marketing channel for all industries. At ActiveProspect, our platform works to help marketers like you take advantage of all outreach channels in a safe, cost-efficient, and scalable way.

The post The Art of the Message: SMS Strategies That Convert appeared first on ActiveProspect.