What is SMS compliance?

SMS compliance is adherence to a set of region-specific laws and regulations that regulate business communication via SMS. These laws protect consumers from receiving spam and other unwanted messages and prevent various privacy violations.

You should be aware of the nuances of SMS compliance before sending SMS messages. Non-compliance with these regulations may result in hefty fines and a potentially damaged brand reputation.

7 best practices for sending compliant SMS messages

The following recommendations will help you stay compliant with SMS marketing regulations:

1. Get explicit consent from each SMS recipient

Get consent from your SMS contacts before sending them text messages. The best way to get consent is through a sign-up form that:

  • Lives on your website that clearly belongs to your brand
  • Collects a phone number
  • Links to your privacy policy
  • Follows up with an automated message that asks for a keyword opt-in to confirm their subscription
  • Includes disclosure language so that subscribers understand what they’re agreeing to before they sign up

Some additional best practices to follow are:

  1. Send SMS messages only to people who have opted in. This rule applies to all promotional SMS types, including campaigns and flows.
  2. Don’t assume people who have subscribed to email have opted in to receive SMS as well. Subscribers need to have specifically agreed to receive SMS.
  3. Use disclosure language in your forms, checkout pages, emails with opt-in links, etc., to clarify what people are subscribing to. 
  4. Make sure your subscribers give their consent directly to your company. A single consent can’t be shared between two or more brands.

2. Make it easy to unsubscribe from SMS

Always give your subscribers a straightforward way to opt out of receiving further messages from your SMS campaigns and flows. 

Use one of the following methods:

  • Add an opt-out keyword (e.g., STOP, QUIT, or UNSUBSCRIBE), or
  • Include an unsubscribe link

3. Don’t include prohibited content 

Mobile carriers and providers consider specific topics unacceptable and refuse to deliver them to recipients. Using prohibited content in your messages can result in content filtering and, in extreme cases, blocking the sending number.

Prohibited topics are those that mention:

  • S.H.A.F.T.
    • Sex
    • Hate
    • *Alcohol
    • Firearms
    • Tobacco and CBD
  • Illegal substances
  • Gambling
  • Debt collection/forgiveness
  • High-risk financial services, including cryptocurrencies
  • Multi-level marketing

*While some countries allow marketing of certain S.H.A.F.T. topics, they require strict age-gating. It’s important to check with your provider to see what they support.

4. Don’t send SMS messages during quiet hours

  • To remain compliant with the TCPA in the US, only send SMS between the hours of 8:00 am to 9:00 pm. Note that several states (such as Florida) limit sending to between 8 a.m. and 8 p.m. 
  • There are many regional differences to quiet hours, however, so it’s important to check what’s allowed for the time zones you’re sending SMS messages to.

5. Include your company or brand name in the body of an SMS

To remain compliant, your sender information must be clearly indicated in every message you send.

There are several ways to do this:

  1. Start the message with your company or brand name.
  2. Mention your company name in the body copy of your text message.
  3. Include a branded sender ID (UK or Australia only).

6. Adhere to abandonment flow guidelines (US only)

Follow these guidelines for all shipping cart abandonment flows if the recipients are in the States:

  • Always use a double opt-in
  • Don’t send more than one SMS to a recipient
  • Send the text message no later than 48 hours after the cart abandonment

While not enforced by mobile carriers, these guidelines are also recommended for other abandonment flows, including browse abandonment.

Want to make sure your SMS messages are always compliant with SMS regulations?

Klaviyo supports SMS in the US, UK, Canada, Australia, New Zealand, France, Germany, the Netherlands, Ireland, Austria, Spain, and Switzerland. Sign up for Klaviyo today to start sending compliant SMS messages that convert.

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