We consider any unsolicited, unexpected, or unwanted text message as Spam. We allow use of our smart database list, to build your subscriber list provided you comply fully with the CAN SPAM Act and TCPA, however, we do NOT allow use of 3rd party lists, whether consent has been gathered or not. We believe that any type of communication sent to a subscriber about an unrelated subject, that the subscriber did not request, to be Spam.

SMS marketing makes it easy to reach customers directly at a relatively low cost. But if you don’t adhere to the text message privacy laws and regulations that are in place to protect consumers, you risk incurring massive fines and penalties.

In this section, we’ll share everything you need to know about text message privacy laws in the United States, Canada, the European Union and the United Kingdom, plus best practices for keeping your business compliant with text marketing laws. This would imply that you are fully aware of the text message privacy laws, and have fully agreed to comply with all the laws governing your region, before using our service.

The Importance of Following Text Marketing Laws
SMS marketing is an excellent way for businesses to communicate promotions and offers to customers. However, not all businesses follow SMS rules in their text message engagement with customers.

Without an understanding of proper and legal protocol, businesses may unknowingly send unsolicited text messages and spam their audience with irrelevant information, products, services or offers.

Additionally, some companies only want to collect personal data for other purposes (some potentially unethical) and have no real interest in engaging with or providing value to customers.

To uphold the privacy and protection of personal information, the Cellular Telecommunications Industry Association (CTIA) was formed to impose ethical text marketing practices. Other organizations and stakeholders, such as the Mobile Marketing Association (MMA), Federal Communications Commission (FCC) and Federal Trade Commission (FTC) also monitor, regulate or enforce rules that apply to SMS marketing.

Any company that uses SMS and MMS to communicate with audiences must comply with the rules put forth by these regulators. Businesses that violate text message privacy and text spam laws will incur penalties and hefty fines.

Text Message Privacy Laws in the United States
Electronic communications in the United States are carefully regulated through strict SMS rules. In addition to these federal regulations, businesses must also observe all text messaging laws by state that may apply to their region.

Four stakeholders oversee wireless device laws for texting in the U.S.:

Cellular Telecommunications Industry Association (CTIA), a group that represents the wireless communications industry.
Mobile Marketing Association (MMA), which encourages marketing transformation and innovation through mobile devices (like SMS marketing).
Federal Communications Commission (FCC), an independent government agency that regulates electronic and media communications by wire, satellite, cable, TV and radio.
Federal Trade Commission (FTC), another government agency that protects consumers by dealing with complaints or violations that occur via media communications.
The CTIA and MMA advocate for ethical wireless communications and aim to establish the best marketing practices for mass SMS texting.

The FCC and FTC, on the other hand, have legislative powers to enact laws, regulations and penalties for businesses.

Next, we’ll cover the two text messaging privacy laws enforced in the U.S.: the Telephone Consumer Protection Act and the CAN-SPAM Act.

1. Telephone Consumer Protection Act (TCPA)
The Telephone Consumer Protection Act (TCPA) is a product of the FCC. The TCPA is the primary anti-telemarketing law and the leading regulator of SMS marketing.

Under the TCPA, businesses may not send messages to consumers without their consent. Even if an individual provides their phone number or has a long-standing relationship with the business, the company cannot text the individual if they have not granted written consent.

Businesses are required to obtain explicit written consent (not verbal) to add subscribers to their subscription list. Written consent doesn’t refer to writing on paper, but rather consent that is documented and saved.

As consumers opt in to SMS marketing campaigns, they must receive clear, conspicuous disclosure of the text messages they will receive. They must also agree to receive these messages on their mobile device.

Here are some compliant ways for an individual to join an SMS marketing subscription database:

Keyword texting: Customers text a keyword from their mobile device to join an SMS database.
Paper form: Customers fill out a paper form that clearly states they agree to receive text messages through their phone number from a business.
Online form: Likewise, an online form must explicitly state that the consumer is subscribing to receive text messages from the company once they provide their phone number.
Website popups: A popup form on your website can share details of your SMS program and allow engaged visitors to opt in.
It’s critical to be completely transparent with subscribers. Here’s what contacts should expect to receive:

A description of the program they are subscribing to.
The approximate number of messages they should expect to receive in a defined period (such as per week or month).
A link to the full terms and conditions of the privacy policy.
Instructions on how to opt out from receiving messages (STOP instructions), as well as how they can get help information (HELP instructions). Businesses can provide a link that contains detailed information about these instructions.
Businesses should send texts via short codes, which are five or six-digit phone numbers that prevent messages from getting flagged as spam. Using shortcodes ensures that communications are regulated by wireless carriers and CTIA guidelines.

2. CAN-SPAM Act
The CAN-SPAM Act works in conjunction with TCPA and is the main text spam law in the United States.

Under the CAN-SPAM Act, the FCC can regulate commercial texts sent to wireless devices to protect consumers from unwanted mobile commercial messages.

The CAN-SPAM Act makes it illegal for businesses to send unwanted text messages to cell phone numbers and requires that any commercial message be easily identifiable by the receiver as an advertisement. Consumers must also be able to unsubscribe from receiving messages.

The CAN-SPAM Act does not apply to messages regarding existing transactions or relationships, such as delivery notifications.

Text Message Privacy Laws in Canada
Canada passed the Canada Anti-Spam Legislation, otherwise known as CASL, in 2014. This text spam law is similar to the Telephone Consumer Protection Act.

Canada’s Anti-Spam Legislation (CASL)
Under the CASL, businesses who wish to send electronic messages to consumers must fulfill three core requirements:

Obtain consent
Provide identification information
Provide an unsubscribe mechanism
There are also two avenues for obtaining consent: implied or express.

Implied consent refers to an individual providing or disclosing their contact information to a business, thus permitting consent.
Express consent refers to an individual explicitly agreeing to receive electronic communications from a business.
Text Message Privacy Laws in the European Union
The European Union (EU) also has SMS rules and regulations regarding electronic communications, namely the General Data Protection Regulation (GDPR).

General Data Protection Regulation (GDPR)
The GDPR, enacted in May 2018, applies to any country that wants to do business with the European Union or use EU citizens’ personal data.

Businesses must adhere to these seven principles to be GDPR-compliant:

Obtain consent
Report any security breaches to customers within 72 hours
Provide customers the rights to access their personal data
Provide customers the rights to reuse their personal data outside the business
Provide customers the rights to have their data erased completely
Deploy appropriate security measures to safeguard data collection
Have the capability to appoint a Data Protection Officer (DPO) if necessary
The GDPR applies to all commercial text messages and data security in general. Therefore, GDPR may affect other aspects of an organization’s marketing activities. Non-compliance will result in a costly penalty.

Text Message Privacy Laws in the United Kingdom
The U.K. has supporting regulations that work in conjunction with the GDPR. They are the Privacy and Electronic Communications Regulations (PECR) and the Data Protection Act.

Privacy and Electronic Communications Regulations (PECR) and Data Protection Act
The PECR applies to any electronic marketing methods and website tracking (such as cookies) and their respective security measures and privacy rights.

These laws “[recognise] that widespread public access to digital mobile networks and the internet opens up new possibilities for businesses and users, but also new risks to their privacy.”

The U.K.’s Data Protection Act regulates how businesses can store and use consumers’ personal information. Under this act, personal info must be used “fairly, lawfully and transparently.” Businesses can only use data when relevant and appropriate, and cannot store the data longer than necessary.

Similar to GDPR principles, customers have the right to know how their data is being used or have data updated or erased.

How to Leverage SMS Marketing Legally
With all the strict text marketing regulations out there, you need to be attentive and careful with your SMS strategy. To ensure that the benefits of SMS marketing are not hindered because of marketing laws, follow these best practices for compliant SMS campaigns.

Get Written Consent
Consent is the most important aspect of compliance. Whether your business uses shortcodes, paper forms or online forms, the written consent must be explicit, transparent and comprehensive for customers to agree to the conditions. Please note: You cannot ask customers to purchase a product or a service as a condition of the written consent.

Pro Tip: Remember that web opt-ins also require double opt-ins. According to the CTIA, you must provide consent on a web form and follow-up with a confirmation text from the subscriber. Shortcodes or direct text consent only require one step, which is more straightforward for most businesses.

Confirm Opt-Ins
Send your subscribers a confirmation as soon as they opt in to your campaign. Your confirmation message should contain information regarding what the consumer has subscribed for, such as:

Validation of a successful subscription
Your campaign’s purpose
Your organization’s identity
An approximate frequency of the messages your subscribers will get from you
Information about opting out if needed
Information about data required by the text messages, and charges if applicable
Terms and conditions, and your organization’s privacy policy
A keyword your subscribers can text if they need assistance or information regarding your campaign
You should also include this information in your campaign’s call-to-action. If you’re worried about overwhelming your customers with information, you can simply provide URLs to your privacy policy, FAQ or help center instead.

The CTIA also allows abbreviations of your terms and conditions and privacy policies. Follow these requirements:

Abbreviations must be clear
Abbreviations cannot be blocked by any kind of pop-up message
Abbreviations should not have pre-checked confirmation boxes
Abbreviations must always be accessible

SMS-iT follows an ANTI-SPAM policy for all of its communications protocols. This means that we do not condone UNSOLICITED TEXT MESSAGES; NOTIFICATIONS; ALERTS; OR ANY MESSAGES THAT YOU MAY RECEIVE FROM SOMEONE WHO SHOULD NOT HAVE YOUR MOBILE NUMBER. Please let us know about any abuse, including the sender ID, your Mobile Number (to be removed); the date and time you received it and the contents of the message. To report any abuse or violations of inappropriate use of our service, please contact us with your comments/complaints. Your report will be registered and the Client will be investigated for violations of our Anti-Spam Policy. The identity of any individual reporting abuse will be kept confidential.

The Code of Conduct contains five straightforward requirements for message senders:

Only companies in good standing may engage in high-throughput traffic.

To protect the integrity of text messaging networks and services, including the business operations of legitimate service providers, message senders of high-throughput text messaging must pass a basic validation during onboarding with the service provider and maintain good standing.

The consumer must give the appropriate consent for the given message type.

Consumer opt-in and opt-out must work correctly
Consumer opt-in and opt-out functionality is enforced at the network level via the STOP and UNSTOP keywords. This functionality cannot be disabled for service providers or message senders. Message senders have additional obligations for processing of opt-out messages that must be honored. Phishing, spam, and unwanted illicit content is prohibited
Message content that deceives or threatens consumers, including phishing, is not permitted. Even if a consumer consents to receive messages, the messages must not be deceptive; TCPA compliance alone does not satisfy this condition. Creative methods to evade these requirements is prohibited
The spirit of these requirements is straightforward; to protect both consumers and networks. Message senders acting in bad faith to thwart or undermine the spirit of these requirements are addressed on a case-by-case basis. Best Practices for Sending Messages
Consumers should always be given the choice to receive or block text messages from a specific message sender. This principle underpins the requirements for the opt-in and opt-out mechanisms. In addition, the Federal Communications Commission (FCC) enforces rules under the Telephone Consumer Protection Act (TCPA) to protect consumers from unwanted calls or text messages. Businesses that send text messages to consumers should be aware of these rules. Violating the TCPA is a serious matter, with statutory damages of $500 to $1,500 per violation (text message sent). Consent
The message sender must obtain proper consumer consent for each message sent. The type of consent that is required depends on the type of message content sent to the consumer. The table below includes the types of messaging content and the associated consent that is required. Consumers can revoke consent at any time and in any way. Consumer opt-out requests must be honored, whether they are made by phone call, email, or text. Types of Messaging Content and Required Consent
Conversational
Conversational messaging is a back-and-forth conversation that takes place via text. If the consumer texts into the business first and the business responds quickly with a single message, then it’s likely conversational. If the consumer initiates the conversation and the business simply responds, then no additional permission is required.

The first message is always sent by the consumer
Two-way conversation
Message responds to a specific request
IMPLIED CONSENT
If the consumer initiates the text message exchange and the business only responds to each consumer with relevant information, then no verbal or written permission is required.

Informational
Informational messaging is when a consumer gives their phone number to a business and asks to be contacted in the future. Appointment reminders, welcome texts, and alerts fall into this category because the first text sent by the business fulfills the consumer’s request. A consumer should agree to receive texts when they give the business their mobile number. The first message is sent by the consumer or business
One-way alert or two-way conversation
Message contains information
EXPRESS CONSENT
The consumer should give permission before a business sends them a text message. Consumers can give permission over text, on a form or website, or verbally. Written permission also works.

Promotional
Promotional messaging is when a message is sent that contains a sales or marketing promotion. Adding a call-to-action (such as a coupon code to an informational text) may place the message in the promotional category. Before a business sends promotional messages, the consumer must agree in writing to receive promotional texts. Businesses that already ask consumers to sign forms or submit contact information can add a field to capture the consumer’s consent.

The first message is sent by the business
One-way alert
Message promotes a brand or product
Prompts consumer to buy something or go somewhere
EXPRESS WRITTEN CONSENT
The consumer should give written permission before a business sends them a text message. Consumers can sign a form, or check a box, to allow promotional text messages. Participation in text promotions should never be a requirement.

Revoking Consent (opt-out)
Carriers require opt-out compliance by supporting the STOP keyword at the network level. This opt-out system is active by default across all accounts. A STOP request blocks all text message exchanges between an individual mobile number and a text-enabled business number. A consumer can opt back in at any time by replying with the keyword UNSTOP.

Consumer Notification
The best practice of notifying the consumer of their ability to opt-out from future messages from the message sender. This is especially important when sending informational or promotional messages. An example would be to include the sentence, “Reply STOP to unsubscribe” to the end of the initial message sent to the consumer. We recommend sending this communication on at least every 5th informational or promotional message for continued consumer awareness.

Opt-Out Keywords and Messages
A consumer can opt out of communication with any message sender on the network by texting the keyword “STOP” to the message sender’s phone number. The keyword is not case sensitive and triggers an opt-out only when sent as a single word with no punctuation or leading spaces (any trailing spaces are trimmed). If the consumer uses the opt-out keyword within a sentence, then an opt-out is not triggered.

Examples of Valid Opt-Out Messages
“STOP”
“Stop”
“stop”
“STop”


Examples of Invalid Opt-Out Messages
“Hey can you stop texting me?”
“Stop it"

The opt-out confirmation message returned to a consumer is generic and gives instructions on how to opt back into service again with the message sender’s phone number.

Opt-out Confirmation Message
NETWORK MSG: You replied with the word "STOP" which blocks all texts sent from this number. Text back "UNSTOP" to receive messages again.

Opt-In Keywords and Messages
A consumer can opt back in at any time to receive messages by texting the keyword “UNSTOP” to a message sender’s phone number. The keyword is not case sensitive and triggers an opt-in only when sent as a single word, with no punctuation or leading spaces (any trailing spaces are trimmed). If the consumer uses the opt-in keyword within a sentence an opt-in is not triggered.

Examples of Valid Opt-In Messages
“UNSTOP”
“Unstop”
“unstop”
“UNStop”

Examples of Invalid Opt-In Messages
“Hey can you enable me again?”
“Unstop me!”
The message returned to a consumer is generic and informs the consumer they can start two-way texting with the message sender’s phone number again.

Opt-In Confirmation Message
NETWORK MSG: You have replied "UNSTOP" and will begin receiving messages again from this number.

Expectation Upon Receipt of Opt-Out/Opt-In
A message sender must act upon every opt-out event sent to them from the carrier. The opted-out consumer phone number must be removed from all distribution lists and be logged as “opted out” from SMS communications. This ensures that future messages are not attempted and consumer consent is honored.

Sending to a Consumer That Has Opted Out
If a message sender attempts to send a text message to a consumer that has opted out of communications with the specific phone number of the sender, then an error message is returned. The error message is returned within a final delivery receipt and has a status code of 1110 (decimal)/ 456 (hex). If final delivery receipts are not enabled, then no notification is presented to the message sender.

Disallowed Sending Practices
If a message sender is observed performing any of the disallowed sending practices that are listed below, then an account review is performed. The review can result in the suspension of sending rights for a provisioned phone number; restriction of high-throughput access; suspension of provisioning rights for new phone numbers; and/or suspension of all network services.
All message senders are expected to enforce restrictions on their own networks to prevent these sending practices at the intake source.

Continued sending to opted out consumers
When a consumer opts out, they should no longer receive messages from that message sender. If they do receive messages, then it’s likely that the opt-out event was either not processed or processed incorrectly within the message sender’s network.

Opt-out avoidance
If a consumer opts out of communications with a business, then disregarding the consumers opt-out and sending a message from a new phone number from the same business is not allowed.

High opt-out rate
The daily opt-out rate on a phone number is defined as the total number of unique consumer phone numbers divided by the unique opted out consumers that were sent messages within a 24-hour period. If the daily opt-out rate on a sending phone number is 5% or greater, then the number is flagged for monitoring. An opt-out rate of 10% or greater on a sending phone number may result in immediate suspension of services.

Snowshoe sending
Snowshoe sending is defined as a technique used to spread messages across many source phone numbers, specifically to dilute reputation metrics and evade filters. Carriers actively monitor for snowshoe sending. If they discover snowshoeing, then the sending phone numbers may have their sending rights immediately suspended.

URL cycling
This practice is defined as the utilization of multiple destination URLs on the same message content for the specific purpose of diluting reputation metrics and evading filters. URL cycling does not include the use of unique “personal” links to give a consumer custom content via a URL shortener or other means.

Best Practices for Message Content
SMS-iT™ recommends the following best practices when generating content and choosing source phone numbers. High quality, well-formatted content is more likely to be opened and read by a consumer and less likely to be mistaken as spam by Consumers, Operators, and Carriers.

Recommendations for Content Creation
These best practices make messages more valuable to consumers and less likely to trigger real-time content analysis from flagging messages incorrectly as spam.

Use one recognizable number
Each campaign should use one primary phone number. Using a single number for both text and voice calls is recommended.

Use one recognizable domain name
Each campaign should be associated with a single web domain. Although a full domain is preferred, a URL shortener may be used to deliver custom links.

Use natural language
You should use natural language in your messages, which means that you do not use non-standard spellings. For example, “H! h0w ar3__you do1ng?” is a nonstandard spelling.

Direct consent
You should collect the consumer consent yourself, and not use consent acquired from a third party. The consumer is expecting a relationship with the business they interacted with.

Set expectations on frequency
You should set the proper expectation with the consumer for informational or promotional messages. If you are sending 5 texts a month, then disclosing “5/msg a month” on the first interaction is a positive user experience.

Age, Geographic, and Other Restrictions
Additional restrictions may apply if your messaging is related in any way related to alcohol, firearms, gambling, tobacco, or other adult content. You must:

Obtain and keep records of consent from every message recipient
Ensure that no message recipient is younger than the legal age of consent based on the best geographical knowledge of where the recipient is located.
Ensure that the message content complies with the SMS-iT™ Message Requirements and Code of Conduct and all applicable laws of the jurisdiction in which the message recipient is located.
Be able to provide proof that you are able to ensure compliance with these restrictions.

Disallowed Content
There are some types of messages that we can't allow on our platform, even if the the recipient gives approval. If a message sender is observed sending any of the below listed disallowed content, then an account review is performed. This review can result in the suspension of sending rights for a provisioned phone number; restriction of high-throughput access; suspension of provisioning rights for new phone numbers; and/or suspension of all network services.

Message senders are expected to enforce restrictions on their own networks to prevent these types of content at the intake source.

Illegal Content
Content that is Illegal in the jurisdiction where the message recipient lives. For example - because United States federal laws prohibit the sale of recreational or medical cannabis and cannabis-derived CBD, those messages would not be allowed.

Harassment
Hate speech or harassment, or any communications from groups whose primary purpose is deemed to be spreading hate.

Phishing
Phishing is the practice of sending messages that appear to come from reputable companies but in fact trick consumers into revealing personal information, such as passwords and credit card numbers.

Fraud or scam
Any messages that constitute a fraud or scam, which involves wrongful or criminal deception intended to result in a financial or personal gain, are prohibited. These messages generally involve money and/or some sort of business transaction.

Deceptive marketing
Marketing messages must be truthful, not misleading, and, when appropriate, backed by scientific evidence in order to meet the standard held by the Federal Trade Commission’s (FTC) Truth In Advertising rules. The FTC prohibits unfair or deceptive advertising in any medium, including text messages.

Malicious Activity & Content
Any content that is designed to intentionally evade security, throughput or other SMS-iT™ filters. This also includes malicious content, such as malware or viruses.

Social Marketing
Collections

Financial services, whether account notifications, marketing, collections or billing for:
a. High-risk/subprime lending/credit card companies
b. Auto loans
c. Mortgages
d. Payday loans
e. Short-term loans
f. Student loans
g. Debt consolidation/reduction/forgiveness.

Insurance
a. Car Insurance
b. Health Insurance

Gambling, Casino, and Bingo
Gift cards
Sweepstakes
Free prizes
Investment opportunities
Lead generation
Recruiting
Commission programs
Credit repair
Tax relief
Illicit or illegal substances
Work from home
Get rich quick
UGGS and RayBan campaigns
Phishing
Fraud or scams
Cannabis
Deceptive marketing
SAFT: Sex, Alcohol, Firearms or Tobacco related content
Hate/Harassment
Any malicious activity that is designed to intentionally evade security, throughput or other SMS-iT™ filters. This also includes malicious content, such as malware or viruses.

Monitoring
Today carriers use industry-leading spam containment vendors and monitors consumer complaints. These practices promote a sustainable model for healthy commercial texting, which is good for both consumers and message senders.

Consumer Complaints
Major operators in North America support consumer-driven spam controls. Their mobile subscribers can forward unwanted or unconsented text messages to a dedicated short code, 7726 (it spells “SPAM” on a standard keypad).

Carriers monitor consumer complaints sent to this service for numbers on the network. If multiple complaints are received for a sender, then a notification is sent to the message sender that includes the source phone number, destination phone number, timestamp, and original message ID that was given to the message sender upon message submission.

Upon receipt, the service provider must provide proof of TCPA compliant opt-in for those specific messages. They must also provide an overview of the messaging campaign and its opt-in process that the unwanted message was a part of.

If a large amount of unwanted or unconsented messages are reported on a source phone number, then that number may have sending rights immediately suspended while opt-in is being confirmed.

Opt-Out Rate
Carriers track the opt-out rate on every source phone number that is active on their network. The daily opt-out rate on a phone number is defined as the total number of unique consumer phone numbers divided by the unique opted-out consumers that were sent messages within a 24-hour period.

If the daily opt-out rate on a sending phone number is 5% or greater, then the account is flagged for monitoring. An opt-out rate of 10% or greater on a sending phone number may result in immediate suspension of services.

Real-Time Content Analysis
Real-time analysis is used by carriers to identify if a message falls outside of the code of conduct or best practices.

On our terms and conditions agreement, our Clients specifically agree NOT to use SMS-iT to send unsolicited Text Messages or Spam. Upon incorporating a list Clients agree on the Opt-In only policy to their list. All Text Messages sent using SMS-iT can be tracked and so removed from the sender list. We support OPT-OUT / REMOVE / UNSUBSCRIBE, Clients have the ability to remove mobile numbers. If we suspect a violation of our Anti-Spam policy, we will contact the Client and discuss the Client options, which may range from a warning, to termination of service for that Client. To the best of our knowledge, our system adheres to ALL state and national laws regarding sending unsolicited bulk / group text messages.

If you wish to remove yourself from any list, please email us (at privacy@smsit.ai) with an "OPT-OUT", "UNSUBSCRIBE", "STOP" or "REMOVE" in the subject line. You also may reply to the text Message received by replying with STOP. Finally, you may send a text message containing the word "STOP" to the number from your phone.

Please let us know about any abuse, including your Mobile Number, the date and time you received it and the contents of the message. You will be removed from that list and the Client will be restricted from adding your mobile number to their list in the future.

If you have any questions about these Terms, please contact us using our email address - privacy@smsit.ai