Tips for SMS Compliance for Businesses


Like emails, short message service (SMS) is subject to data retention policies that businesses must address. Capturing and recording text messages are essential to comply with the regulatory requirements. Failure to adhere to the implemented rules can put organizations at risk of neglect capable of damaging their public image.

Archived text messages can be beneficial in different ways. One of the benefits it can offer is to make compliance easier. Businesses can also follow these tips aside from archiving messages:

Tip 1: Obtain Consent Digitally

Provided by the Telephone Consumer Protection Act (TCPA) 1991 that businesses need customer written consent before sending promotional text messages or calling them, even if for informing purposes only. Enterprises must receive consent first to avoid violating the provision stated in TCPA.

In this digital age, asking consumers to write a consent letter is impractical. Instead, businesses can obtain consent in the following ways:

  • Let the person physically sign the form containing clearly stated terms and conditions
  • Let the person input their phone number in the digitized version of the form containing clearly stated terms and conditions

Tip 2: Provide Full Disclosure of SMS Communications 

Once the customer opts to receive promotional text messages, the business must disclose all the details confirming they are opt-in. New subscribers must receive carrier compliance message including the following important details:

  • Business identity
  • Frequency of messages
  • Message and data rates might apply
  • Option to opt-out

The business must still retain some of these elements after sending the initial message, and the customer confirmed opting as a promotional message recipient.

Tip 3: Importing Contacts Carefully

Written consents are not limited to new subscribers but all contacts. Businesses must ensure that everyone on their list consented before importing them. Due diligence helps organizations make unexpected violations of the laws governing text messages.

As stated earlier, businesses can archive text messages not only to ensure compliance but also to gain advantages. Enterprises can use archived messages to develop better marketing strategies. They can review and analyze past messages to better promote business products and services. During court litigation, message archival can be helpful for businesses to defend themselves against false claims.

Contact LeapXpert to learn more about SMS archiving tools for meeting compliance.

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