Ideas·

Is SMS marketing legal?

Marketing texts are legal in the United States when the recipient agreed to receive them and can make them stop. This is a product note, not legal advice. Rules change, and a lawyer who knows your list is the right person for a specific program.

The Telephone Consumer Protection Act is the US law that governs marketing texts. For promotional messages, the standard you have to meet is prior express written consent: the person agrees, in a record, to get marketing texts from you. The agreement should say they will receive texts, who from, and that message and data rates may apply.

A purchase is not that agreement. A phone number on a delivery form is not that agreement, unless the form actually asks for texts and they say yes. Can I text my customers? is the practical version of the same rule.

If you text people in the European Union, the GDPR applies as well. Consent there has to be a real opt-in, and they need a way to take it back.

Opt-out

Each marketing text needs a working way to stop. Reply STOP is the one carriers and recipients already understand. When someone sends it, you stop. Entrance keeps opt-outs on the account, and they can be shared across workspaces in the account.

Someone who wants off a list they never joined should still be able to send STOP. How to stop marketing texts is written for that person.

Registration is separate

Consent is between you and the customer. 10DLC is between the business and the carriers. You need both. An approved campaign does not make an unsolicited text legal, and a careful opt-in does not exempt the traffic from registration.

What this note will not do

It will not estimate a fine, bless a script, or tell you that a particular list is safe. If the list was purchased, scraped, or shared from a partner who cannot show you the consent, do not upload it. Write support@entrancegrp.com if a registration question is blocking the account. For whether a campaign is lawful, ask counsel.