The CAN-SPAM Act sets the rules for commercial email
Posted: Thu May 29, 2025 5:43 am
In today's digital age, text messaging has become a common form of communication for businesses. However, many companies are not aware of the laws and regulations surrounding SMS marketing. It is essential for your team to understand the legal implications of sending text messages to customers and ensure compliance with the relevant laws. In this article, we will discuss what your team should know about SMS laws to protect your business and build trust with your customers.
The Basics of SMS Laws
Text messaging is a powerful tool for businesses to reach their customers quickly and effectively. However, there are specific laws and regulations that govern how companies can use SMS marketing. The key legislation that your team should be aware of includes the Telephone Consumer Protection Act (TCPA) and the CAN-SPAM Act.
The TCPA and Opt-In Consent
The TCPA is a federal law that regulates telemarketing calls, including phone number database text messages, in the United States. One of the most crucial aspects of the TCPA is the requirement for businesses to obtain express written consent from customers before sending them marketing messages via SMS. This means that customers must opt-in to receive text messages from your company, and you must keep a record of their consent.
CAN-SPAM Act and Compliance
including text messages. Under this law, businesses are required to include a clear opt-out option in their text messages, allowing customers to unsubscribe from future communications. Additionally, companies must provide accurate sender information and avoid misleading or deceptive subject lines in their messages.
Penalties for Non-Compliance
Failing to comply with SMS laws can have severe consequences for your business. Violating the TCPA can result in fines of up to $1,500 per message sent without proper consent. In addition to financial penalties, non-compliance with SMS laws can damage your company's reputation and lead to a loss of trust among your customers.
The Basics of SMS Laws
Text messaging is a powerful tool for businesses to reach their customers quickly and effectively. However, there are specific laws and regulations that govern how companies can use SMS marketing. The key legislation that your team should be aware of includes the Telephone Consumer Protection Act (TCPA) and the CAN-SPAM Act.
The TCPA and Opt-In Consent
The TCPA is a federal law that regulates telemarketing calls, including phone number database text messages, in the United States. One of the most crucial aspects of the TCPA is the requirement for businesses to obtain express written consent from customers before sending them marketing messages via SMS. This means that customers must opt-in to receive text messages from your company, and you must keep a record of their consent.
CAN-SPAM Act and Compliance
including text messages. Under this law, businesses are required to include a clear opt-out option in their text messages, allowing customers to unsubscribe from future communications. Additionally, companies must provide accurate sender information and avoid misleading or deceptive subject lines in their messages.
Penalties for Non-Compliance
Failing to comply with SMS laws can have severe consequences for your business. Violating the TCPA can result in fines of up to $1,500 per message sent without proper consent. In addition to financial penalties, non-compliance with SMS laws can damage your company's reputation and lead to a loss of trust among your customers.