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There’s no doubt that texting is one of the simplest ways to communicate with others — many companies in the US have leveraged the benefits of texting as part of their business strategies. But while SMS texting for businesses can keep you connected with your consumers, there are a few laws that dictate what you can and can’t do when engaging in this kind of marketing strategy. If you’re looking to explore this solution for your organization, here are a few important legal restrictions you should know before getting started.

What Laws Apply to SMS Texting for Businesses?

Telephone Consumer Protection Act

Since 1991, the FCC has relied on the Telephone Consumer Protection Act (TCPA) to protect consumers from commercial telecommunications abuses. In terms of texting, this law requires for-profit businesses and organizations to receive written consent from a user before transmitting any text messages. If companies don’t abide by the stipulations of this law, they can accumulate fines of up to $1,500 per text message sent.

sms-texting-for-businessesUnder this law, you must obtain explicit consent from customers to send them texts, even if you already have their phone number. To avoiding inconveniencing consumers, any texts you send must be delivered between 8 a.m. and 9 p.m. Opt-in users should also receive instructions on how to opt out from the service if they choose to do so.

CAN-SPAM Act

The CAN-SPAM Act can be considered a complement to the TCPA. Also adopted by the FCC, this law places restrictions on how businesses market specific commercial products and services via e-mail and text messaging. Failure to comply with the law can result in penalties of up to $42,350.

The CAN-SPAM Act requires businesses to gain opt-in consent from consumers and to identify all relevant messages as advertisements. Companies must also not use false, misleading, or deceptive information when it comes to identifying the sender and subject. Consumers must also be informed of how to opt out; these requests must be respected immediately.

 

 

Based in Piscataway, NJ, 1st Point Communications offers comprehensive telecommunications services to help streamline SMS texting for businesses nationwide. Understanding the importance of maintaining a simple, honest connection with your clientele, this team will help you establish easy-to-understand texting solutions that are compliant with existing regulations. To learn more about their wide range of services, visit this provider online or call a friendly associate at (212) 884-4400.

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