The U.S. has compliance regulations put forth by the mobile governing bodies. Ensuring your mobile program is compliant is an important step in setting up your campaigns. Non-compliant mobile programs can be subject to repercussions from mobile carriers and even suppression or termination of your program.
Below you will find an at-a-glance guide to SMS Compliance. For additional guidance, please contact your Account Manager.
Who Sets Compliance Rules?
There are a number of organizations involved in mobile communication.
Federal Communication Commission (FCC)
Federal Trade Commission (FTC)
Telephone Consumer Protection Act (TCPA)
Mobile Marketing Association (MMA)
Cellular Telecommunications Industry Association (CITA)
Canadian Telecommunication Association (CWTA)
The Compliance Basics
Collect express written consent during the opt-in process that outlines what new subscribers should expect after signing up for your program.
Mobile Terms & Conditions must be easily accessible for contacts.
Contacts must be able to easily opt-out of the program.
Help and Stop instructions should be included in at least one message a month to all contacts.
⚠️ Always consult with your legal team to ensure your program is in full compliance.
Message Compliance Requirements
Below you will find the components that are recommended to be included in different message types.
Call to Action (CTA)
Product Description
Reference cart reminders (if included in your program)
Message Frequency
Msg&Data rates may apply
Opt Out instructions, including STOP keyword
Privacy policy or link to policy
Complete Terms & Conditions or link to T&C
FCC PEWC disclosures (Recommended)
Opt-In Subscription Prompt
Program (brand) name or product description
Reference cart reminders (if included in your program)
Response Command (Reply Y)
Complete Terms & Conditions or link to T&C (Recommended)
FCC PEWC disclosures (Recommended)
Opt-In Welcome Message
Program (brand) name or product description
Message Frequency
Msg&Data rates may apply
Reply STOP to cancel
Customer service contact information (reply HELP for help, email address, or toll-free phone number)
One-Time or Recurring Ongoing Broadcast Messages
Program (brand) name or product description
Opt out information and customer service (Reply STOP to cancel; Help for help) messaging included monthly
Opt out instructions must be included in cart reminders
Compliance for Mandatory Messaging
Some compliance messaging must be sent at a specific cadence or contain specific information in certain types of messages.
Automated Help Messages
Program (brand) name or product description
Customer service contact information - email address or toll-free phone number
Opt out instructions (Reply STOP to cancel)
Automated Stop Messages
💡 These can also be triggered by texting Cancel, End, Unsubscribe, Quit, or any recognized opt-out request
Program (brand) name or product description
Confirm no additional messages will be sent
Compliance for Terms & Conditions
💡 Full terms and conditions can be included beneath a CTA or a link to the full terms and conditions can be located near the CTA.
Program (brand) name and/or product description
Reference cart reminders (if included in your program)
Msg&Data rates may apply
Customer Support contact information
"The mobile carriers are not liable for delayed or undelivered messages"
Additional Compliance for Subscription Programs
Message Frequency
Opt-Out instructions, including STOP keyword
Additional Recommendations
FTC PEWC disclosures
Changes of terms clause indicating the ability to change message frequency at any time
Privacy statement or link to privacy policy
Language indicating that texting STOP is the exclusive means to opt out
FCC Compliance
Prior Express Written Consent (PEWC)
PEWC applies to all recurring marketing programs as well as any one-off programs that will be sending more than one message, delayed messaging, and/or additional marketing content. To obtain PEWC, a user must:
Authorize the delivery of automated marketing messages
Unambiguously agree to receive texts at a phone number they designate
Be notified that they are not required to enter the agreement as a condition of purchasing any property, goods, or services
Provide a signed written agreement (under the e-sign act, an electronic sound symbol or process applies)
Example Message Copy: "Recurring automated marketing messages will be sent to the number used at opt-in. Consent is not a condition of purchase."
⚠️ Please treat the above copy as suggestions. All recommendations should be reviewed and approved with your legal team.
Information on Cart Reminder Texts
A messaging program with cart reminders must include a double opt-in via text
Double opt-in text language must include reference to cart reminders.
Cart reminder messages must include STOP to opt-out instructions
Cart reminder texts must be delivered within 48 hours
Only one text reminder may be sent per cart abandonment, per subscriber
Cart reminders must not result in the brand completing a transaction on behalf of the customer or process payment
The customer must complete the transaction themselves via a URL within the message to the ecommerce website
Privacy policy must explicitly state how information is captured by the site to determine (or define) when a cart has been abandoned (e.g. cookies or plugins)
Send Time & Frequency
Per the TCPA, text messages cannot be sent between 9PM and 8AM local time
Some states additionally increase Quiet Hours to between 8PM and 8AM
💡 A best practice is to send messages between 11AM-5PM local time.
No more than 3 marketing-based text messages can be sent to a contact in a 24-hour period – This does NOT include System Messages, Transactional Messages, Info Campaigns, or Subscription Confirmations (including double opt-in, age gate, etc.)
Additional Information
Enrolling a user in multiple programs based on a single opt-in is prohibited. You must receive consent for each program separately
Web CTAs should provide hyperlinks for Terms & Conditions and Privacy Policy
A standard rate program should not be promoted as "free" in the CTA as msg&data rates may apply