What is SMS compliance?

SMS compliance is adherence to a set of country- and region-specific laws and regulations that regulate advertising via SMS. These laws protect consumers from receiving spam and other unsolicited and unwanted messages and prevent various privacy violations.

You should be aware of the crucial aspects of SMS compliance before compiling your SMS subscriber list and sending SMS messages to desired recipients. Non-compliance with these regulations may result in hefty fines, typically much higher compared to other marketing channels.

7 best practices for sending compliant SMS messages

The following recommendations will help you stay compliant with SMS marketing rules.

1. Never text anyone without their prior consent

Get consent from your SMS contacts before sending them text messages. Written consent is ideal because it is clear evidence that someone opted in to receive SMS marketing messages from you.

Here are 4 best practices to follow:

  1. Send SMS messages only to persons who have opted in. This rule applies to all promotional SMS types, including campaigns and flows.
  2. Don’t use opt-ins for email messages to include subscribers in your SMS marketing. Potential recipients should specifically agree to receive SMS.
  3. Use disclosure language in your embed forms, popups, checkout pages, emails with opt-in links, etc., to clarify to your subscribers what they agree to if they opt in. 
  4. Make sure your subscribers give their consent directly to your company. A single consent cannot be shared between 2 or more brands or businesses.

2. Make unsubscribing easy

Always give your subscribers a straightforward way to opt out of receiving further messages from your SMS campaigns and flows. 

Use one of the following methods:

  • Add an opt-out keyword (e.g., STOP, QUIT, or UNSUBSCRIBE)
  • Include an opt-out URL
  • Provide your customer support email address or contact number

3. Don’t include prohibited content 

Mobile carriers consider specific topics unacceptable and refuse to deliver them to recipients. Using prohibited content in your messages can result in content filtering and, in extreme cases, blocking the sending number.

Prohibited topics are those that mention:

  • Illegal substances
  • S.H.A.F.T.
    • Sex
    • Hate
    • *Alcohol
    • Firearms
    • Tobacco and CBD
  • Gambling
  • Debt collection/forgiveness
  • High-risk financial services, including cryptocurrencies
  • Multi-level marketing

*Some countries allow alcohol-only brands to use SMS marketing through age-gating.

4. Don’t send SMS messages during quiet hours

It’s illegal to send SMS messages during specific times of the day, generally known as quiet hours. While these hours vary by country and region, you should avoid sending SMS messages:

  • Before 9. A.M.
  • After 8 P.M.

For specific times for each country, check country-specific SMS laws and regulations.

5. Include your company or brand name in the body of an SMS

Don’t forget to let your subscribers know who they’re receiving messages from. If you leave out this information, your subscribers may think that your SMS messages are spam and report the sender.

There are several ways to include this information:

  1. Start the message with your company or brand name.
  2. Mention the name of your company or brand in the text of your SMS message.
  3. Include a branded sender ID (UK or Australia only)
  4. Send a virtual contact card in your welcome SMS messages (U.S. and Canada only)

6. Adhere to abandonment flow guidelines (U.S. only)

Follow these guidelines for all shipping cart abandonment flows if the recipients are in the States:

  • Always use double opt-in
  • Don’t send more than 1 SMS to a recipient
  • Send the text message no later than 48 hours after the cart abandonment

While not enforced by the carriers, these guidelines are also recommended for other abandonment flows, including browse abandonment.

7. Other SMS requirements (Canada only)

These are the recommended elements for sending SMS messages to recipients in Canada, especially when using a short code:

  • Program name
  • Call to action
  • Way to get help
  • Way to opt out
  • “Std. Msg&Data rates may apply” (if your SMS contains a link)

Want to make sure that your SMS messages are always compliant with SMS rules and regulations? Use a marketing automation platform like Klaviyo to streamline SMS compliance processes.

Klaviyo supports audiences from the U.S., UK, Canada, Australia, New Zealand, France, Germany, the Netherlands, Ireland, Austria, Spain, and Switzerland. Sign up for Klaviyo today to start sending compliant SMS messages and simplify your marketing efforts.

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