Safety First

SMS Compliance

Texting isn’t just about great engagement – it carries serious legal weight. That’s why transparency, consent, and rules are at the heart of responsible SMS marketing.

Who Sets The Rules?

In the U.S., SMS compliance comes from two main sources. You need to obey both, to ensure your messages get delivered and stay valid in carrier systems.

TCPA (Telephone Consumer Protection Act):

This federal law treats marketing text messages like phone calls. If you don’t play by its rules, you risk fines.

  • No Spam ➜ Always obtain opt-in to send texts
  • Honor Opt-Outs ➜ Promptly remove numbers that opt out
  • Business Hours ➜ Text consumers at permitted times

CTIA (Cellular Industry Body):

The CTIA works with carriers to define extra guidelines (beyond the law) to keep the texting ecosystem clean.

  • No Spam ➜ The CTIA doubles down on defining SPAM
  • Misleading Texts ➜ No fake offers or bait-and-switch
  • Restricted Content ➜ Avoid sensitive or illegal content

What To Avoid

Hate Speech

Avoid any messages that promote discrimination, harassment, or hate toward individuals or groups based on any protected status.

Games of Chance

Refrain from promoting or facilitating poker, BINGO, betting, lotteries, or any games of chance that involve monetary stakes or prizes.

Controlled Substances

Avoid marketing or distributing alcohol, tobacco, vaping products, or controlled substances via text, especially to underage recipients.

Threats of Violence

Never send texts that contain, imply, or encourage physical harm, intimidation, or threats against any person or organization.

Adult Content

Never send sexually explicit or suggestive material through text messages; all content must be appropriate for general audiences.

Firearms

Do not promote, sell, or facilitate the exchange of firearms, ammunition, or related accessories through text messaging.

Types of Messages that Require Consent

Not every text is the same. Whether it’s a promo, a reminder, or a reply, you’ll need your customer’s permission.

  • Conversational: Two-way replies that are initiated by the user.
  • Transactional: Appointment reminders, order updates, system notices.
  • Promotional: Messages that try to sell, advertise, or drive action.

Because it’s often unclear whether a message is “informational” or “promotional,” it’s smart to treat everything as promotional and require express written consent.

How to Grow Your Audience

Whether contacts opt-in via Keywords or Web Forms, your call to action must include the following disclosures:

  • Purpose: Users get automated promotional messages.
  • Consent-Based: Opt-in is not required for purchase.
  • Frequency: Average number of messages per week/month.
  • Opt-Out: Instructions to end messaging (STOP, etc).
  • Disclaimer: Message/data rates may apply.
  • Terms: Include links to your terms and privacy policy.

Confirmation Text: Send a confirmation text including:

  • Identity: Confirm your business name or list purpose.
  • Frequency: Average number of messages per week/month.
  • Opt-Out: Instructions to end messaging (STOP, etc).
  • Disclaimer: Message/data rates may apply.
  • Terms: Include links to your terms and privacy policy.

Violations

TCPA Violations

Fines ranging from $500 to $1,500 per message, plus the potential for costly class-action lawsuits and permanent reputational damage.

CTIA Violations

Carriers can initiate audits of your messaging activity, issue formal warnings, or suspend your number for noncompliant content or practices.

Short Code Audits

If your short code program fails to meet CTIA or carrier standards, your short code may be suspended or permanently deactivated.

10DLC Violations

Carriers can shut down your toll-free or 10DLC number, block message delivery, or revoke registration if compliance standards aren’t met.

Prohibited Content

Sending prohibited material (such as hate speech, explicit content, or illegal content) can lead to message blocking and account termination.

Ignoring Opt-Outs

Ignoring “STOP” requests or continuing to message unsubscribed users can result in FCC complaints, carrier blacklisting, and federal penalties.

Customer Stories

Testimonials

Learn firsthand why our customers trust us with their marketing and mobile communication initiatives.

More Leads from Targeted Texts

We promote property inspections before hurricane season and it’s brought in more contracts.

★★★★★

Steven H.

Two-Way Job Alerts

We use the two-way inbox to notify clients about schedule changes and they really appreciate it.

★★★★★

Robert M.

Better Coupon ROI

We send out coupons to landlords for move-out repairs and it always gets a great response.

★★★★★

Kevin G.