Does the Do Not Call List Apply to Text Messages

The Do Not Call List has been in place since 2003, and it's meant to protect consumers from unwanted telemarketing calls.

The list applies to both residential and wireless phone numbers.

You can register your number on the National Do Not Call Registry, and it's free.

However, the registry doesn't cover all types of calls, like those from charities, political organizations, or companies you've done business with in the past.

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The FCC has taken steps to protect consumers from unwanted text messages by issuing a new rule that requires mobile wireless providers to block certain spam texts that are highly likely to be illegal. This rule targets illegal text messages, including those made with an autodialer and sent without the necessary consent.

The FCC is also proposing to extend Do-Not-Call protections to marketing text messages, which means that before sending a marketing text to consumers, the texter must have the consumer's prior express invitation or permission. This permission must be evidenced by a signed, written agreement between the consumer and seller.

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The proposed rule would also require mobile wireless providers to add numbers to the Do-Not-Originate list and block them at the network level without requiring consumer opt-in or opt-out. This means that if a number is listed on the National Do Not Call Registry, you cannot send marketing texts unless the person has provided consent.

Here's a brief summary of the key points:

The FCC is seeking further input on several issues related to spam text messages, including requiring terminating mobile wireless providers to block text messages when notified by the FCC that they are likely scams.

To obtain prior written consent, you must receive clear, documented permission from the recipient before sending any promotional or marketing texts. This consent must be written, unambiguous, and specific to text messaging.

You can't just assume someone is okay with receiving texts from your business - you need to get explicit permission. Obtain written consent through forms on your website, in-store sign-ups, or at events.

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This consent must be verifiable, so keep a record of when and how you collected it. You can't just rely on someone's word or a verbal agreement.

You can't use consent collected for one purpose for another purpose, such as using email consent for text messages. Each type of communication requires its own separate consent.

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Text messages are treated like phone calls under the TCPA, so if a number is listed on the National Do Not Call Registry, you can't send marketing texts unless the person has provided consent.

The FCC is proposing to extend Do-Not-Call protections to marketing text messages, requiring texters to have prior express invitation or permission from the consumer before sending a marketing text.

To stay compliant, you must respect opt-out requests immediately, ceasing messaging right away when a recipient replies "STOP" or uses another recognized opt-out command.

One confirmation message is allowed, but no further marketing content should follow.

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Here are some common mistakes that lead to SMS compliance failures:

Transactional texts, like order confirmations or appointment reminders, don't require the same level of consent as marketing texts. However, any promotional content must meet TCPA standards.

The distinction between transactional and marketing messages is crucial when it comes to sending text messages. Transactional messages are more about completing a transaction or fulfilling a service, whereas marketing messages aim to promote a product or service.

Any promotional content sent via text message must comply with TCPA standards, which regulate how businesses can contact customers through text messages. This includes obtaining the necessary consent before sending marketing messages.

Marketing messages require a higher level of consent, but the specifics of what constitutes consent can be complex. Businesses should familiarize themselves with TCPA guidelines to avoid any potential issues.

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To stay compliant with text messaging regulations, it's essential to understand the common mistakes that can lead to SMS compliance failures. Assuming consent for email or calls applies to SMS is a costly error, as consent must be obtained specifically for text messaging.

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Failing to act on opt-outs in real time is another critical mistake, as it can lead to serious consequences, including fines and lost customer trust. Sending messages outside the allowed time window, using purchased or third-party lists without valid proof of consent, and neglecting to scrub contact lists regularly are also common errors.

Here are some compliance best practices to keep in mind:

By following these best practices, you can reduce the risk of fines and lost customer trust, and maintain speed and efficiency in your outreach efforts.

Assuming consent for email or calls applies to SMS is a costly error. This mistake can lead to serious consequences, including fines and lost customer trust.

Failing to act on opt-outs in real time is another frequent mistake. This means not removing customers from your list immediately when they request to be unsubscribed.

Sending messages outside the allowed time window is a common error. This can vary depending on the country or region, but it's essential to stay informed about the specific rules in your area.

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Using purchased or third-party lists without valid proof of consent is a serious mistake. This can lead to fines and damage to your reputation.

Neglecting to scrub contact lists regularly is another common error. This means not removing outdated or incorrect contact information, which can lead to non-compliance.

Omitting sender identification or opt-out instructions is a basic mistake. This can make it difficult for customers to identify the sender and opt out of future messages.

Here are some common SMS compliance mistakes listed out:

Staying Compliant at Scale is crucial for businesses with teams operating across departments, systems, and channels. Automating SMS suppression and consent tracking is essential for reducing risk and maintaining speed.

Managing compliance manually is a daunting task, especially for large teams. It's like trying to hold water in your hands, it's just not possible.

PossibleNOW offers solutions designed to keep businesses compliant without slowing down their outreach. Their tools help document consent, monitor opt-outs, and generate audit-ready logs.

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DNCSolution from PossibleNOW provides real-time list scrubbing across national, state, and internal DNC lists before a text ever goes out. This ensures that businesses are compliant with the law from the start.

Their TCPA compliance tools help businesses stay on the right side of the law by monitoring opt-outs and generating audit-ready logs. This provides peace of mind for businesses and protects them from potential fines.

MyPreferences centralizes opt-in and opt-out management across SMS, email, and voice, providing consistency across all touchpoints. This makes it easier for businesses to manage their compliance and reduce risk.

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