SMS Compliance

U.S. Congress passed the Telephone Consumer Protection Act to control how companies can use text messaging services to reach out to their consumers. The TCPA’s regulation boils down to the following statement: Consumers have the right not to receive unsolicited marketing communications via SMS, and companies should not send consumers automated SMS marketing text messages unless they have obtained a consumer’s prior express written consent. Opt-in popups and forms inside Postscript (and through third-party app integrations) are built to compliantly collect express written consent. Consumers can unsubscribe from your SMS list at any time.

The Cellular Telecommunications Industry Association represents the wireless communications industry in the United States and sets forth messaging principles and best practices enforced by the carriers. This is a set of voluntary best practices that help maintain the trust that consumers have in SMS as a marketing and brand communications channel. Maintaining a good experience for your subscribers beyond what is legally required is a fundamental part of Postscript’s way of doing SMS.

National TCPA standards serve as the floor for messaging compliance. As the prevalence of SMS marketing has increased, we are monitoring an increasing trend toward state-specific standards that exceed federal requirements. Because shops are sending texts to subscribers across the country, state-specific legislation usually affects all shops. The Amendments to the Florida Telemarketing Act and the Florida Do Not Call Act (CS/SB 1120) signed on June 29, 2021, is a recent example of such legislation. Within a week of its signing, Postscript had notified all customers of the upcoming changes, and we released two product updates to help our customers adhere to the new legislation with as little effort as possible on their end.

Mobile carriers are wireless service providers, such as AT&T, Verizon, T-Mobile, and Sprint. In addition to following the CTIA, carriers also impose rules and regulations around SMS marketing. We maintain strong relationships with the mobile carriers to help craft and know about compliance changes in advance—and take proactive steps to meet them.