FCC Laws Regarding SMS Marketing To Change ***Important***
Effective October 16, 2013 the Federal Communications Commision (FCC) is amending the TCPA (Telephone Consumer Protection Act) Act of 1991 REQUIRING expressed WRITTEN permission to send “commercial” or “marketing” messages to a mobile phone subscriber. SMS notifications and alerts or links to web content are excluded. This new requirement applies to advertising or promotional messages that contain a call to action, offer, discount, etc.
In order to conduct SMS Marketing you will now need to follow a double opt-in process or web opt in compliant with the Federal E Sign Act. In which the subscriber is advised unambiguously the following information prior to official opt-in:
I consent to receive SMS messages from [ADVERTISER] at this number. I understand that consent is not a condition of purchase. Reply Y to confirm and E-sign.
Your original opt-in confirmation should be inserted as the second message and the confirmation keyword set to be Y.
We will publish more information on this subject as it comes available after we speak with the Mobile Marketing Association and our Aggregators regarding further explanations and best practices.
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