US compliance & best practices checklist

Compliance restrictions

• Obtain prior express written consent from customers before sending SMS or MMS messages, or placing voice calls.
• Provide clear and conspicuous disclosures to customers about what they are consenting to and how they can opt-out of being contacted.
• Honor opt-out requests from customers and ensure that opt-out mechanisms are easy to use.
• Do not call customers on the FTC Do-Not-Call List or your internal Do-Not-Call List.
• Avoid sending SMS or MMS messages or making telemarketing calls before 8 AM or after 9 PM in the recipient's time zone, unless express consent has been obtained for such messages to be sent during those hours. Stricter rules may apply per state.
• Respect content restriction to avoid being blocked or additional fines.

Best practices

• Make sure you provide the recipient with value. Don’t send unwanted or unexpected messages.
• Avoid sending messages at a frequency that could be considered excessive or harassing.
• Use accurate and up-to-date contact lists to ensure that messages are going to the correct person.
• Use technology that can identify and block the numbers of recipients who have opted out.
• Train employees and contractors who are involved in SMS/MMS marketing to comply with TCPA and CTIA regulations.
• Keep detailed records of SMS/MMS/Voice marketing activities, including consent and opt-out requests.
• Have an attorney review your SMS/MMS/ Voice marketing policies and procedures to ensure compliance with TCPA and CTIA regulations.