In the United States, the Federal Communications Commission (FCC) and the Cellular Telecommunications and Internet Association (CTIA) issue and maintain guidelines regarding messaging dos and don'ts.

The primary federal SMS marketing law in the U.S. is the Telephone Consumer Protection Act (TCPA). Since the TCPA was first passed in 1991, the legislation has evolved considerably, especially with the expansion of telemarketing and robo-texting provisions. Text message sends have exploded nationwide, zooming past two trillion in 2021 alone.

At a high level, the TCPA requires all businesses to do the following:

• Obtain express written consent from customers before sending SMS marketing messages

• Secure an individual’s written consent in a clear, conspicuous manner

• Give consumers the option to opt out of future business communication at any time

On the CTIA side, there’s the recently established 10-Digit Long Code (10DLC) program. Designed to improve the SMS experience and communication reliability, it requires businesses to: 

• Register phone numbers with a recognized messaging service provider

• Procure a Trust Score from the CTIA to address spam or fraud concerns

• Adhere to strict rules that control aspects like commercial message content and volume
  
  

Aside from reputational harm, brands that fail to comply with TCPA or 10DLC norms often experience hefty financial and legal penalties. As a result, business leaders must fully understand the SMS regulatory landscape and ensure compliance with all applicable laws and guidelines.