Think getting subscribers to opt-in is "optional" with text message marketing? Think again! Telecommunications industry apply and are much stricter than CAN-SPAM.

1. momares.com http://www.momares.com/blog/why-text-message-marketing-must-always-be-opt-in/
Why Text Message Marketing Must Always Be Opt-In
Are you afraid of giving your mobile number to businesses? When it comes to text message marketing, many still
believe if they give their mobile number, it’ll be sold and they’ll get unsolicited texts.
But this should never happen. Companies are legally required to get consent (or opt in) or they’ll face
consequences.
Breaking the Rules = Heavy Fines from the FCC
Texting users without permission can bring down heavy fines and significant penalties from the FCC. Those fines
can reach up to $1,500 per text, per person. This is covered under the Telephone Consumer Protection Act (TCPA)
of 1991 (PDF), which was amended to cover SMS in 2012 by the FCC. The TCPA makes it mandatory for
businesses to receive “prior express written consent” before texting consumers.
Know the Legal Requirements of Text Marketing
Momares’ text and text-to-win programs are designed to only text to those who opt-in. This ensures clients don’t
inadvertently run afoul of the legal requirements. Our recent blog post on the legal rules of text messaging covers
everything that you need to know before you start your campaign.
Is Your Program in Compliance? Ask Yourself These Questions
Before you launch your campaign, be sure you can answer YES to all of the following questions. This ensure you
are indeed establishing a respectful and lawful relationship with your subscribers:
1. Are you sending text messages only to users who have provided express consent per MMA regulations?
2. As part of that consent, are all programs and instructions, including message and data rates, program terms
and privacy policies clearly displayed with all opt-in promotions?
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2. 3. Have you taken steps to ensure the user’s consent applies only to the specific program for which the user
opted-in and the consent has not been treated as approval for other programs?
4. Are you using double opt-in for subscribers who join the program via a Web form or other method? (In many
cases, texting from a mobile phone is the one time that a single opt-in should be permitted.)
5. Have you communicated that opt-out (STOP) and assistance (HELP) mechanisms are available at the time of
opt-in?
6. Are all opt-out requests honored within 72 hours of receipt?
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