Comprehensive SMS Text Policy
1. Introduction
This policy outlines the guidelines for sending SMS messages to ensure compliance with the Federal Trade Commission (FTC) regulations and to protect the privacy and rights of recipients.
2. Purpose
The purpose of this policy is to ensure that all SMS communications are conducted legally, ethically, and respectfully, protecting both the organization and the recipients of the messages.
3. Scope
This policy applies to all employees, contractors, and third-party service providers involved in the creation, approval, and sending of SMS messages on behalf of the organization.
4. Compliance with Laws and Regulations
All SMS communications must comply with the following regulations:
- Telephone Consumer Protection Act (TCPA)
- Controlling the Assault of Non-Solicited Pornography And Marketing (CAN-SPAM) Act
- FTC Act
- Other relevant state and federal laws
5. Obtaining Consent
- Prior Express Consent: Obtain prior express written consent from recipients before sending any promotional or marketing SMS messages. Consent must be clear, conspicuous, and obtained through a compliant opt-in process.
- Documentation: Maintain accurate records of consent, including the date, time, and method by which consent was obtained.
6. Message Content
- Identification: Clearly identify the sender in each SMS message.
- Opt-Out Mechanism: Include an easy and free method for recipients to opt out of future messages (e.g., “Reply STOP to unsubscribe”).
- Message Frequency: Clearly state the expected frequency of messages at the point of opt-in.
- Honesty and Transparency: Ensure all messages are truthful, not misleading, and accurately represent the sender and purpose.
7. Timing and Frequency
- Timing Restrictions: Do not send SMS messages to recipients outside of permissible hours (typically between 8 AM and 9 PM in the recipient’s local time zone).
- Frequency Limits: Respect the stated message frequency and avoid sending excessive or unsolicited messages.
8. Data Privacy and Security
- Confidentiality: Protect the confidentiality and security of personal data collected from recipients.
- Data Use: Use personal data only for the purpose for which it was collected and as agreed to by the recipient.
- Data Retention: Retain personal data only as long as necessary to fulfill the purpose of the SMS communication and in accordance with applicable laws.
9. Opt-Out and Unsubscribe Requests
- Prompt Action: Honor all opt-out and unsubscribe requests promptly, typically within 10 business days.
- Confirmation: Send a confirmation message to the recipient once they have successfully opted out, if required by law.
10. Monitoring and Enforcement
- Regular Audits: Conduct regular audits to ensure compliance with this policy and relevant regulations.
- Training: Provide regular training to employees and contractors on SMS compliance requirements and best practices.
- Violations: Address any violations of this policy promptly and take appropriate disciplinary action.
11. Third-Party Service Providers
- Due Diligence: Conduct due diligence to ensure third-party service providers comply with this policy and relevant regulations.
- Contracts: Include compliance requirements in contracts with third-party service providers.
12. Policy Updates
- Regular Review: Review and update this policy regularly to reflect changes in laws, regulations, and best practices.
- Notification: Notify all relevant parties of any changes to this policy.
13. Contact Information
- Inquiries: Provide a contact point for recipients to address any inquiries or concerns regarding SMS communications.
- Complaints: Establish a process for handling complaints promptly and effectively.
14. Accountability
- Responsibility: Assign a designated compliance officer responsible for overseeing adherence to this policy and handling any compliance-related issues.
By adhering to this comprehensive SMS text policy, we aim to maintain the highest standards of compliance and respect for our recipients' privacy and preferences.