I’ve received a lot of questions on text messaging, so I’m breaking it out into it’s own post. I’m not listing the legal cases here b/c they’re everywhere now. If you’re going to send someone text messages, make sure your documentation is clear, conspicuous and unambiguous. Seems here that if there is a question of an unsolicited text, you have to prove consent ……like zero confusion here.
- Don’t bury your opt in.
- Make the customer check a box.
- Document and prove your opt-ins.
- Marketing texts must be sent through short codes as opposed to long codes.
- Two opt-ins are better than one. This is called a double opt-in. The consumer responds back to your request that they receive your marketing texts.
I’ll defer to Twilio regarding the opt-in disclosures for receiving text messages. Can you make this part of your written opt-in? Sorry, not sure.
Additionally, the FCC has some short and concise information on both email and text messaging here. Not sure how definitive it is, but it’s something.
This article from Experian titled SMS compliance: What you don’t know CAN hurt you is extremely helpful.
