At SmsFactory, we take messaging compliance very seriously. We are committed to helping our customers send messages responsibly and in accordance with applicable laws, regulations, and industry best practices. This document provides a general overview of messaging compliance. It is not exhaustive and should not be considered legal advice. You should consult with your own legal counsel to ensure your messaging practices comply with all applicable laws and regulations.

Key Principles of Messaging Compliance

• Consent (Opt-In): Before sending marketing messages, it’s crucial to obtain prior express consent from the recipient. This means the recipient has clearly agreed to receive messages from you. The specific requirements for consent can vary, but the general principle is that the recipient must take an affirmative action to indicate their agreement.
• Identification: Your messages should clearly identify who you are (SmsFactory or your business name if you are a customer of SmsFactory). Recipients should not have to guess who is sending the message.
• Opt-Out Mechanism: All messages (especially marketing messages) must provide a clear and easy way for recipients to opt-out of receiving future messages. This is often done by allowing recipients to reply with a keyword like “STOP” or “UNSUBSCRIBE.” You must honor these opt-out requests promptly.
• Message Content Restrictions: Certain types of message content may be prohibited or restricted. This can include content that is fraudulent, deceptive, abusive, or harmful. There may also be restrictions on sending messages related to certain industries or products.
• Sending Practices: There are best practices related to the *way* you send messages. This includes things like avoiding sending messages at inappropriate times (very early or very late), managing the frequency of messages to avoid overwhelming recipients, and adhering to any throughput limitations (the number of messages you can send per second or per day).

Understanding Consent

Consent is a cornerstone of compliant messaging. There are different levels of consent, and the appropriate level can depend on the type of message you are sending.

• Express Consent: This is the highest standard of consent. It requires the recipient to take a clear, affirmative action to agree to receive messages. Examples include:
  • Checking a box on a web form that clearly states they are agreeing to receive SMS messages.
  • Texting a keyword to your short code or long code after being clearly informed that doing so constitutes consent.
  • Providing written consent (e.g., signing a physical form).
• Implied Consent: Implied consent is a less strict form of consent. It may arise from an existing business relationship. However, relying on implied consent can be risky, and express consent is always preferred, especially for marketing messages. *Always consult with legal counsel if you plan to rely on implied consent.*

Opt-Out Requirements

Providing a simple and effective opt-out mechanism is critical. Here’s what you need to know:

• Clear Instructions: Your messages should clearly explain how to opt-out. Common phrases include “Reply STOP to unsubscribe” or “Text STOP to opt-out.”
• Immediate Processing: You must honor opt-out requests promptly. Ideally, this should be automated. If someone replies “STOP,” your system should immediately prevent any further messages from being sent to that number.
• No Fees or Charges: It should be free for recipients to opt-out. You cannot charge them for sending the opt-out message.

Content Restrictions

Certain types of message content are generally prohibited or restricted. These restrictions can be based on laws, regulations, or carrier guidelines. Examples include:

• Fraudulent or Deceptive Content: Messages that are intended to mislead or defraud recipients are strictly prohibited.
• Abusive or Harmful Content: Messages that are harassing, threatening, or otherwise abusive are not allowed.
• Sensitive Content: There may be restrictions on sending messages related to sensitive topics, such as certain financial products, health information, or political campaigns. Always check for specific regulations related to these areas.
• SHAFT Violations: Content related to Sex, Hate, Alcohol, Firearms, or Tobacco is often subject to strict regulations or outright prohibitions.

Best Practices for Sending Messages

Beyond the legal requirements, there are several best practices to follow:

• Message Timing: Avoid sending messages at unreasonable hours.
• Frequency: Don’t send too many messages. The appropriate frequency will depend on the context, but avoid overwhelming recipients.
• Personalization: When appropriate, personalize your messages. This can make them more relevant and engaging for recipients.
• Clear Call to Action: If you want the recipient to take a specific action, make it clear what you want them to do.
• Testing: Before sending a large campaign, test your messages on a small group to ensure they are delivered correctly and look as intended.

Consequences of Non-Compliance

Failure to comply with messaging regulations can have serious consequences, including:

• Fines and Penalties: Regulatory bodies can impose significant fines for violations.
• Legal Action: Recipients may have the right to take legal action against you.
• Service Suspension: Your messaging service provider (like SmsFactory or Twilio) may suspend or terminate your account.
• Reputational Damage: Non-compliance can damage your reputation and erode trust with your customers.

Contacting SmsFactory for Support

If you have any questions about messaging compliance, please don’t hesitate to contact us at contact@sms-factory.com. We are here to help you navigate these requirements and ensure your messaging campaigns are successful and compliant.