Short answer
Marketing texts need clear opt-in consent, sender identification, working STOP and HELP replies, a registered sending number, and sending hours that respect time-of-day rules. Paid texts about a stock must also disclose the compensation, usually with a short note and a link to full details.
Consent comes first
Under FCC rules implementing the Telephone Consumer Protection Act, “prior express written consent” is a signed written agreement, which can be electronic, that clearly authorizes a seller to send telemarketing messages to a specific phone number. Many programs also state that consent is not a condition of any purchase. Keep a record of when, where, and how each person opted in.
What the opt-in must tell people
Industry messaging guidelines expect the sign-up point to show:
- the program or brand name and what the messages are about;
- message frequency;
- “Message and data rates may apply”;
- how to opt out by replying STOP and get help by replying HELP; and
- links to the program terms and the privacy policy.
After someone opts in, send one confirmation message that repeats the program name, frequency, rates notice, and STOP instructions.
STOP and HELP replies
When someone replies STOP (or similar words such as END, CANCEL, QUIT, or UNSUBSCRIBE), send one message confirming they've been opted out, then stop messaging them from that program. When someone replies HELP, respond with the program name and contact information.
Register the sending number
US carriers require business texting to be registered. Standard 10-digit numbers (10DLC) need the brand and each messaging campaign registered before sending; toll-free numbers go through verification; and short codes are approved through carriers. Registration reviewers check the opt-in process and the privacy policy.
The privacy policy line carriers look for
Messaging providers reject campaigns when the privacy policy suggests mobile numbers or opt-in data may be shared for marketing. The policy should state that mobile information and text-messaging consent will not be shared with third parties or affiliates for marketing or promotional purposes.
Sending hours
FCC rules bar telephone solicitations to residential subscribers before 8 a.m. or after 9 p.m., local time at the recipient's location, and marketing texts are generally treated the same way. Several states have their own telemarketing laws that can be stricter, so schedule sends inside the narrowest window that applies.
Paid texts about a stock
A text that publicizes a security for compensation must disclose the compensation and its amount under Section 17(b). Because texts are short, a common approach is a brief “Sponsored” or “Paid” note with a link to a page that lists who paid, how much, and the period covered.
Questions
Can a public company text its shareholders?
Only shareholders who have opted in to receive text messages from that program. Holding shares is not consent to marketing texts.
What happens when someone replies STOP?
They receive one confirmation that they've been unsubscribed, and no further messages from that program unless they opt in again.
Do we need to register before sending business texts?
Yes. US carriers require business texting from standard 10-digit numbers to be registered by brand and campaign, toll-free numbers to be verified, and short codes to be approved.