Text Messaging: What Can and Can't You Send?

Get your Messaging Uses Cases eBook, free: http://www.commio.com/messaginguses-ebook

When it comes to text messaging campaign rules, there are A LOT—and they vary by industry and campaign type. If you work for an agency or provider that deals with a wide spectrum of companies, it can feel almost impossible to keep up. Fortunately, you can find all of the common use cases in Commio's comprehensive guide, including:

Which SMS/MMS use cases the DCAs/carriers allow

Which use cases will always be rejected (think SHAFT!?)

How to identify which is which to keep your messages flowing

Know what works and what doesn’t—before you submit your campaign to the carriers. 

Download your complimentary eBook now, from Commio:
http://www.commio.com/messaginguses-ebook

Learn more about Commio at commio.com.

Transcript

Tim, welcome to the CommioCast. I'm Tim McLain, Commio's Director of Marketing, thanks for tuning in. Here. We talk about all things cloud communications, think modern calling and text messaging and more, all in the cloud. In this episode, as always, our hosts, Micah and Kali join us from their virtual recording studio at notebook LM guys take it away.

Ever sent a simple text message for your business? You know, something like a quick appointment reminder or flash sale announcement? Sure turns out something as seemingly straightforward as business texting in the US, oh yeah, opens up a Pandora's box of regulations. No, really does. So buckle up, because in this deep dive, okay, we're gonna navigate the surprisingly complex world, all right, of what's allowed, okay, what's absolutely off limits, yeah, and everything in between. It's a lot, I know, right? 

It's fascinating how something as ubiquitous as texting, yeah, can become so intricate when you add the business element, right? We'll be using Commio's 2024, messaging use cases, ebook as our guide. Oh, cool. It breaks down the legal landscape of A to P, messaging, PP, yeah, that stands for Application to person, okay, which is the official term for business texting. ATP, got it. There you go. So why all the regulations? Solid texting is new? Well, the US takes consumer protection pretty seriously. Think about it, yeah, ATP, messaging is a direct line to people's pockets. Oh, the regulations are there to prevent spam, right, scams and unwanted messages from flooding that channel. That makes total sense, yeah, but doesn't that make things difficult for businesses who just want to connect with their customers? It definitely adds a layer of complexity, right? But it also creates a remarkably clean communication channel. Okay, did you know that ATP messages have a 98% open rate? That's huge. That's amazing. But to leverage that power, you have to play by the rules. Okay, I'm seeing the trade off here. High engagement comes with high responsibility, absolutely. So how does this ebook break down the do's and don'ts of business texting? 

Well, it divides the use cases into two main categories, allowed with restrictions and disallowed. The allowed with restrictions section is where things get really interesting, restrictions, huh? Give me an example. Okay, let's say I'm a bank wanting to send fraud alerts to my customers. Sure, that seems pretty straightforward. You'd think so, right? Yeah. But even bank fraud alerts, okay, something designed to protect consumers, come with a long list of requirements, really. For instance, okay, they can only be sent to numbers the customer has provided, right? And you can't sneak in any marketing content. Wow, I see what you mean by restrictions. Yeah, I wouldn't have thought of that. And there's more. Oh, no, the number of alerts is limited, and you absolutely must include opt out instructions. Got it so even seemingly simple use cases like this, right, require meticulous attention to detail to stay compliant. Okay? Point taken, yeah, what about something like a donation campaign? Okay? Can nonprofits use texting for fundraising? They can. 

But again, there are caveat, caveats, like well, providers like Commio can handle sending the messages, okay, they can't facilitate the mobile billing aspect. Oh, I see. And things get even trickier with carriers like T Mobile, which have a specific stance on mobile giving outside of direct carrier billing. So navigating the Mobile Giving landscape requires understanding not just general regulations, but also specific carrier policies. Exactly got it. Now let's talk about age gated campaigns. Okay, think about things like adult content or information about products like alcohol or tobacco. The need for robust age verification is paramount here, right? I'm guessing a simple yes agree to confirm age isn't gonna cut it, nope, not even close. Okay, the regulations demand a much more secure system. 

The eBook even provides examples, oh my asking for a birth date in a specific format, for instance, okay? To really ensure that you're reaching the appropriate audience, you know, it's not just about what you send but also who you send it to precisely, and this attention to detail extends to all sorts of use cases. Okay, take emergency alerts for example. Okay, emergency alerts, yeah. What's the catch there? The guide stresses the importance of including a disclaimer, okay, about carrier liability for delayed or undelivered messages, right? Especially for time sensitive alerts, yeah, you need to make it clear that factors beyond your control might affect delivery. I can see why that's crucial. You wouldn't want someone missing a critical alert, right because of a network issue, exactly, and we've only just scratched the surface. Oh, wow. Financial Services, payment reminders, even political.

Campaigns, wow. All allowed, okay, but each with its own set of rules and restrictions to keep things ethical and above board. Okay? So the allowed with restrictions category is basically a minefield, you could say that, of specific rules and guidelines for different use cases. Yeah, okay, and that's where things like this ebook and working with a knowledgeable provider like Commio become invaluable, makes sense? Yeah. Now let's switch gears and talk about the disallowed category. Okay, these are the things that are just straight up. No Go's when it comes to business texting, right? Exactly. And this is where things get a bit more straightforward, but there are still nuances to understand. Obviously anything related to phishing, fraud or scams is completely off limits, right? That includes deceptive marketing tactics like pyramid schemes, of course, and of course, any content that's illegal or promotes illegal activity, okay? That makes sense. Yeah, those are the obvious bad actors, right? But then there are more specific categories that are generally prohibited, okay, debt collection, high risk loans, yeah, and anything that falls under the acronym, shaft. Shaft sounds intense. It is, what does it stand for? It stands for sex. Oh, got it. Alcohol, firearms and tobacco, including cannabis and CBD. Oh, wow. These topics are generally off limits due to their sensitive nature and the varying state and federal regulations surrounding them. So even if cannabis is legal in my state, I can't send out marketing texts about it. That's generally the case. 

Yes, okay, the regulations around cannabis are complex, right? And it's easier for providers to simply avoid it altogether. Got it? Yeah? So no shady texts about getting out of debt or scoring a quick loan. Oh, and definitely no unsolicited messages about, well, anything shaft related you got it, okay. And one more important disallowed category to mention is lead generation. Lead Generation, you mean like collecting people's contact information, yeah, and selling it to other companies. Exactly. Okay, any campaigns involving lead generation or sharing user data with third parties are a big no no, yeah, in the world of ATP messaging, yeah, okay, so no more of those random texts asking if I want to sign up for something I've never heard of, right? And one final point worth mentioning in this disallowed section is the use of shared short codes. Shared short codes, yeah, what are those? They're short codes that multiple businesses use. Oh, okay, but for security and control reasons, yeah, carriers are phasing them out in favor of dedicated numbers. So if I'm a business looking to send text messages, right, dedicated numbers are the way to go. Absolutely. 

They offer better deliverability, right, improved security, and ultimately create a more reliable messaging experience for everyone involved. Okay, so we've covered the basics, yeah, of the allowed with restrictions and disallowed categories, right? But I have a feeling there's a lot more nuance to unpack here. You're absolutely right. Oh, good. We've just scratched the surface. Oh, there's a whole world of fascinating details and specific scenarios to explore within these categories. Well, I'm all ears. Let's dive deeper in part two, well, let's start with the sector, okay, many wouldn't expect to be heavily regulated. Oh, okay, real estate, real estate, yeah, interesting. You might be surprised to learn there are specific guidelines for sending texts about home listings really so real estate agents can't just blast out property details right to anyone and everyone. Nope, well, real estate alerts like those for apartment Finders are generally allowed, okay. 

Campaigns tied directly to a realtor or property management company are looked upon much more favorably by carriers. So it's about establishing a clear connection between the sender, yes and the property being promoted exactly and just like many other restricted categories, right sharing user information with third parties or affiliate marketers is strictly prohibited. That makes sense. I wouldn't want my contact information ending up in the hands of random mortgage lenders or furniture sales people, precisely. Yeah. And this focus on consumer privacy extends to the insurance industry as well insurance Yeah, so there are special rules for texting about insurance too, you bet. Okay, the content provider has to be the direct insurer, right? Not some third party reseller got it, and any insurance quotes provided, yeah, must be solely for that specific insurers plans I see. So no insurance aggregators sending out a barrage of quotes that's correct from a bunch of different companies. The regulations aim to keep things transparent, yeah, and ensure consumers are dealing directly with legitimate insurance providers, right, not being bombarded with unsolicited offers. Okay? So transparency and user consent are big themes here. They really are. What about job?

Efforts, okay, can companies use texting to reach potential candidates? Absolutely. But again, there are caveats. Caveats, yes, the sender needs to be the direct hiring agency or the company itself. Got it. No third party recruiting firms or work from home programs are allowed. Interesting, yeah, so it's really about protecting job seekers from potential scams, right or misleading offers. That's a key aspect of it, yeah. And speaking of protecting consumers, okay, another area with strict regulations is loan campaigns loans. Uh huh, yeah, I can imagine those being heavily scrutinized. You're not wrong. Okay, only campaigns for direct lenders are allowed, right? And the message sender must be the loan originator, okay? And here's a big one, okay, verbal opt in is not permitted, so no more of those reply Yes, to get pre approved messages. Nope, wow. For Loan campaigns, everything needs to be documented and traceable. Okay, the regulations require a more formal opt in process, right, usually involving a separate mobile call to action or a web form. It sounds like the name of the game with loan campaigns is clear and documented consent. You nailed it, and that brings us back to a point we touched upon earlier, protecting consumer data, right, no sharing with third parties for loan offers got it okay, so we've covered real estate, insurance, job alerts and loans. We have what other allowed with restrictions? Categories are there? Well, we talked briefly about nonprofits and political campaigns, right? 

But they're worth a deeper dive, right? Nonprofits, for instance, yeah, need to have their status verified through the IRS, oh, including proof of a current and approved filing. So no pretending to be a charity just to send out text messages. Exactly? Transparency and accountability are crucial, right, especially when dealing with sensitive issues like charitable donations and speaking of sensitive let's talk about political campaigns. Okay, texting seems like a powerful tool for political outreach. It is, but I imagine there are a lot of rules surrounding it. You're absolutely right, especially when it comes to donations. Yeah, the regulations require clear opt in policies. I bet political fundraising can get a bit messy sometimes. That's why Transparency is key. Okay, the sender must be clearly identified, right? No hiding behind vague names or anonymous numbers. Got it, the message should include the political entity's name, website, yeah, and potentially their Fe C ID, okay, if they're involved in a federal election. So no more shady anonymous texts asking for campaign contributions. Ideally, no, yeah, the regulations aim to bring more transparency and accountability right to the world of political texting. Good. Now, let's shift gears a bit. Okay, what about those little reminder texts we get? Oh, yeah, you know, like payment reminders, right? Or abandoned shopping cart notifications? Yes, those are important. Ah, yes, I get those a lot. Those fall under the allowed with restrictions category as well, but they have their own set of limitations, okay, like, what? For example, yeah, payment reminders can include a way to pay directly through the text, okay, or suggest that a payment is overdue, so more of a gentle nudge than a debt collection tactic exactly got it. And shopping cart reminders, yes, those require a very specific double opt in process. Double opt in sounds intense. 

It is the initial call to action on the website. Needs to clearly state that shopping cart reminders are part of the messaging program, right then the user has to confirm their opt in via text message. Wow, that's a lot of hoops to jump through just to send a reminder. It seems like a lot, yeah, but it ensures users are fully aware of what they're signing up for, right, and that they genuinely want to receive those reminders. Okay? I can see the logic there, yeah. And I'm guessing these reminders can't be sent at any time you're right or with any content, they must be sent within a 48 hour window, okay, limited to one alert per abandoned cart, the content can't be pushy or include payment information. Got it. It's simply a friendly reminder with a link back to the website. So it's all about providing a helpful service without being aggressive exactly or taking advantage of the direct channel, and that leads us to one final category in this section, okay? Sole proprietors. Sole proprietors, yes. What makes them unique in the world of business texting? Well, they're individuals running businesses, okay, without a formal EIN number, right? They can send text messages under certain circumstances, but this category is often abused by spammers. Oh, okay, making things tricky. So it's not that sole proprietors are inherently bad, no, not at all. It's just that verifying their legitimacy is difficult, yeah, and preventing abuse becomes more challenging. That's a great way to put it, okay. It highlights the balancing act between support.

Supporting small businesses, right? And protecting consumers. This is all incredibly insightful, good. I'm glad to hear that we've covered so much ground. We have from age gated campaigns and loan restrictions to political messaging and shopping cart reminders. Yeah, there's one more allowed with restrictions category, right? I'm really curious about, okay, what's that? Sweepstakes and contests? Ah, yes, yeah, those are always popular, right? But they come with their own unique set of rules. Who doesn't love the thrill of potentially winning something I know, right? But before you launch your next text based giveaway, okay, there's a key legal concept you need to understand. Okay, what's that consideration? Okay, consideration sounds a bit lawyery. It does. What does it mean in the context of sweepstakes and contests? It basically boils down to Okay, whether participants have to give something of value to enter? Oh, okay, in legal terms, yeah, it's an exchange between parties. So like having to buy a product exactly, pay an entry fee to be eligible, okay? And this is where the distinction between sweepstakes and contests comes into play, right? Sweepstakes cannot require consideration. Got it, while contests can. So why is that? Yeah, what the different rules? Yeah, it's all about avoiding the legal gray area of lotteries. Oh, okay, if you require consideration. 

Yeah, it shifts from a game of chance right to something that might be perceived as gambling, okay, which has a whole other set of regulations that makes a lot of sense. Yeah, so how do the regulations ensure that sweepstakes stay on the right side of the law? Transparency is key. Okay? The eBook stresses the importance of making it crystal clear that no purchase or payment is necessary to enter a sweepstakes, okay? And you absolutely have to provide a free method of entry, so those no purchase necessary disclaimers we see everywhere, yeah, aren't just marketing fluff, right? They're actually legally mandated. You got it? Wow. They're there to protect both the organizers and the participants. Okay, so sweepstakes equal, no strings attached, right? What about contests? Okay, what kind of consideration is acceptable there? It could be something that demonstrates skill, okay, like solving a puzzle or completing a challenge, or it could be a creative entry, like a photo or video submission. Okay, the key is that winning is based on merit, right, not pure luck. So it's like those talent shows where you have to audition to compete. Yes, the act of auditioning is the consideration. That's a perfect analogy. Okay, cool. It's an exchange of value, right? The participants effort and talent in exchange for the opportunity to win. Got it Okay, so we've got consideration figured out. We do what other rules apply to sweepstakes and contests run via text message, clear and accessible rules are a must. They need to be prominently displayed on the website right associated with the promotion, and should cover all the essential details, like, what kind of details? Yeah, give me the rundown, everything a participant would need to know. 

Oh, the sponsor's information, eligibility criteria, how winners are chosen. Got it prize details and the dates the prizes will be awarded. Okay, it all needs to be spelled out clearly. Wow. That's a lot to include. It is running a sweepstakes or contest is more complicated than I thought. It definitely involves more than just picking a random name, right? You need to be meticulous about following the regulations to avoid any legal headaches. Okay, so we've covered the key differences between sweepstakes and contests. We have the importance of consideration and the need for transparent rules. Yeah, anything else we need to know about text based giveaways? One more crucial point, okay, the rules can't be generic. Okay, they must be tailored to the specific sweepstakes or contest. So no copy pasting the same rules for every promotion exactly got it. Each one needs its own unique set of rules that accurately reflect the details of that particular campaign. It seems like running a successful and compliant sweepstakes, it does for contest via text message, yeah, requires a good amount of legal know how it definitely does okay, but by understanding these regulations, businesses can create fun and engaging promotions, yeah, while staying on the right side of the law. Well, that brings us to the end of our deep dive it does into the fascinating world of business texting regulations. Yes, we've explored the allowed with restrictions and disallowed categories, unpack the nuances of specific use cases, right, and learned how to navigate the complexities of texting in a way that protects both businesses and consumers. It's been an incredible journey, I know, right? And what's truly fascinating is how much complexity lies beneath the surface of something as seemingly simple as sending a text message. I feel like I've gained a.

Whole new appreciation for the legal landscape surrounding business texting. I'm glad to hear that what started as a simple message can turn into a legal maze. Oh, yeah, if you're not careful, that's the truth. New technologies and communication methods are constantly emerging, and regulations are always adapting. That's right. So it's an ongoing learning process. It is. We'll have to revisit this topic in the future. I'm sure we will, and see what's changed. Yeah, it'll be interesting until then. Stay curious. Yes, stay informed, absolutely, and keep those text messages compliant. Great advice. Thanks for joining us on this journey, everyone. It's been a pleasure until next time. Happy texting. 

Building amazing experiences that engage and delight your customers is easy with Commio, our smart, reliable voice and messaging solutions are easy to implement and scale with you, so you can deliver more calls and texts be more competitive and save money. With Commio, you get peace of mind and happier customers, find out why 1000s of software platforms and enterprises trust Commio with their communications. Get a demo today at commio.com