Text Message Regulations

Text message regulations refer to the legal and industry-specific guidelines governing the use of text messaging for communication. As a popular and convenient medium for personal and business communication, text messages have become subject to various laws and standards aimed at ensuring privacy, security, and fair practices.  

Key Components of Text Message Regulations 

Text message regulations comprise several critical elements: 

Consent Requirements

Regulations often require businesses to get clear and informed consent from recipients before sending them marketing messages. For example, the European Union’s (EU’s) General Data Protection Regulation (GDPR) outlines strict consent requirements for collecting and using personal data, and they mandate that organizations provide an easy way for recipients to opt out of further messages.  


Message Content

Regulations may specify the type of content allowed in text messages, particularly in the context of marketing. This includes rules regarding deceptive or fraudulent content. Many industries have their own regulations related to this. For example, the finance sector is particularly vigilant about message content and has a number of rules and requirements related to promoting transparency and honest practices.  


Data Protection

Text message regulations often fall under data protection laws, such as the GDPR and the California Consumer Privacy Act (CCPA) which regulate the collection, storage, and processing of personal information such as phone numbers, text messages, and consumer preferences. Text message retention requirements must be closely followed.  


Anti-Spam Measures

To combat text message spam, regulations may require businesses to adhere to strict anti-spam measures such as frequency limits. For example, the US CAN-SPAM Act and the UK Privacy and Electronic Communications Regulations both regulate how businesses can use text messages for marketing or other purposes.  


How to Stay on the Right Side of Regulations: Text Message Best Practices 

Obtain Clear and Informed Consent: 

  • Provide potential subscribers with a detailed explanation of what they can expect to receive when they sign up for text messages. 
  • Include a link to terms and conditions that outline the kind of messages they will receive and how often.  
  • Make sure that your opt-in mechanisms are transparent and user-friendly, such as a checkbox to click if they choose to receive messages.  

Implement Opt-Out Mechanisms: 

  • Clearly state opt-out instructions in every message. For example, “To stop receiving messages, reply STOP.” 
  • Honor opt-out requests immediately.  
  • Once a recipient opts out, don’t send them any further text messages. 

Secure Personal Data: 

  • Protect personal data by using encryption and secure data storage systems.  
  • Make sure that access to this information is limited to authorized employees only. 
  • Conduct regular security audits and vulnerability assessments to identify and address potential weaknesses in your data handling processes. 

Monitor Message Content: 

  • Review text message content for clarity and transparency.  
  • Don’t use deceptive practices like misleading subject lines, false claims, or misrepresentations in your messages. 
  • Use a compliance checklist before sending any marketing messages. 

Keep Records: 

  • Maintain a record of subscriber consent, including the date and time of their opt-in, as well as the mechanism used (e.g., web form, keyword opt-in). 
  • Create a system for tracking opt-out requests and the removal of subscribers from your list. 
  • Keep these records for a specified period to demonstrate compliance during audits or investigations. 

Respect Recipients’ Preferences: 

  • Segment your subscriber list so you can send tailored content to different groups instead of sending everything to everyone. 
  • Provide options for subscribers to choose the type of content they want to receive and how often. 
  • Avoid sending messages during unsociable hours or too frequently. 

How LeapXpert Can Help 

The best way to ensure full compliance with all regulations when it comes to using text messaging is with a solution like The LeapXpert Communications Platform, which provides an easy and secure way to capture, store, and manage all text conversations, regardless of the application or platform used.   

Click here to set up a demo.