Text messages get read. That is exactly why carriers and regulators take business texting seriously. If you send texts to customers, whether appointment reminders or weekly promotions, there are rules about who you can text, how you get permission, and how people get to stop hearing from you.
This guide walks through the basics so you can use text messaging with confidence. It is general information, not legal advice. Because penalties for getting this wrong can be significant, have an attorney review your texting program before you launch.
Know the difference between informational and marketing texts
Not all texts are treated the same. An appointment confirmation, a shipping update or a reply to a customer’s question is generally considered informational. A coupon, a sale announcement or an invitation to buy is marketing.
The distinction matters because marketing texts carry stricter consent requirements. Under the Telephone Consumer Protection Act (TCPA), marketing texts require prior express written consent. If a single message mixes a reminder with a promotion, treat it as marketing.
What written consent looks like in practice
Prior express written consent means the customer clearly agreed, in writing, to receive marketing texts from your business at a specific number. Electronic agreement, such as checking a box on a web form or texting a keyword, can count when it is set up properly.
Good consent language typically makes these points clear:
- Who is sending the messages (your business name).
- What kind of messages the person will receive and roughly how often.
- That message and data rates may apply.
- That they can reply STOP to opt out and HELP for help.
- That agreeing is not a condition of making a purchase.
Keep records of every opt-in: the date, the method, the phone number and the exact wording the person agreed to. If a complaint ever comes up, those records are your proof.
A few things do not count as consent for marketing texts. Buying a list of numbers is not consent. Neither is the fact that someone gave you their number on an invoice or called your office. When in doubt, ask for explicit permission.
Register before you send: 10DLC
Most small businesses text from a regular 10-digit phone number. In the US, business messaging from these numbers, known as A2P 10DLC (application-to-person, 10-digit long code), requires registration with the carriers.
Registration has two parts:
- Brand registration, which identifies your business.
- Campaign registration, which describes what you will send, such as reminders, customer care or marketing, along with sample messages and how people opt in.
Your texting platform usually handles the submission, but you supply the details. Make sure your business name, EIN and website match your official records. Mismatches are a common reason registrations are delayed or rejected. Unregistered traffic can be filtered or blocked, so your messages may never arrive.
Honor STOP and HELP every time
Every message program must honor STOP opt-outs and respond to HELP requests. That means:
- When someone replies STOP (or a similar word like UNSUBSCRIBE or CANCEL), stop sending them marketing messages. A single confirmation that they have been unsubscribed is fine; anything more is not.
- When someone replies HELP, send back your business name and how to reach you, plus a reminder of how to opt out.
- Make sure opt-outs sync across every tool you use. If your CRM and your texting platform do not talk to each other, someone who opted out in one place may keep getting texts from another.
It is also smart to remind people periodically, for example in your first message and every so often after that, that they can reply STOP at any time.
Good habits that keep you out of trouble
- Respect timing. Avoid early-morning and late-night sends, and remember your customers may be in different time zones.
- Keep frequency reasonable. Send what you promised at sign-up, not more.
- Identify yourself. Start messages with your business name so people know who is texting.
- Use clear links. Generic link shorteners are often filtered by carriers. A branded domain works better.
- Clean your list. Remove numbers that bounce or have been reassigned.
- Train your staff. Anyone who texts customers from a business line should know the rules.
Make texting part of a bigger plan
Texting works best as one piece of a broader marketing plan that includes email, your website and social media. Each channel has its own rules. For example, Google and Yahoo require bulk email senders to authenticate their mail with SPF, DKIM and DMARC and to offer easy one-click unsubscribe. A consistent, permission-based approach across every channel builds trust and protects your sender reputation.
Our digital marketing team can help you set up compliant opt-in forms, plan message content and connect your texting platform to the rest of your marketing. If you want to talk through a texting program for your business, book a free consultation or call (772) 356-3550.
