The legislation initially will affect large companies including Apple, Google, Amazon, Meta and Microsoft. For example, it will not allow Google to collect personal data from different services to target ads to consumers without the users’ consent. And Apple may have to allow users to download apps from sources other than the App Store.

“Faced with big online platforms behaving like they were ‘too big to care,’ Europe has put its foot down,” Thierry Breton, one of the top digital officials in the European Commission, said in a recent NY Times article. “We are putting an end to the so-called Wild West dominating our information space.”

The EU is also expected to pass legislation next month that would force social media companies to police their platforms more aggressively.

The new legislation may extend its influence in two key areas. First, experts believe more restrictive legislation will appear around the world in response to the DMA – as it did after the General Data Protection Regulation (GDPR) was adopted. Launched in 2018, the GDPR restricted the collection and sharing of personal data in the EU and became a model for countries like Brazil and Japan. Also, the new European standards may expand to become global standards because it’s easier for companies to apply them across all their markets rather than carving out rules for a single geographic area.

Messaging services can also be affected by the legislation. WhatsApp, which is owned by Meta, could be required to make its system accessible to users of rival services like Signal or Telegram. Signal or Telegram, for example, would have the option of making their systems compatible with WhatsApp. As the law takes effect and enforcement begins, other modifications may cascade from those that are initially apparent.

So, if you thought you could simply wait out the implementation of U.S. and international privacy laws and fly under the radar, you might need to rethink your strategy. Privacy regulations are not going away. They are, in fact, growing.

SMS-Magic Can Help

We’re always watching text messaging regulations around the world so that we can help you stay compliant. As the DMA takes effect, we’ll let you know how new laws may affect your customer outreach.

We can help make compliance easier, particularly if you’ve tied your text messaging campaigns into your CRM. We can help you keep up with the details like customer permissions as they opt-in (and perhaps opt-out) of your messaging campaigns. Our back-end systems are structured so that we can display individual requests, and we can prove you’ve complied with customer requests. You won’t have to worry about regulators asking to see your records. We use on-going processes to collect and store information about distribution and can share it with regulators, if necessary.

Protecting privacy is a complicated question, but with the right partner, the answer can be simple. We’ll keep you updated as laws around the world change. Let SMS-Magic help you reach your customers while you’re protecting their privacy.

Start a free trial today! Your customers will love you for it!

Here’s a beginner’s guide to compliance for companies using business-to-person texts in the United States, the European Union and the United Kingdom. And even if you’re an old hand at text messaging, we may have some good advice for you, too.

TCPA – the Federal Regulation in the U.S.

The U.S. Congress originally created the Telephone Consumer Protection Act (TCPA) to combat unsolicited phone calls, and it has expanded to include new technologies like text messaging. It contains specific restrictions and penalties that companies ignore at their peril. The fines can be as much as $1,500 per message sent. In one of the first class-action lawsuits concerning texting, Papa John’s settled the case against it for $16.5 million in 2013.

Perhaps the most important portion of the TCPA concerns acquiring permission to text. You must have express written consent before your company can legally send text messages to anyone. Before that first text goes out, your customer must say it’s okay or “opt in” to receiving your text messages.

That generally means the first contact must made by a different type of communication. Email, online applications, online communication preferences, direct mail, comment cards, and point-of-purchase materials are some of the most common. Some companies ask customers to text them first, and that action starts an automated chain of messages that allows the customer to opt in.

When a company responds to a request to text, the first text they send must contain a few elements. Here they are:

• Company name.
• Customers agree to receive texts from your company.
• Customers don’t have to receive texts to purchase anything from you.
• Frequency of messages. Be up front about how often you plan to text.
• Message and data rates may apply.
• How to reach customer service.
• How to opt out. For example, “Reply STOP to unsubscribe.”
• Provide a link to your privacy policy.

That’s quite a bit to include in 160 characters, so you can design a series of automated texts that contain the information. Your second text can explain any coupons, discounts or other promotions you’re offering.

GDPR Sets Regulations for EU & UK

In the years since the General Data Protection Regulations (GDPR) hit the streets in the European Union, it’s become clear that all businesses, regardless of size, need to understand what the GDPR requires. The EU is serious about enforcing its provisions.

Fines have ranged from €2.5 million to €225 million for non-compliance. Although these fines may be negligible to multinationals, smaller companies could be devasted by them. Smaller companies and individuals are not exempt from harsh penalties and the costs associated with defending the charges.

The same rules apply in the United Kingdom as they do in the European Union. The UK agreed to GDPR and Brexit has not changed anything.

Who is Affected by GDPR?

Of course, companies that conduct business in the EU and the UK are directly affected by the GDPR rules. But so are companies with customers there. That could be you. Also, your company might be affected if someone living in the EU or UK visits your website and allows you to install cookies on their computer. The more contact you have with people in the EU, the more risk you assume.

GDPR’s Seven Principles for Privacy Rights

The GDPR is based on seven basic tenets:

1. Lawfulness, Fairness, and Transparency: personal data shall be processed lawfully, with fairness to the data subject, and fully transparent. 
2. Purpose Limitation: The organization shall process personal data concerning the contract or business operation, which are explicit or specified before processing. 
3. Data Minimization: data shall not be held or processed further than is required for the purpose.
4. Accuracy: data must be updated, rectified, or erased if inaccurate. 
5. Storage Limitation: you cannot keep personal data longer than necessary; your data retention must have a deletion time. 
6. Integrity and Confidentiality: all personal data must be kept secure and protected against theft, accidental loss, unlawful processing, or damage.
7. Accountability: Organizations must be able to demonstrate that they put appropriate technical and organizational safeguards in place.

What’s New with the GDPR in 2021?

As the EU has updated the GDPR, you need to know what’s changed:

1. All parties who have access to customer data are responsible for data security. When data leaves your company, the company that receives it becomes a “joint controller.”
2. Special data-collection rules between the EU and US have expired. If you handle EU data, you must include standard GDPR contractual clauses in your terms and conditions.
3. When collecting data, you must have clear and explicit consent for which data you collect and process.

Privacy Regulations Are Here to Stay

If you thought you could simply wait out the implementation of TCPA and GDPR and fly under the radar, you might need to rethink your strategy. They are not going away, and privacy regulations are growing.

Tracking Explicit Consent

You must track who opts in and who opts out of your text marketing campaigns, and you must have explicit consent to collect and process a customer’s personal information. You’ll also need to track who is already in the system to keep one person from opting in multiple times, and you’ll need to be able to erase a person’s data from all parts of your system, if requested.

SMS-Magic can make compliance easy, particularly if you’ve tied your text messaging campaigns into your CRM. We can help you keep up with customer permissions as they opt-in (and perhaps opt-out) of your messaging campaigns.

Our back-end systems are structured so that we can display individual requests, and we can prove you’ve complied with customer requests. You won’t have to worry about regulators asking to see your records. We use on-going processes to collect and store information about distribution and can share it with regulators, if necessary.

Protecting privacy is a complicated question, but with the right partner, the answer can be simple. Let SMS-Magic help you reach your customers while you’re protecting their privacy.

Contact us to answer your questions, set up a demo or start your free trial. Let us show you why your compliance worries will disappear with SMS-Magic!

In the three years since it took effect, however, it’s become clear that all businesses, regardless of size, need to understand what the GDPR requires. The EU is serious about enforcing its provisions.

The Irish Data Protection Commission has fined WhatsApp €225 million, the Luxembourg National DPC has fined Amazon £630 million, and the Italian DPA has fined Deliveroo €2.5 million, among many other fines levied for non-compliance. Although these fines may be negligible to multinationals, smaller companies could be devastated by them. Smaller companies and individuals are not exempt from harsh penalties and the costs associated with defending the charges.

SMS-Magic can help you understand the privacy risks you run, and we can help you manage your text messaging programs. Our products are designed to make it easier to comply with GDPR regulations.

Who is Affected by GDPR?

Of course, companies that conduct business in the EU are directly affected by the GDPR rules. But so are companies with customers in the EU. That could be you. Also, your company might be affected if someone living in the EU visits your website and allows you to install cookies on their computer. The more contact you have with people in the EU, the more risk you assume.

You might not do business in the EU and no one from the EU has visited your website or ordered a product from you. That doesn’t give you a pass.

You still must be aware of the worldwide repercussions from the regulation. GDPR was just the first international privacy legislation, not the last. Other countries, like Brazil, have followed suit with their own versions of privacy regulations, as has the state of California. And three years in, the EU has modified the GDPR to include broader responsibility for managing data safely.

Chances are even the smallest businesses that are active on the web will be affected. How familiar are you with the GDPR?

GDPR’s Seven Principles for Privacy Rights

The GDPR is based on seven basic tenets:

1. Lawfulness, Fairness, and Transparency: personal data shall be processed lawfully, with fairness to the data subject, and fully transparent. 
2. Purpose Limitation: The organization shall process personal data concerning the contract or business operation, which are explicit or specified before processing. 
3. Data Minimization: data shall not be held or processed further than is required for the purpose.
4. Accuracy: data must be updated, rectified, or erased if inaccurate. 
5. Storage Limitation: you cannot keep personal data longer than necessary; your data retention must have a deletion time.
6. Integrity and Confidentiality: all personal data must be kept secure and protected against theft, accidental loss, unlawful processing, or damage.
7. Accountability: Organizations must be able to demonstrate that they put appropriate technical and organizational safeguards in place.

What’s New with the GDPR in 2021?

As the EU has updated the GDPR, you need to know what’s changed:

1. All parties who have access to customer data are responsible for data security. When data leaves your company, the company that receives it is also responsible for it as a “joint controller.”
2. Special data-collection rules between the EU and US have expired. If you handle data from the EU, you must include standard GDPR contractual clauses in your terms and conditions.
3. When collecting data, you must have clear and explicit consent for which data you collect and process. You can’t restrict access to your website by requiring a user to accept cookies.

Privacy Regulations Are Here To Stay

If you thought you could simply wait out the implementation of the GDPR and fly under the radar, you might need to rethink your strategy. GDPR is not going away. Indeed, as we mentioned earlier, more countries, states and territories are devising their own privacy regulations.

So perhaps it’s time to review your company’s data collection and processing practices. As part of that review, you should review your vendors’ privacy practices, as well. As a joint controller, your vendors can help you comply or can help put you in harm’s way. At SMS-Magic, we are your partner and have developed our systems to help you comply with privacy regulations.

Tracking Explicit Consent

With the changes to the GDPR, you must keep track of who has opted in and who has opted out of your text marketing campaigns. You must have explicit consent to collect and process a customer’s personal information. You’ll also need to track who is already in the system to keep one person from opting in multiple times, and you’ll need to be able to erase a person’s data from all parts of your system, if requested.

SMS-Magic can make compliance easy, particularly if you’ve tied your text messaging campaigns into your CRM. No matter what industry you’re in – banking, higher education, hospitality, finance or others, we’ll help you keep up with customer permissions as they opt-in (and perhaps opt-out) of your messaging campaigns.

SMS-Magic is designed to track opt-in and opt-out requests so that you send only to the customers who have specifically asked you to. Our back-end systems are structured so that we can display individual requests, and we can prove you’ve complied with customer requests. You won’t have to worry about regulators asking to see your records. We use on-going processes to collect and store information about distribution and can share it with regulators, if necessary.

Protecting privacy is a complicated question, but with the right partner, the answer can be simple. Let SMS-Magic help you reach your customers while you’re protecting their privacy.

Contact us to set up a demo or to start your free trial. Let us show you why your compliance worries will disappear with SMS-Magic!

Seemingly simple requests, like a request to opt out of communications, can sometimes have expensive consequences. Fines for illegal text messages can range from $500 per text to $1,500. If you’re sending thousands of texts, fines can quickly become overwhelming due to non compliance.

More than that, however, is the desire to build trust between your company and your customers. Customers these days want a transparent look into your motives and methods. Asking permission before you send a text and honoring requests to stop sending texts are small ways to demonstrate transparency and care for your customer.

Michael Weinhouse, founder and co-CEO of Logical Position, wrote in a Forbes leadership article, “But as scary as the idea of transparency might seem, I know from experience that, in the long run, it’s good not only for your customers but also for your business. In addition to attracting new customers, transparency allows you to better serve your current ones, ensuring they stick with you.”

We think asking customers to opt into your messaging program will help make the world (and your business) a better place. It demonstrates the kind of respect we all want.

What Are the Rules?

In the United States, commercial text messages are governed by the Telephone Consumer Protection Act (TCPA). The Federal Communications Commission established the act in 1992 to slow the stream of unwanted telemarketing calls. In the subsequent years, the TCPA has been expanded to include text messages, too.

Here is a quick guide from law firm Whitfield Bryson LLP outlining what is not allowed under the TCPA:

• Unsolicited Text Messages – businesses are not allowed to text consumers without their permission. If a consumer gives permission for texts, the first text you send to them should confirm their permission.

• Requesting Payment – businesses may not request payment or additional identifying information before revealing the actual message.

• Scrambled Messages – businesses must send readable texts. They may not scramble the message or use unintelligible audio.

• Do Not Call Registry – businesses must respect the Do Not Call registry established by the FCC and the Federal Trade Commission (FTC).

• Robocalling & Automated Dialing – businesses may not use robocalling to generate phone numbers or send text messages.

• Restrictions for Residential Numbers – businesses may no longer use an “established business relationship” as the basis for texting someone’s home number. That includes mobile phones that are used as home numbers.

So what should you do? Here are suggestions from Gleantap, a customer management platform created for the fitness industry:

• Receive consent before any message is sent
• Mention your company name in the first text
• Give the coupon or value proposition upfront
• Mention the frequency of messages that will be sent monthly
• Disclose possible carrier costs and fees
• Give an option to ask for help and opt out of future texts

How Can SMS-Magic Help You?

Our customers use messaging in a wide variety of applications in a wide variety of industries. No matter what industry you’re in – banking, higher education, hospitality, healthcare or others – SMS-Magic can make compliance a breeze. We’ll help you keep up with customer permissions as they opt-in (and perhaps opt-out) of your messaging campaigns.

SMS-Magic is designed to track opt-in and opt-out requests so that you send only to the customers who have specifically asked you to. Our back-end systems are structured so that we can display individual requests, and we can prove you’ve complied with customer requests. You won’t have to worry about regulators asking to see your records. We use on-going processes to collect and store information about distribution and can share it with regulators, if necessary.

Does SMS-Magic sound like the answer you’ve been looking for? We hope so!

Contact us to set up a demo or to start your free trial. Let us show you why your compliance worries will disappear with SMS-Magic!

Anyone can execute an SMS marketing campaign, but the success of the campaign depends on rules, compliance and using the right strategy. Without a strategy, marketers may be executing campaigns completely unaware that their text message marketing tactics are causing them greater damage than good. SMS marketing campaigns requires Opt-In and Opt-out options to be given to your audience.

If you do not want to become one of those businesses that sees more customers opting out than opting in, note the following reasons people Opt-Out from SMS Marketing campaign and what can you do to increase Opt-Ins.

Why Consumers Opt-Out Of SMS Messages & Campaigns

1. SMS Marketing Tone and Content: What you say is important, but it’s also how you say it. Make sure your message is professional, that your company is identified and that the intent is clear and easy to grasp at a glance. Don’t be too casual or use jargon or emojis that can have your message be misinterpreted.
2. Irrelevance: Relevance is an imperative in an inbox considered by many to be a personal communication channel. Irrelevant messages will harm your relationship, rather than enhance it. Irrelevant messages result in customers opting out. If you have not provided an easy Opt-Out option, they could choose to mute the conversation which is the equivalent of sending an email to the junk folder.
3. Too Many SMS Messages: Frequency is a careful balance. Best practices indicate 4 messages per month. Your audience may expect more or even less. Make sure to set expectations when customers opt-in (also required by compliance) and then stick to the expectations you set.
4. Wrong timing: Sending messages at the wrong time can greatly impact opt-out rates.The Frost & Sullivan report found that the rate for opt-outs on messages sent during the week was only 1.8 percent, but that number jumped up to 5.8 percent when messages were sent out on the weekends.
5. No Incentives: If you fail to provide incentives to customers, then you can count on them quickly opting-out. They expect some kind of offer from the brands and companies when they Opt-In for your text marketing campaign. Give them a reason to take action, learn something or be entertained; otherwise your messages become clutter they can live without.
6. Lack of Responsiveness: Remember that texting is a two-way dialogue. Should a prospect or customer reply to your text, make sure a team member is ready to respond quickly or that an automated response is set to trigger. Consumers consider it rude when their text messages aren’t met with timely response.

The reasons above provide plenty of motivation for your prospects and customers to opt-out of your SMS marketing Campaigns. Let’s look at the flip side to the steps you can take to give customers reasons to opt-in to your text marketing campaign.

Steps To Increase SMS Marketing Campaign Opt-Ins:

• Invite Your Customers to Text You (integrating SMS across all channels): Advertising and promoting your SMS campaign is essential for building an opt-in list. Make people aware of the value they’ll receive by including a mention in emails, promoting your campaigns on your website, and via social media. You can also offer a reward just for opting in. Customers love to receive discount coupons, free desserts, and exclusive access to new collections, for example.
• Be Clear and Respectful: The clearer customers are on exactly what they are signing up for, the more successful your SMS campaign will be. Tell them why they should opt-in, what they’ll get, and how often they’ll hear from you. SMS opt-in promotions must follow compliance regulations and the more transparent you are in your SMS marketing campaign promotions, the more trusting consumers will be and the more willing to opt-in for the value you’ve promised.
• Personalize Your Messages: With an advanced text messaging solution, you’ll have a full history of all your conversations. You can ask questions to profile your customers and learn more about their wants and needs. You will know what they’ve responded to in the past. Align your messages to their behavior, purchase patterns and responses to increase the performance of your SMS marketing campaigns. Give them a reason to stay.
• Maintain Value: Make sure that every message delivers on what you promised for the program people gave their consent to participate in. If some new reason comes along to communicate with your prospects or customers, start a new campaign. Because you have their consent, you can text them to invite them to reply with a new keyword to also receive the new messages. If they don’t respond, respect their rights.
• Humanize Your Messages: There’s a difference between marketing language and language that engages your customers. Because SMS text messaging is considered a personal exchange, make sure your messages sound human. Because of the length limitation to 160 characters, marketers often try to put too much in one message. It’s harder to write short than long. Take your time and craft a message that demonstrates empathy. This is what drives engagement and invites people to respond to your offers.

The Bottom Line

It’s just as important to be aware of what causes consumers to opt-out as to opt-in to your SMS messages and campaigns. Use these steps to proactively manage your text message marketing to expand reach and solidify a position in your target markets. These dos and don’ts for SMS marketing campaigns will help you formulate a winning strategy to drive high-performance outcomes. Given the noisy channels you’re up against, text message marketing definitely has its upsides.

The effectiveness of SMS messages continues to grow as marketers use SMS messages to connect with their target audience on a personal level. Let’s face it,  your customers increasingly live on their mobile devices In 2018, 52.2% of all worldwide online traffic was generated through mobile phones, up from 50.3% in the previous year (Statista, 2018).

Once you have decided to use SMS campaigns, three factors are key initiate campaigns.

• Business Text Messaging Solution: A business text messaging platform that integrates with your CRM, records conversational histories to lead objects and enables you and your team to easily manage consent and connected conversations, send automated campaigns and measure performance (like an email marketing platform) is your foundation for SMS marketing.
• Active Database: To start SMS marketing, you’ll need mobile phone numbers for your contact database to send text messages. This data can be acquired via opt-in invitations at various touch points with your target audience.
• Customer Consent: Consent from a prospect or customer is required by various regulations, including GDPR, TCPA, and others. Fines for non-compliance are expensive. You’ll want to make sure that the business text messaging solution you choose provides a process flow that ensures you meet compliance regulations.

Once you’ve addressed these factors, you can initiate your SMS campaign. To ensure your SMS marketing campaigns are successful, you’ll want to incorporate best practices in execution.

Best Practices for SMS Messages and Campaigns

• S.M.A.R.T. Goals: Setting a Specific, Measurable, Achievable, Reliable and Time Specific (S.M.A.R.T.) Goal before starting SMS campaign defines the objectives and business goals for each SMS marketing campaign.
• Call-To-Action: A all-to-action is what you want your customers to do interact with the brand/company. A call-to-action can take a variety of forms, including a keyword response, clicking a link embedded in the message or redeeming an offer or promotion presented in a message. A keyword is a unique word or phrase that people text to a short or long code to opt-in or participate in your campaign. For example, Rachel, a salon owner, is opening a new salon. To build a customer base she posts signs around the location with this message: Text HAIRCUT20 to 520520 and get 20% off your haircut.
• Leverage Incentives: Incentives provide something valuable to your customer, something relevant to them that will motivate their intent to engage with and buy from you.  Incentive can be monetary as well as non-monetary.Examples of non-monetary incentives include:
  • Personalization – “We’ll notify you when your favorite item comes in.”
  • Reminders – “Your shipment will be delivered today.”
  • Engagement – “Tell us how we can help you.”
  • Access – “You’re receiving exclusive early access to this New Summer Collection because you’re a VIP.”
  • Privileges – “Earn VIP points with every purchase to redeem as you choose.”
• Permission required: A customer’s consent is essential for a successful SMS campaign. Opt-Ins can be achieved in two ways:a) The Call-To-Action as mentioned in best practice #2, above
  b) A prospect or customer including their mobile number via a web form or personally, during an event in agreement to receive text messages from you.For example, a real estate broker holds an open house for home buyers and asks those who tour the home to sign a guest log and check a box to receive text messages alerting them to similar listings in the future. When a suitable listing becomes available, she sends these contacts a text message, alerting them to the listing. She also includes: “To learn more, reply 74OAKST or you may reply STOP to opt out from receiving messages.” This information ensures the prospective home buyers have the option to choose whether to permit the broker to continue sending them text messages or not.
• Timing: You want to make sure you’re sending messages that align with your business and your customers. Best practices follow business hours of between 9AM and 6PM.Of course, if you’re a night club and you’re promoting open seats right before a show at 9PM, your customers’ expectations will vary. The key is to understand that the nature of text messages is considered in real-time. Sending your messages in a time frame that relates to your offer and your audience will generate better response.
• Consistency: Timing and consistency are related and can help build expectations from your prospects and customers. For example, a restaurant that sends a text offering discounts every Thursday at noon for weekend specials will have customers come to expect these texts on Thursdays.
• Less is Better: Text messages allow for 160 characters. The format forces brevity. It’s best to write concise messages using correct grammar, rather than try to fit too much in by using acronyms or emojis your audience wouldn’t expect from you. Focus on one key point and make clear what’s in it for them and what you’re asking them to do.
• Measurement: SMS Marketing is measurable. You can easily track messages sent, messages delivered, keyword responses and conversations, as well as promotions redeemed, as long as the promotion has a code used only in your SMS marketing campaign. After every SMS campaign, you should evaluate your strategy and iterate for improvements in future campaigns based on what you learn from the results.

The Bottom Line

SMS messages and campaigns are growing in receptiveness for your prospects and customers due to their increasing reliance on their mobile devices. Business text messaging platforms, like SMS-Magic, can help you comply with regulations and embrace best practices to build relevant conversations that grow your business more easily than other channels where it’s becoming more difficult to rise about the noise.

With the Converse platform, compliance is simplified and automated to ensure that you’ve properly received and recorded consent from your prospects and customers for your SMS text messaging programs—whether for marketing, sales, or service.

A Review of the Basics of Compliance for SMS Messages

Compliance refers to the rules that guide SMS messages, what you can do, how you can do it, and things you want to avoid.

This post focuses on the US regulations. Text messaging is governed by The Federal Communications Commission (FCC). The FCC is the primary body in the US for regulating communication by satellite, wire, radio, television, and cable, so text marketing also falls under its domain.

Text messaging compliance follows the specific rules of the Telephone Consumer Protection Act (TCPA.) The TCPA is the main anti-telemarketing law in the U.S. It also applies to text messaging, since texting is viewed as a transaction like a phone call.

The fines for violating regulations can be steep – up to $1,500 for each text message if a court thinks you’ve knowingly violated the rules for compliance. So, let’s not let this happen.

4 Tips to Follow for Compliance

First: Get Consent

The FCC is concerned about controlling spam, so you need to gain permission from people before you can text them. The first thing you need to do to use business text messaging is to build a compliant opt-in list.

Here’s what you need to know:

• All contact consent should be in writing and records kept for 4 years to comply with TCPA. You must also make them aware that you will be sending them text messages in the future—before they consent.
• Consent is easily achieved digitally and recorded automatically in the Converse Intelligent Messaging Platform and captured/stored in Salesforce. This includes via website form, email, text message, a check box on a form or application, or digital document.
• Make sure that consent is optional.

Second: Decide if You Need Single or Double Opt-in

The main thing that determines this choice depends on how you receive consent. The objective is to prove that you have consent from the device owner.

Here’s what you need to know:

• Single Opt-In: If you receive consent via an SMS message from a mobile device, you have the written consent of the device owner. An example is if they text a keyword to sign up for your text messaging program.
• Double Opt-In: If you receive opt-in via other means, such as a web form, check box or paper (via a trade show, for example) then you should send a single message to the device owner to verify they’ve opted in by texting YES in reply. This is a requirement of the US wireless association (CTIA) and the Mobile Marketing Association (MMA).

Third: Disclose the Details

When you’re inviting prospects and customers to opt-in to your text messaging programs, you need to disclose information about the program they’re signing up for.

Here’s what you need to know:

• Provide an overview of the types of messages they should expect to receive and the message frequency (e.g. 4 messages per month). The overview can be a broad description, such as marketing and promotional messages related to your products and services. Or it could be specific and targeted to appeal to a role or to expand about a topic the person is interested in learning more about. Just remember that what you promise is what you need to deliver to stay in compliance.
• Provide links to your terms and conditions and privacy policy.
• Inform them of how they can opt out of the program.
• Inform them about possible carrier costs and fees they may incur.
• It’s wise to send a confirmation text upon opt-in that restates the program details.

Fourth, Respect Opt-Outs

One of the most important aspects of compliance for business text messaging is handling opt-outs correctly. If you don’t, your business will be at risk for penalties for spamming.

Here’s what you need to know:

• Offer an easy way to opt-out in your messages. An example is “Text STOP to end text messages.”
• Make sure you include the opt-out wording in a message at least once per month.
• When you receive an opt-out, make sure to acknowledge it with a message so the person knows you’ve received their request and acted upon it.
• Converse will automatically record and timestamp the opt-out, providing you with an audit trail, and remove the contact from messaging programs.

The Bottom Line

Compliance for SMS messages is no different than getting permission for email marketing. The Converse App for Compliant Opt-In/Opt-out comes preconfigured to allow you to comply with regulations and automates what would otherwise be a complex manual process to keep track of consent status.

You can learn more about compliance best practices in our course for text messaging.

Here’s how to get started building a compliant opt-in list for business text messaging.

Defining Compliant Opt-Ins

Business text messaging is a form of permission-based communication, regulated in the U.S. by the TCPA, the U.S. Wireless Association (CTIA) and the Mobile Marketing Association (MMA). If you communicate with EMEA data subjects, GDPR also regulates consent.

Just as with email marketing, anytime you begin to use messaging to talk with your prospects, customers, candidates, home buyers, investors, patients, or others, you need to get their consent.

Consent—also known as “opting-in”—must be tracked, time-stamped and managed within your intelligent text messaging platform as a means of evidence that you have the consumer’s permission to message them.

Why Become a Textpert at Building Lists for SMS Messages?

Gain Access: The Kahuna Mobile Marketing Index found that native SMS messages have a high opt-in rate: 86% in US, 82% in Europe and 77% in Asia. Just as impressive, 77% choose to turn on notifications, so you can be sure they’ll see your message quickly.

Increase Intent: Recent research by Twilio found that messaging is ranked as the #1 channel consumers want to use to engage with businesses. And half of them prefer native SMS to message with businesses over messaging apps, like Facebook and WhatsApp. When your business communicates in the way consumers prefer, you’re showing them that you care about what they want. And, rather than just pushing messages at them, consumers can easily respond and have a conversation with your business. Responsiveness builds trust and the confidence that drives intent to buy…and buy again.

Grow Loyalty and Satisfaction: The Global Mobile Messaging Consumer Report found that consumers agree messaging is a great channel to learn about new products and services, provide feedback, or get support. These conversations serve to increase loyalty and satisfaction as they strengthen relationships.

The Converse App for Compliant Opt-In Comes Ready to Roll

The Compliant Opt-In App provides everything you need to run a conversational text messaging campaign to build your lists. Simple tuning of the preconfigured campaign will get you started quickly and simply.

You’ll find:

• Message content templates that make it easy for you to quickly tune your messages based on best practices used by more than 1800 customers to accomplish the same goal.
• Message flows for your opt-in process, including any appropriate automated workflows, auto-responses, and triggers for opt-in compliance requirements.
• Data and analytics that you need with key insights to help you understand why people opt-in, which offers lead to the best opt-in results, and how to drive higher opt-ins to build your list.
• An intelligent and intuitive interface designed to accelerate and simplify managing the volume of opt-in requests and the messaging campaigns you’ll deliver next…

How the Converse App for Compliant Opt-In Works

Let’s say you’re running a promotion that includes an option for a prospect to text a keyword to a short code to “opt-in” to receive something relevant to them. Depending on your type of business, the offers could be new product information, discounts or coupons, contests, how-to videos, insights or research findings—and those only scratch the surface of possibilities.

When an unknown lead sends the keyword to the short code, the following opt-in occurs:

• The keyword and mobile number used to send it are captured as the Converse App creates a new lead record in your database.
• The Opt-In App then automatically triggers a legally compliant message back to the prospect that includes your company name, value proposition, frequency of messages to expect monthly, and the option to ask for help or opt-out of future texts.
• The App will then trigger the first content message to deliver the information or offer the prospect responded to by texting the keyword.

This sequence allows you to manage compliance requirements automatically and convey the information the sender requested.

Once the opt-in is completed, you’re ready to launch any type of conversational text messaging campaign you’d like. Depending on the additional Converse Apps you’re using for the campaign, you may choose to send a single message to the prospect, begin a drip or nurture campaign, schedule a meeting or start a survey.

Converse Apps simplify what it takes to become a Textpert at building lists for SMS messages.

Find out more about Converse Apps and transform your campaigns and communications—into relevant experiences that your potential and existing customers will thank you for sharing. It’s easier than ever to reach and engage your audiences with relevant content that drives business growth.

Text messaging already gets a 6x response rate over emails. Which means that when you use text messaging to compel opt-ins, you’re highly likely to get more compliant opt-ins than with any other form of communication.

The question then becomes, “How do I compel my audiences to opt-in?” Here are three ideas.

1. Give them something relevant using short code in return for their opt-in to text messaging.

Offering discounts and coupons is a tried and true approach for product and service-oriented companies. You see these discounts in coupon flyers and envelopes mailed out en masse, in advertisements via direct mail, as well as in online digital ads and emailed offers.

Steps to using promotional offers to drive opt-ins:

• Have your IT admin create a Keyword Response tied to a specific promotion conversation
• Add that keyword to your short or long code in SMS-Magic Converse
• Promote that keyword and short code, along with the offer, in all of your print, digital and event marketing promotions
• Deliver the offer automatically when someone texts the keyword to that short or long code

Be sure you’re using a compliant opt-in approach to the text opt-in, before you have any type of conversation with the prospect. Also, be sure to follow-up after the opt-in is complete to actually send them the offer via text message. SMS-Magic allows you to automate offer delivery based on keyword responses.

You’ll also want to message them to let them know that you’ll be sending other offers and informational content via messaging conversations.

Here’s an example of how this works in higher education:

Your students are digital natives. Using messaging to recruit them gives you the advantage over other institutions. Here’s how you can use SMS-Magic Converse to quickly reach out to students, get their consent, and then move on to recruiting them.

1. Promote your school. A web page, promotion or email campaign uses the offer of a Virtual Event to compel a text opt-in from a student using the keyword SCHOOL. The Compliant Opt-in App manages their confirmation automatically.
2. Fulfill your promotion. Following confirmation, an automatic message delivers the event information and registration which was offered as part of the opt-in promotion, using a Single Message App.
3. Promote a student event: An Event Announcement is triggered through our Event App, offering registration for an Open House. After the student registers, a confirmation is sent, followed by a series of promotions for the event. A message in the event nurture offers the option for the student to SCHEDULE a meeting with admissions at the event, or ask to chat with someone (HELP).

2. Make it easy for new clients to contact you.

Let’s say you’re in real estate, financial services, or some other service-oriented industry. The key to getting new clients is to promote yourself and your business, right?

In every promotion, whether it be a Home for Sale sign, an advertisement, a Yellow Pages listing, or Chamber of Commerce registration, include a keyword and short or long code to make it easy for new prospects to connect with you.

• For multiple options/services, you can use different keywords with the same short or long codes to delineate which service a prospect is interested in discussing.

  For example, different houses for sale could use the numbers in their address as the keywords. In this way, you can immediately know what the prospect is interested in exploring, then trigger an automatic set of messages (after a compliant opt-in) to give them more information that’s highly relevant to their interest.

• If your business is more focused, say landscaping, you can use one keyword for all of your opt-ins.
• You can also combine the concept of a discount or offer with your business promotions. For example, offer a discount on services when someone opts-in to your conversation about relevant topics to your business.

It’s important to note, these nurturing conversations should be relevant and information-based, not self-promoting. Self-promotion is a fast way to get prospects to opt-out of your messaging conversations.

3. Include keywords in your emails or other communications.

The best communication strategy blends all your channel options. So, use your email communications to get people to opt-in to your messaging programs.

Since most people prefer messaging over any other form of communication, why not give them what they want?

Try these simple tricks to promote your text messaging opt-in:

• Customer update emails: In your next customer update email, offer special insights into a topic that’s relevant to your customer base. Use text messaging to deliver those insights. Which means the customers need to opt-in to get them.

  You can use this technique when you’re announcing new products or updates, new services, or new partnerships. If your customers want the juicy information, they’ll get it through texting. Texting is intuitive; we all text. Your customers prefer it so you’re serving them by moving to more text messaging conversations.

• Lead nurturing: In your lead nurture emails, promote a text alternative with a simple opt-in. Again, offer something special like unique information and insights, a free trial or discount coupon for everyone who successfully opts-in to your messaging conversation.

You can also include a keyword and short cord in your IVR messages so that when people call your company, they get a quick option to reach out and converse with someone, quickly, without waiting on hold.

The Bottom Line

Text messaging offers a compelling way to interactively converse with your audience. Since people read and respond to text messages far more than they do emails, gaining opt-ins to text messaging programs results in getting the consent marketers need to be able to continue to communicate with prospects and customers—especially once GDPR comes into effect.

Using the above techniques will enable you to promote your offerings and services, while you also gain the consent you need for ongoing text messaging conversations.