In short, the TCPA requires that businesses and organizations must receive PRIOR written consent from individuals before sending SMS/text messages to them. CTIA audit standards indicate that there must be:
* A link to comprehensive terms and conditions (T&Cs)
* A STOP keyword offered
* Mention that message and data rates may apply
You should consult with your legal counsel to ensure that your opt-out and opt-in process is compliant with applicable law and consistent with industry standards.
The TCPA (Telephone Consumer Protection Act) is a federal statute enacted in 1991 designed to safeguard consumer privacy. This legislation restricts telemarketing communications via voice calls, SMS texts, and fax.
The CTIA is an organization created by the wireless carriers to enforce proper SMS marketing practices to ensure they’re in the consumer’s best interests. The CTIA guidelines are very specific about text message marketing. They outline exactly what needs to be included in an advertisement for an SMS program (such as message and data rates, help and stop commands, message frequency, links to terms and conditions, and privacy policies) as well as what can’t be included.
Since the CTIA guidelines aren’t law, you can’t be sued for violating them, but you do risk having your program shut down.