SMS Messaging Compliance

Overview

SMS Messaging is affected by the regulatory bodies and regulations listed below.

These regulations are actively enforced, the penalties for non-compliance are substantial, and must be taken into consideration by all subscribers when creating and sending SMS campaigns, automations and two-way responses.

NGAGGE’s compliance team monitors and will notify you of regulation changes and will change our software accordingly where possible to meet these updated requirements.

NGAGGE SMS Messaging makes it easy for you to comply

Compliance language in messages: Outside of non-permitted message content (see below) and the requirement that all SMS messages must be sent to recipients who have opted to receive such messages in writing, NGAGGE includes compliance language on popups, opt-in forms, template messages and more.

Message content: The regulations specify the certain content is not permitted in SMS messages. This regulation is known as SHAFT: [S]ex, [A]lcohol, [F]irearms, and [T]obacco. Including content related to any of these topics in your call-to-action or any of your messages may result in an immediate ban and loss of your account. SHAFT also covers any nessages that contain verbiage related to vaping, CBD, marihuana/cannabis, and any content associated with it.

Our compliance team reviews initial messages to help you avoid inadvertently violating these regulations (see above for non-permitted content).

Be sure to contact us with any compliance questions by clicking te chat button below or emailing us at care@ngagge.com. We’re available 24/7 to help.

Regulations

TCPA: U.S. Telephone Consumer Protection Act states that consumers have the right not to receive unsolicited marketing communications via SMS, and companies should not send consumers automated SMS messaging text messages unless they have obtained a consumer’s prior express written consent.

CTIA: The Cellular Telecommunications Industry Association represents the wireless communications industry in the United States and provides best practices enforced by its carrier members. This is a set of voluntary best practices that help maintain the trust that consumers have in SMS as a marketing and communications channel with brands.

State Legislation: We are currently seeing some state legislation with regard to SMS messaging. For example, the state of Florida recently enacted legislation restricting “quite hours” to from 8 pm to 8 am and limiting the number of messages that can be sent in a 24 hour period to no more than 3.

Our compliance team constantly monitors and notifies you of federal and state SMS law changes, as well as CTIA best practices updates. In addition, we make changes to the software that make it easy for you comply with these changes where possible.

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