Email and SMS Compliance Basics
What to know before you email or text customers. Email and text marketing work well, and both come with rules. This guide covers the basics for US businesses. It is general information, not legal advice. Talk with an attorney about your specific situation.
Email: The CAN-SPAM Basics
- Use accurate “From” names and email addresses.
- Write subject lines that match what is in the email.
- Include your business’s physical mailing address.
- Give a clear way to unsubscribe in every marketing email.
- Honor unsubscribe requests within 10 business days.
- You are responsible even if a vendor sends email for you.
Subheading:
- Email people who signed up or bought from you. Do not buy lists.
- Remove addresses that bounce.
- Set up domain authentication (SPF, DKIM and DMARC) so your emails reach the inbox.
Text Messages: Consent Comes First
Texting has stricter rules than email. Before you send marketing texts:
- Get clear written consent to receive marketing texts. A checkbox that is not pre-checked, or a keyword the customer texts to you, are common ways to do this.
- Say what messages they will get, about how often, that message and data rates may apply, and how to opt out.
- Keep a record of when and how each person opted in.
- Honor STOP right away, and reply to HELP with your business name and contact info.
- Send marketing texts during reasonable hours. 8:00am to 9:00pm in the customer’s time zone is a common standard.
Carrier Registration
Businesses that text customers from a regular 10-digit number need to register their brand and messaging campaign with the carriers (known as A2P 10DLC). Unregistered messages may be filtered or blocked. Your texting platform walks you through registration.
Transactional vs. Marketing Messages
Appointment reminders and order updates are treated differently than promotions. Keep them separate, and do not slip offers into reminder messages unless the customer agreed to marketing texts.
