SMS compliance in the US: what every marketer should know & how Twilio makes it simple

SMS compliance in the US: what every marketer should know & how Twilio makes it simple

If you’re using SMS to engage your customers, you know it’s one of the fastest, most effective ways to connect. But with great power comes a great responsibility to ensure compliance. The rules for sending SMS messages in the US are strict, and the penalties for getting it wrong can be steep. Plus, the landscape is always changing. Let’s explore the SMS essentials so you can send messages with confidence.

Why SMS compliance matters

Texting is personal. That’s why US regulations, like the Telephone Consumer Protection Act (TCPA) and carrier guidelines, exist to protect consumers from unwanted or intrusive messages. Failing to get it right can result in fines, blocked messages, and damage to your brand. For business leaders, this means knowing the rules and following them every time.

SMS, MMS, and RCS compliance: what’s the difference?

SMS, MMS, and RCS all serve as the backbone of mobile marketing communication. SMS, or Short Message Service, is the standard text message that is great for delivering concise written information quickly. MMS, or Multimedia Messaging Service, extends this by allowing images, videos, and other media. RCS, which stands for Rich Communication Services, is an evolution of SMS and MMS that offers a richer, interactive experience with enhanced features like high-resolution media sharing and live typing indicators. 

While SMS remains the most popular text communication channel, MMS and RCS are on the rise. Although each may have unique compliance requirements, getting explicit consent and transparent communication are universal best practices. This guide focuses on SMS, but the foundational rules often apply to all three of these adjacent channels.

7 major keys to SMS compliance

To ensure your messages reach their intended audience without legal repercussions or deliverability issues, understanding and adhering to key regulations is paramount. Here, we outline seven major keys to SMS compliance, followed by additional best practices to help you send with confidence.

• Get consent—always. The foundation of compliant marketing is obtaining explicit opt-in consent. This means you must have clear permission from recipients to send messages—no assumptions allowed!

• Keep records. Maintain detailed records of consent and opt outs. If there’s ever a dispute, you’ll need proof.

• Build trust through transparency. Tell customers exactly what they’re signing up for. Be upfront about the types of messages they’ll receive and how often.

• Make opting out easy. As a best practice, include a straightforward opt-out statement on all marketing messages, such as “Reply STOP to unsubscribe.” 

• Respect boundaries. Timing is everything. Don’t send marketing messages at odd hours or you may be at risk of TCPA violations. 

• Keep it relevant. Send personalized content that your customers desire, and avoid prohibited topics (like SHAFT—sex, hate, alcohol, firearms, and tobacco).

• Know the rules. Regulations can vary by state and carrier, and they evolve. Staying current is critical!

In addition to the major keys above, make sure you’re regularly cleaning and updating your contact lists, verifying phone number ownership to ensure messages only go to those who explicitly opted in. It's also wise to stay informed about carrier and network filtering rules; knowing these can help prevent your messages from being blocked or flagged. Lastly, consulting with legal experts on record retention regulations relevant to financial data and health records (HIPAA) ensures that all your bases are covered when dealing with sensitive information.

The hidden costs of non-compliance

Non-compliance can cost you more than regulatory fines. Carriers may block your messages, causing your brand’s reputation to suffer. Customers want to feel safe and respected. Your commitment to compliance ensures that trust.

But staying compliant also isn’t just about following the rules. It requires time, tools, and sometimes legal consulting. These “hidden” costs can include:

• Extra administrative effort: maintaining precise records of consent, updating contact lists, and responding to opt outs require manpower and reliable systems.

• Technology investment: building or buying software for consent management, audit trails, and automated opt outs involves initial and recurring costs.

• Legal review and audits: consulting regularly with legal experts is advisable to ensure you’re meeting requirements in all relevant regions.

• Training and onboarding: keeping your marketing and support staff updated on compliance protocols and new regulations demands time and attention.

• Message content vetting: ensuring that every campaign avoids prohibited topics or follows SHAFT rules may require extra review steps or automated filters.

These often-overlooked costs are minor when compared to the potential expense of non-compliance. That’s why partnering with a robust provider like Twilio, which offers the expertise and tools to help you manage your compliance, can pay off in peace of mind and operational efficiency.

How Twilio helps you stay compliant

Building a compliant messaging program takes more than good intentions and can be time consuming. That’s where Twilio steps in. Our Compliance Toolkit uses artificial intelligence to assist with your compliance responsibilities. It proactively detects various possible regulatory and messaging policy violations, either preventing or rescheduling transmission so that you can bring yourself into compliance. The different issues it can help solve for are:

• Messaging silent hours

• Opt-out checks 

• Reassigned number checks

Twilio’s Compliance Toolkit provides access to our Contacts API and Consent API too, empowering you to build your own consent management system. We recognize that you best understand your recipients, so you’ll retain the flexibility to send your messages by overriding the Compliance Toolkit’s determinations using these APIs. 

Dive deeper with Twilio

Compliance can seem complicated, but it doesn’t have to be. Twilio is here to help, offering both our expertise and products built for your peace of mind.

Learn more in our Global Regulatory and Compliance Guide for Marketers. Or, discover how the Twilio Messaging Compliance Toolkit can help streamline your SMS compliance efforts by exploring the Compliance Toolkit and signing up for private beta today.