SMS/Text Policy
**Comprehensive SMS Text Policy**
**1. Introduction**
This policy outlines the guidelines for sending SMS messages to ensure compliance with the Federal Trade Commission (FTC) regulations and to protect the privacy and rights of recipients.
**2. Purpose**
The purpose of this policy is to ensure that all SMS communications are conducted legally, ethically, and respectfully, protecting both the organization and the recipients of the messages.
**3. Scope**
This policy applies to all employees, contractors, and third-party service providers involved in the creation, approval, and sending of SMS messages on behalf of the organization.
**4. Compliance with Laws and Regulations**
All SMS communications must comply with the following regulations:
– Telephone Consumer Protection Act (TCPA)
– Controlling the Assault of Non-Solicited Pornography And Marketing (CAN-SPAM) Act
– FTC Act
– Other relevant state and federal laws
**5. Obtaining Consent**
– **Prior Express Consent**: Obtain prior express written consent from recipients before sending any promotional or marketing SMS messages. Consent must be clear, conspicuous, and obtained through a compliant opt-in process.
– **Documentation**: Maintain accurate records of consent, including the date, time, and method by which consent was obtained.
**6. Message Content**
– **Identification**: Clearly identify the sender in each SMS message.
– **Opt-Out Mechanism**: Include an easy and free method for recipients to opt out of future messages (e.g., “Reply STOP to unsubscribe”).
– **Message Frequency**: Clearly state the expected frequency of messages at the point of opt-in.
– **Honesty and Transparency**: Ensure all messages are truthful, not misleading, and accurately represent the sender and purpose.
**7. Timing and Frequency**
– **Timing Restrictions**: Do not send SMS messages to recipients outside of permissible hours (typically between 8 AM and 9 PM in the recipient’s local time zone).
– **Frequency Limits**: Respect the stated message frequency and avoid sending excessive or unsolicited messages.
**8. Data Privacy and Security**
– **Confidentiality**: Protect the confidentiality and security of personal data collected from recipients.
– **Data Use**: Use personal data only for the purpose for which it was collected and as agreed to by the recipient.
– **Data Retention**: Retain personal data only as long as necessary to fulfill the purpose of the SMS communication and in accordance with applicable laws.
**9. Opt-Out and Unsubscribe Requests**
– **Prompt Action**: Honor all opt-out and unsubscribe requests promptly, typically within 10 business days.
– **Confirmation**: Send a confirmation message to the recipient once they have successfully opted out, if required by law.
**10. Monitoring and Enforcement**
– **Regular Audits**: Conduct regular audits to ensure compliance with this policy and relevant regulations.
– **Training**: Provide regular training to employees and contractors on SMS compliance requirements and best practices.
– **Violations**: Address any violations of this policy promptly and take appropriate disciplinary action.
**11. Third-Party Service Providers**
– **Due Diligence**: Conduct due diligence to ensure third-party service providers comply with this policy and relevant regulations.
– **Contracts**: Include compliance requirements in contracts with third-party service providers.
**12. Policy Updates**
– **Regular Review**: Review and update this policy regularly to reflect changes in laws, regulations, and best practices.
– **Notification**: Notify all relevant parties of any changes to this policy.
**13. Contact Information**
– **Inquiries**: Provide a contact point for recipients to address any inquiries or concerns regarding SMS communications.
– **Complaints**: Establish a process for handling complaints promptly and effectively.
**14. Accountability**
– **Responsibility**: Assign a designated compliance officer responsible for overseeing adherence to this policy and handling any compliance-related issues.
By adhering to this comprehensive SMS text policy, we aim to maintain the highest standards of compliance and respect for our recipients’ privacy and preferences.
