If you did not disclose the two things above to customers when they gave you their mobile phone numbers, or you didn’t disclose those things in a “clear and conspicuous” manner, then you cannot text message them. What does “clear and conspicuous” mean? It means that the disclosures were plainly displayed in close proximity to wherever you were asking customers for their mobile phone numbers.
When you collect your customers’ mobile phone numbers, you can text message them as long as you clearly and conspicuously disclose the following two things to them:
So what does the TCPA say about when you can text message mobile phone numbers that you’ve already collected from your customers? It’s surprisingly simple. While you may hear of organizations like the CTIA or Mobile Marketing Association when researching best practices for SMS marketing, the TCPA is the only actual law regarding text messaging customers. So what is the law governing whether you can text message your customers? It’s a federal law called the Telephone Consumer Protection Act (TCPA), which is governed by the Federal Communications Commission (FCC).
This question is usually asked by brands new to SMS marketing, who have already collected their customers’ mobile phone numbers, and want to know if they can now use those numbers for text message marketing.īefore we help you determine whether you can legally text message your customers, it’s a good idea to get a little background on the law that determines whether or not you can text message you customers legally. We often hear marketers ask, “Can I legally text message my customers?”
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