SMS & MMS Marketing Regulations

In the United States, the Telephone Consumer Protection Act (TCPA) and CAN-SPAM Act are the major laws that regulate marketing using SMS & MMS messaging. It is your responsibility to ensure that your SMS messaging program is compliant, and you should make yourself familiar with the relevant industry guidelines and all applicable laws.

In regards to SMS marketing, most of these laws and regulations can be boiled down to the following statement: Consumers have the right not to receive unsolicited marketing communications via SMS.  Fortunately, there are a few easy steps that you can take to ensure that you send fully compliant messages to your customers.  

The key requirements when sending SMS marketing messages are:

  • Receive Explicit Consent: Consumers have to provide “express written consent” before they receive marketing communications via SMS

    • You must inform consumers about what they are to receive before sending them marketing messages

    • A digital form can constitute “written” consent

    • No 3rd-party lists are allowed

  • Honor Opt-Outs: You must honor any SMS marketing opt-out requests that you receive

    • Consumers may opt out of receiving SMS marketing messages by replying “STOP” to any message they receive

    • A confirmation message must be sent to the consumer to confirm the opt-out

    • Postscript will automatically process and confirm all opt-out requests that you receive through your Postscript phone number(s)

  • Send Relevant Content: The content of marketing messages must be appropriate to the intended audience

The other sections of this guide describe specific actions to take on your Shopify store in order to stay compliant while using Postscript.

Disclaimer: The information contained in this note is for general guidance on compliance matters only. While we have made every attempt to ensure that the information contained here has been obtained from reliable sources, Postscript is not responsible for any errors or omissions, or for the results obtained from the use of this information. It shall be the sole responsibility of users of Postscript’s services to familiarise themselves with all applicable laws, regulations and codes of conduct to which they may be subject and to ensure compliance therewith.